A.
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Code Official or, if such is the case, a temporary certificate of occupancy issued pursuant to § 166-162.
[Amended 8-8-1991 by Ord. No. 18-91]
B.
In addition, a certificate of continued occupancy
shall also be required under the following circumstances:
[Amended 12-28-1987 by Ord. No. 39-87; 8-8-1991 by Ord. No.
18-91]
(1)
Prior to the occupancy of any nonresidential
building or structure in which the use, occupancy or tenancy has been
changed.
C.
The certificate of occupancy or certificate of continued occupancy shall not be issued until the land, use, building, structure or premises complies with all the provisions of this chapter, all other applicable Township and state requirements and with such conditions that have been required by any site plan approval or site plan exemption as hereinafter regulated in § 166-164.1. When issued, the certificate of occupancy or certificate of continued occupancy shall state that such compliance has been achieved.
[Amended 12-28-1987 by Ord. No. 39-87]
D.
The fee, as prescribed in § 166-48, for the certificate of occupancy shall be paid at the time any building permit application is filed with the Building Inspector. After completion of the erection or alteration of the building, or compliance by the applicant with any other such conditions or requirements as may be imposed by such other appropriate municipal body, Board or officer, application for the issuance of a certificate of occupancy shall be made to the Zoning Officer, and said certificate of occupancy shall be issued or denied within seven days.
A.
A certificate of occupancy shall specify the use of
the land or buildings and any circumstances or conditions imposed
by any agency, code or regulations. Any change in use, including a
change from one permitted use to another kind of permitted use in
the same zone, as well as any change in tenancy in the nonresidential
zones or in a nonconforming use in residential zones, will be treated
as a new use and a new certificate of occupancy shall be required.
Prior to the issuance of a certificate of occupancy for said change
in use, all provisions of this chapter shall be complied with in the
same manner as if the new use or tenancy were a new structure or a
new use of land.
[Amended 7-9-1987 by Ord. No. 22-87]
B.
When there is a change in use of premises within the
meaning of this section, the owner shall notify the Building Inspector,
by letter, of all details of the proposed change. He shall advise
the owner within one week if, in his opinion, the facts require a
certificate of occupancy. If not so notified, the owner may undertake
to use the premises for the new use.
C.
If, after the expiration of the temporary certificate of occupancy, an applicant is still unable to comply with all requirements for a permanent certificate of occupancy by reason of extreme hardship, a permanent certificate of occupancy may be approved by the Planning Board upon application under the same procedures as set forth in § 166-162, provided that a cash bond in the entire amount of all incomplete improvements is deposited with the Township Clerk.
No certificate of occupancy may be issued by
the Zoning Officer until he has ascertained that all requirements
of this chapter and any other applicable Township or state regulations,
Board of Adjustment order, Township Committee order, Township Engineer
order or site plan approval by the Planning Board are fully met. All
improvements as shown on the site plan must be installed at the time
of issuance of the certificate of occupancy.
Every certificate of occupancy issued for any
nonresidential use shall be reported by the Zoning Officer to the
Planning Board prior to the next regular meeting of said Board.
A.
In the event that an applicant for any nonresidential
use is unable to fully comply with all of the requirements for a permanent
certificate of occupancy as outlined above, due to weather conditions
or other forces beyond his control, he may apply for a temporary certificate
of occupancy. For the purpose of administering this section, "occupancy"
is defined as the use of any equipment or machinery (other than construction
machinery not considered part of the building) or the storage of a
product, merchandise, raw material or other personal property or the
use of a structure other than by those engaged in its construction.
B.
Application procedure.
(1)
Applications for a temporary certificate of
occupancy shall be made on a form provided by the Zoning Officer.
Applications shall be made five days prior to the desired issuance
date of said certificate. Each application shall be accompanied by
a fee of $10.
