All permits and certificates required under this chapter shall be issued by the Land Use Officer unless the provisions of this chapter expressly direct their issuance by another person or agency. No permit or certificate issued pursuant to this chapter shall be deemed to be in lieu of or to supersede any permit or certificate required under Chapter 124, Construction Codes, Uniform, or under the applicable provision of any other board, body or agency of the federal, state, county or Borough government.
[Amended 5-13-1997by Ord. No. 97-8]
No zoning permit shall be issued for the construction of any new building, the alteration, addition to or change in use of an existing building, a conditional use, a use or building permitted by variance or a nonconforming use, unless, when so required, a final site plan shall have first been approved by the Planning Board in accordance with the terms of this chapter.
A. 
New uses. No building or land shall be occupied or used unless the Land Use Officer shall have issued a certificate of use and occupancy certifying that such building or other structure or use is in conformance with the provisions of this chapter. A certificate of use and occupancy, once granted, shall continue in effect so long as there is no change in the kind or nature of such use, regardless of change in the identity of the tenant or occupant.
[Amended 4-13-1993 by Ord. No. 93-5]
B. 
Existing uses. Upon proper application, accompanied by the fee prescribed in Chapter 138, Fees, from the owner, tenant, occupant or purchaser under contract of any building or other structure or any use thereof lawfully in existence at the time of such application, the Land Use Officer, after inspection, shall issue a certificate of use and occupancy for the continued use and occupancy of such building, structure or use.
[Added 12-4-2018 by Ord. No. 18-18]
A. 
Purpose. There is a need to have an inspection requirement of all residences upon sale, transfer or change of ownership, vacancy and reoccupancy, re-rental or re-lease of one and two family dwellings.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHANGE IN USE
Any change in use defined by Hillsdale Zoning Code or New Jersey Uniform Construction Code.
CODE ENFORCEMENT OFFICIAL
A person who has to be appointed by the Mayor and Council to enforce the municipal ordinances of Hillsdale.
RESIDENTIAL CONTINUING CERTIFICATE OF INSPECTION
A certificate issued by the Enforcement Code Official to indicate that all the conditions outlined herein for continued residential use or occupancy have been met.
USE
As defined by the Hillsdale Zoning Code and the New Jersey Uniform Construction Code.
C. 
Residential certificate required; responsibility of owners. No person shall occupy, rent, lease, transfer title, or inhabit as a tenant or tenants or occupy as a new owner of any residential use unless and until the current owner has applied for and secured a CCI from the Building Department of the Borough of Hillsdale. The owner, landlord or agent of all residential premises shall be responsible for notification to the Hillsdale Building Department of pendency of any new tenancy or ownership and for obtaining the required certificate of continued occupancy.
D. 
Conditions. A Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance (CSDCMAC) and Residential Fire Extinguisher Compliance for One and Two-Family Dwellings shall be issued by the Hillsdale Fire Prevention Bureau before a CCI may be issued. Proper installation and placement of all smoke detectors, carbon monoxide alarms and fire extinguishers are required before a CCI shall be issued as per the NJ Uniform Fire Code. An inspection shall be conducted by the Code Enforcement Official or his designee to ensure that there are no violations of law or orders of the Code Enforcement Official pending and it is established after inspection and investigation of available municipal records that the alleged use of the building and structure has lawfully existed. The inspection shall also ensure that the sump pump, if any, is redirected out of sanitary sources. Any construction work for which a Uniform Construction Code permit was issued shall be inspected and closed.
E. 
Application. The current owner, landlord or agent of any residential premises, about to be sold or newly occupied, as indicated, shall apply on forms provided by the Hillsdale Building Department for a CCI. All information requested shall be provided to be a complete application. Upon receipt and review of said complete application by the Code Enforcement Official or his/her designee, shall, within 10 days, either issue a CCI or a written report of the reason for denial.
F. 
Temporary continuing certificate of inspection. A temporary CCI may be issued at the request of the current owner with money held in escrow as established to cover any and all requested conditions for a permanent CCI. Escrow monies will be held in accounts of attorneys of record, as agreed. The term of temporary certificate will not exceed 90 days unless extenuating circumstances can be shown or no occupancy may take place during the term and the temporary CCI.
G. 
Enforcement. The Code Enforcement Official or his/her designee shall enforce the provisions of this section.
H. 
Fees. A nonrefundable fee is required at time of application for inspection to be scheduled and a certificate to be issued as specified in Chapter 138, Fees and Deposits.
I. 
Violations and Penalties. Any person or entity that violates any of the provisions of this section, upon conviction therefor, shall be subject to a penalty as set forth in Chapter 226, Penalties, of this Code.
Except as hereinafter expressly provided, no certificate of use and occupancy shall be issued for any new building, for any addition or alteration to an existing building or for any change in use of a building unless the building and its appurtenances conform in all respects to an approved site plan or an approved amendment to an approved site plan.
Notwithstanding the provisions of §§ 310-21 and 310-23, no site plan approval shall be required prior to the issuance of a zoning permit or a certificate of use and occupancy for any building or addition if such building or addition is used or to be used solely as a single- or two-family dwelling or as an accessory thereto.
It shall be the duty of the Land Use Officer to keep a record of all applications for permits and certificates of use and occupancy which he or she countersigns, together with a notation of all special conditions involved. He or she shall file and safely keep copies of all plans and applications submitted. They shall form a part of the records of his or her office and shall be available for the use of the Borough Council and of other officials of the Borough of Hillsdale. The Land Use Officer shall prepare monthly reports for the Borough Council summarizing all permits issued and certificates countersigned, all complaints of violations and the action taken thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.
[Amended 5-13-1997by Ord. No. 97-8]
The certificate as to approval of subdivision of land as set forth in N.J.S.A. 40:55D-56 et seq. shall be issued by the Secretary of the Planning Board upon proper application accompanied by payment of a fee as provided in Chapter 138, Fees, for each certificate.