Township of Moorestown, NJ Chapter 53 Certificate for Change in Occupancy/Ownership

[HISTORY: Adopted by the Township Council of the Township of Moorestown 12-11-1989 by Ord. No. 1504-89[1]; amended in its entirety 4-24-2022 by Ord. No. 5-2022. Subsequent amendments noted where applicable.]

[1] Editor's Note: The title of this chapter, formerly "Certificates of Continuing Occupancy," was amended 2-8-2021 by Ord. No. 2-2021.

§ 53-1 Findings and intent.

The Township of Moorestown finds that:

A. The reduction of the amount of extraneous flow to its sanitary sewer system is an important public concern and is necessary in order to comply with the New Jersey pollution discharge elimination system permit issued to the Township of Moorestown. A portion of this extraneous flow enters the sanitary sewer system via sump pumps, roof drains and other drainage devices connected directly or indirectly to the Township's sanitary sewer system. For the purpose of this chapter, a direct connection is one that is intentionally installed in a manner which allows extraneous flow to enter the sanitary sewer system by piping connected to the sanitary sewer lines from any building or lot. Indirect sanitary sewer connections are those which allow extraneous flow to enter via a device such as a sink or floor drain.

B. The inspection of and, where necessary, the replacement of water meters is in the best interest of the Township of Moorestown and the water ratepayers and promotes water conservation; and said inspection and replacement is most conveniently done at the time of property transfers.

C. The inspection of and, where necessary, the repair or replacement of sidewalks abutting a property is in the best interest of the Township of Moorestown to assure the continued safety of the public using said sidewalk area, and the time of property transfers is a convenient and appropriate time at which necessary repairs or replacements shall occur.

D. A review of the permit history of a property is in the best interest of the Township of Moorestown and future property owners to ensure that any outstanding construction permits have been closed out. The time a property transfers ownership is a convenient and appropriate occasion to verify that all work proposed to be performed following obtaining a permit has been inspected and passed all required inspections.

E. The encroachment by adjoining property owners onto Township-owned lands is an important concern since it can lead to loss of state funding or loss of property by adverse possession. Identification of encroachments, removal of current, and prevention of future, encroachments can be achieved by requiring the production of a current survey performed by a licensed land surveyor, with flagging of property corners, of any property that adjoins, abuts, or shares a boundary with Township-owned property at the time the adjoining property transfers ownership.

§ 53-2 Certificate for change in occupancy/ownership required.

The Township of Moorestown requires the seller of any property in the Township to obtain a certificate for change in occupancy/ownership prior to the real estate closing to ensure that:

A. Extraneous flow is not entering the sanitary sewer system.

B. The water meter is functioning properly and accurately records the water usage of the property.

C. The sidewalks are free of any trip hazards and not in a hazardous condition.

D. There are no outstanding permits from the construction office; any improvements to the property have been inspected and the improvements have passed all required inspections so that the permits can be closed out.

E. Township-owned lands have not been encroached upon by the owner or occupier of an adjacent property.

§ 53-3 Procedure.

A. An inspection of the property shall be conducted by a representative of the Township before a certificate for change in occupancy/ownership is issued. It shall be the responsibility of the property owner to schedule an inspection with the Department of Public Works.

B. The owner of property that adjoins any Township-owned property shall be required to provide a recent survey (dated no more than 90 days prior) to the Director of the Department of Community Development, or the Director's designee, for examination. Any flags installed by the surveyor when completing the survey shall remain in place and not be disturbed until the real estate closing. In the event the survey discloses an encroachment onto adjacent Township-owned property, an inspection of the property shall be conducted by a Township representative to determine the extent of the encroachment.

§ 53-4 Standards for issuance.

A. The following standards shall apply to the issuance of a certificate of change in ownership/occupancy:

(1) In the event the inspection reveals that sump pumps, roof drains and/or any other drainage devices are connected directly or indirectly to the Township's sanitary sewer system, such extraneous flow connections shall be permanently disconnected from the Township's sanitary sewer system in a manner approved by the Director of Public Works or the Director's designee

(2) In the event the inspection reveals that the water meter is deemed in need of replacement in the sole opinion of the inspector, the Township shall replace the water meter. In cases where modifications to the existing plumbing are necessary to permit replacement of the water meter, the owner shall promptly arrange for a licensed plumber to make said modifications at the owner's own cost and expense.

(3) In the event the inspection reveals the sidewalk is in need of repair or replacement due to tripping hazards or due to other hazardous condition, the owner must perform such repairs or replacement as are deemed necessary by the inspector.

(4) In the event a search of the permit history reveals the existence of any open permits, the owner must close out any such open permits.

(5) In the event there is an encroachment onto adjacent Township-owned property, the owner shall remove the encroachment and restore any damage resulting from the removal of the encroachment.

B. The Township shall issue a certificate for change in ownership/occupancy only after all of the above standards have been met. A certificate shall be valid for a period of 60 days once issued. In the event the closing of the property does not occur within 60 days of the certificate's issuance, a new certification shall be required.

§ 53-5 Temporary certificates.

A temporary certificate for change of ownership/occupancy shall be permitted to be issued in only the following circumstances:

A. In the event weather conditions or other compelling justification exists that prevents the repair or replacement of the sidewalk prior to closing, a temporary certificate for change in occupancy/ownership may be issued provided a sufficient sum, determined in the sole discretion of the Director of Public Works, or the Director's designee, is set aside in escrow to guarantee the completion of said work after closing. A temporary certificate issued pursuant to this subsection shall only be valid for a period of 90 days, unless extended in the sole discretion of the Director of Public Works, or the Director's designee. Upon inspection and approval by the Department of Public Works of the repair or replacement, the escrow shall be released to the one who posted the escrow. In the event the repair or replacement is not completed within 90 days, or any extended period, the Township may request that the escrow be paid to the Township to allow the Township to make such repair and/or replacement as is deemed necessary.

B. In the event any encroachment onto Township-owned property is of such a magnitude that it cannot reasonably be removed prior to closing, a temporary certificate for change in occupancy/ownership may be issued provided a sufficient sum, determined in the sole discretion of the Township Manager, or the Manager's designee, is set aside in escrow to guarantee the removal of the encroachment and restoration of any damage resulting from the removal of the encroachment. A temporary certificate issued pursuant to this subsection shall only be valid for a period of 90 days, unless extended in the sole discretion of the Township Manager, or the Manager's designee. Upon inspection and approval by a Township representative of the removal of the encroachment and restoration of any damage, the escrow shall be released to the one who posted the escrow. In the event the removal of the encroachment and restoration of any damage is not completed within 90 days, or any extended, period, the Township may request that the escrow be paid to the Township to allow the Township to remove the encroachment and restore any damage resulting from the removal of the encroachment.

§ 53-6 Fees.

The following schedule of fees, which shall be noted on the tax search and collected at the time of closing, are hereby established for the certificate for change in occupancy/ownership inspection:

A. For all residential and commercial properties: $75.

B. For second floor condominium properties: $50.