(2)
After receipt of an application for a temporary certificate of occupancy, the Zoning Officer will make an inspection of the building and site in question. If the Zoning Officer finds that the applicant is unable to comply with all of the requirements for a permanent certificate of occupancy for reasons as outlined in Subsection A above, he may issue a temporary certificate of occupancy for a period of 30 days, provided that all of the following requirements are met:
(a)
The building is substantially completed, fully
enclosed to all natural elements and in all respects ready to accommodate
the proposed use.
(b)
As required by the season, heating and/or ventilating
systems are in working order.
(c)
The building shall have sanitary facilities
installed and usable and approved by the Health Officer.
(d)
All combustion equipment and fire-protection
systems shall have preliminary approval of the Board of Fire Commissioners.
(e)
The rough electrical installation has been inspected
and accepted by the Fire Underwriters or other appropriate agency.
(3)
A statement of the action taken by the Zoning Officer for any temporary certificate of occupancy requested under Subsection C shall be forwarded to the Planning Board prior to the next regular meeting of the Board.
(4)
The Zoning Officer shall have the authority to extend the temporary certificate of occupancy for a period of 30 days upon receipt of an application for renewal and payment of an additional fee of $10. This application and the action taken shall be as permitted and regulated in Subsection B(1), (2) and (3) of this section.
(6)
In no case shall the Zoning Officer issue a
temporary certificate of occupancy for a period to exceed 30 days,
nor shall he renew a certificate more than twice as regulated above.
Temporary certificates of occupancy issued under this section are
limited to a maximum of 90 days.
C.
Temporary certificate of occupancy for longer than 90 days. It is recognized that, under extreme circumstances, a temporary certificate of occupancy may be required for a period beyond the 90 days as above regulated. In such event, the applicant shall file with the Zoning Officer a request for a temporary certificate of occupancy prior to the expiration of the second renewal as outlined in Subsection A(5). This application shall be made sufficiently early to be referred to the Township Committee for consideration at a regular public meeting of the Committee, but in no case less than 14 days before such meeting. All requirements of Subsection B(1), (2) and (3) shall be complied with. The Township Engineer will estimate the cost of completing all conditions of site plan approval. The applicant shall post a completion bond for the amount determined by the Township Engineer with the Township Clerk. If said bond is other than cash, a cash escrow account of $500 will be deposited with the Township Clerk, which shall be forfeited and used to defray the cost of collecting the completion bond if the applicant fails to comply with all of the site plan requirements within the time limits set forth on the temporary certificate of occupancy issued under this section. A temporary certificate of occupancy requiring the posting of a bond as set forth in this section shall not be issued by the Zoning Officer without the approval of the Township Committee.
Notwithstanding any other provisions of this
chapter, a temporary certificate of occupancy shall not extend for
a period longer than nine months from the date of original issuance,
as regulated in this article.
It shall be the duty of the Zoning Officer to
keep a record of all applications for certificates of occupancy and
of all such permits and certificates issued, with a notation of all
special conditions involved. He shall file and safely keep copies
of all plans and specifications submitted with such applications,
and the same shall form a part of the records of his office and shall
be available to all officials of the Township. Copies of certificates
of occupancy shall be furnished upon request to any person having
a proprietary or leasehold interest in the structure or land affected.
A fee of $10 shall be charged for each original certificate and $5
for each copy thereof.
[Added 12-28-1987 by Ord. No. 39-87; 6-10-2004 by Ord. No.
13-2004; 11-12-2009 by Ord. No. 17-09; 8-12-2010 by Ord. No. 23-2010]
A.
An applicant seeking a certificate of continued occupancy for a change in occupancy or tenancy of a nonresidential building may apply for an exemption of site plan review and approval regulated in Part 4 of this chapter. The criteria and procedures to be followed for such application and exemption are set forth in § 166-58D and E.
B.
For the purpose of administering this section, a "certificate
of continued occupancy" shall be defined as a certificate stating
that a change of occupancy or a change in tenancy may occur in an
existing building or structure after approval by the Site Plan Exemption
Committee or the Hanover Township Planning Board.
