Administrative officials. It shall be the duty
of the construction code officials to administer and enforce the provisions
of this chapter. No structure shall be erected until a building permit
is obtained from the construction code officials, and no structure
or lot shall be used in violation of this chapter. It shall be the
duty of the construction code officials to keep a record of all applications
and all building permits which are either issued or denied, with notations
of any conditions involved which data shall form a part of the borough
public records. A monthly report of building permits issued shall
be filed with the Tax Assessor. It shall be the duty of the construction
code officials to inspect the structures and land in the borough and
order the owner, in writing, to remedy any condition found to exist
in violation of any provisions of this chapter.
A.
It shall be unlawful to construct, enlarge, alter
or demolish a structure or change the occupancy of a building or structure
requiring greater strength, exitway or sanitary provisions or to change
to a different use group, or to install or alter any equipment for
which provision is made or the installation of which is regulated
by these regulations, without first filing an application with the
Construction Official, in writing, and obtaining the required permit
therefor.
A.
The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building or structure and such additional information
as may be required by the Construction Code Official, which shall
include but not be limited to the following:
(1)
The name and address of the owner. Where the owner
is not a resident of the state, he shall designate a resident as agent
for the purpose of service of any notices or orders which may be necessary.
Such address shall not be limited to a post office box but shall specify
a physical location where such owner or agent may be found during
normal business hours. Where the owner is a corporation, partnership
or other business entity, the application shall indicate the names
and addresses of the officers or other responsible persons upon whom
service may be made.
(2)
The street address and lot and block number of the
property upon which the building or structure is proposed to be erected.
(3)
A description of the proposed work, including the
use group classification, proposed construction type, lot ground coverage
in square feet, total floor area in square feet, total building or
structure volume in cubic feet, the total number of plumbing fixtures,
the total number of electrical fixtures, outlets and major appliances,
a description of the type of heating system, the source of water supply,
the mode of sanitary waste disposal and a listing of any special,
unusual or hazardous facilities proposed for inclusion in the building
or structure.
(4)
The estimated cost of the work for which a permit
is sought, including but not limited to building construction, on-site
construction and all integral equipment, built-in furnishings and
finishes. Where any material or labor proposed for installation in
the building or structure is furnished or provided at no cost, its
normal or usual cost shall be included in the estimated cost.
(5)
A statement that all required state, county and local
prior approvals have been given, including such certification as the
Construction Code Official may require.
B.
In addition, the following information shall be required
on any application for construction permit when such information is
available, but not later than the commencement of work:
(1)
The name and addresses of all contractors engaged
or planned for engagement by the owner in the prosecution of the work.
(2)
The name and license number of the contractor or subcontractor
for plumbing and for electrical work where such work is proposed.
(3)
The name and address of the responsible person who
will be in charge of the work and who is responsible to the owner
for ensuring that all work is installed and completed in conformity
with the regulations. The person may be the design architect or engineer,
the contractor or a third party acceptable to the Construction Code
Official.
(4)
In the event of any change of contractor or person
in charge of work, such change shall be filed as an amendment to the
application.
C.
A separate application and permit shall be required
for each building.
D.
Application for a permit shall be made by the owner
or his agent, a licensed engineer, architect or plumbing, electrical
or other contractor employed in connection with the proposed work.
If the application is by a person other than the owner in fee, it
shall be accompanied by an affidavit of the owner or the authorized
person making the application that the proposed work is authorized
by the owner in fee and that the applicant is authorized to make such
application.
E.
Plans; plan review; plan approval.
(1)
Plans and specifications. The application for the
permit shall be accompanied by three copies of specifications and
of plans drawn to scale, with sufficient clarity and detail dimensions
to show the nature and character of the work to be performed. Plans
submitted shall only be required to show such detail and include such
information as shall be reasonably necessary to assure compliance
with the requirements of this chapter. When quality of materials is
essential for conformity to these regulations, specific information
shall be given to establish such quality; and this chapter shall not
be cited, or the term "legal" or its equivalent be used, as a substitute
for specific information.
(2)
Architect's or engineer's seal. The seal and signature
of the registered architect or licensed engineer who prepared the
plans shall be affixed to each sheet of each copy of the plans submitted
and on the first or title sheet of the specifications and any additional
supportive information submitted. The Construction Code Official shall
waive the requirement for sealed plans in the case of a single-family
home owner who had prepared his own plans for the construction, alteration
or repair of a structure used or intended to be used exclusively as
his private residence and to be constructed by himself, provided that
the owner shall submit an affidavit attesting to the fact that he
has prepared the plans; and provided, further, that said plans are,
in the opinion of the Construction Code Official and appropriate subcode
official, legible and complete for the purposes of ensuring compliance
with these regulations.
(3)
The Construction Code Official, upon the advice of
the appropriate subcode official, may waive the requirement for plans
when the work is of a minor nature.
(4)
Examination of plans. All plans submitted and any
amendments thereto accompanied by the required documentation and application,
upon payment of the fee established by the borough, shall be numbered,
docketed and examined promptly after their submission for compliance
with the provisions of the regulations.
A building permit shall be granted or denied
within 10 days from the date of a complete application unless additional
time is agreed upon, in writing, by the applicant. One copy of such
plans shall be returned to the owner when such plans shall have been
approved or denied by the Construction Code Official, together with
such permit as may be granted. All dimensions shown on these plans
relating to the location and size of the lot to be built upon shall
be based on an actual survey of the lot by a licensed land surveyor
in the State of New Jersey. The lot and the location of the structures
thereon shall be staked out on the grounds before construction is
started. No building permit shall be issued for any new structure
located in a subdivision unless that subdivision is duly approved
by the Planning Board in accordance with the provisions of the Borough
Land Subdivision and Site Plan Ordinance.[1]
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
No building or structure shall be occupied or used
in whole or in part unless and until a certificate of zoning compliance
has been issued by the Construction Official. The Construction Official
shall not issue such certificate unless he determines, after inspection,
that there are no violations of any applicable laws, ordinances or
orders pending at the time of issuing the certificate. The certificate
shall be issued upon written request from the owner or his authorized
agent.
B.
A certificate of zoning compliance shall be applied
for and obtained prior to the use or occupancy of the whole or any
part of any building:
C.
Upon receiving an application for a certificate of
zoning compliance, the Construction Official shall make an inspection
of the building or part thereof for which the certificate is requested
and shall forthwith issue the certificate of zoning compliance if
the building or alteration has been completed and if the use and occupancy
thereof shall be in conformity with the Revised Ordinances of Rutherford
or other applicable ordinances of the borough and if the building
is safe and does not constitute a nuisance or hazard likely to result
in injuries to persons or damages to property. In case the Construction
Official shall decline to issue a certificate of zoning compliance,
his reasons for doing so shall be stated to the applicant, and a written
statement thereof shall be transmitted to the applicant on request.
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
Notwithstanding § 131-44A or C above, the Construction Official shall, after appropriate application and inspection as described in § 131-44C above, issue a conditional certificate of zoning compliance for one-family and two-family detached dwellings and one-family attached dwellings in instances where title to that dwelling is being transferred if:
(1)
The party acquiring title certifies under oath that
a binding contract exists between that person and the current owner
of the dwelling and that failure to complete the transaction prior
to correction of any violations and issuance of an unconditional certificate
of zoning compliance will result in financial hardship; and
B.
A conditional certificate of zoning compliance shall:
C.
No conditional certificate of zoning compliance shall
be issued unless the person acquiring title to the property shall
countersign a copy of the conditional certificate acknowledging the
conditions which need correction; permitting the Construction Official
or his designee to inspect the property upon reasonable notice; and
acknowledging that failure to satisfy the conditions within the time
provided may, in the discretion of the Construction Official, result
in the filing of such enforcement action as the Construction Official
deems appropriate, including the filing of a complaint with the Municipal
Court.
D.
No conditional certificate of zoning compliance shall
be issued unless the dwelling may be occupied safely prior to full
correction of any violations without endangering life or public welfare.
[Amended 12-13-2021 by Ord. No. 3587-21]
Notwithstanding § 131-44A or C above, in instances where title to one-family and two-family detached dwellings and one-family attached dwellings is being transferred, the Construction Official shall, after the appropriate application and inspection described in § 131-44C above, defer the requirement that a certificate of zoning compliance issue if:
A.
The person acquiring title certifies under oath that
no person will use or occupy the dwelling for any purpose except to
perform necessary repairs until all violations are corrected; and
B.
The person acquiring title shall countersign the writing
in which the deferral shall be granted acknowledging that:
(1)
No person shall use or occupy the dwelling for any
purpose except to perform necessary repairs until all violations are
corrected;
(3)
He is aware of the violations noted on the inspection
report prepared by the Construction Official or his designee;
(4)
He permits the Construction Official or his designee
to inspect the property upon reasonable notice;
(5)
The person acquiring title shall report the progress
of repairs to the Construction Official at such reasonable intervals
as the Construction Official shall determine on the status of necessary
repairs; and
(6)
Failure to file the appropriate report or occupancy
of the premises in violation of this section may, in the discretion
of the Construction Official, result in such enforcement action as
the Construction Official deems appropriate, including the filing
of a complaint with the Municipal Court.
[Amended 12-13-2021 by Ord. No. 3587-21]
Issuance of a conditional certificate of zoning compliance pursuant to § 131-45 or deferral of the certificate of zoning compliance requirement pursuant to § 131-46 shall not affect the right of the Construction Official to take such enforcement action as he deems appropriate for violations of law or any ordinance.
[Amended 12-13-2021 by Ord. No. 3587-21]
A.
A certificate of zoning compliance shall be issued
to any person having a proprietary or tenancy interest who shall be
held responsible for any violations on the premises. A record of all
certificates shall be kept on file by the Construction Official, and
copies shall be furnished to any person having a proprietary or tenancy
interest in the building affected.
B.
Fees for each original certificate of zoning compliance shall be as stipulated in Chapter 22, Construction Codes, Uniform, of the Borough of Rutherford Code.
C.
A monthly report of each certificate of zoning compliance
and conditional certificate of zoning compliance and each deferral
of the requirement issued shall be filed with the Tax Assessor and
the Mayor and Council. A record of all such items shall be kept in
the office of the Construction Official.
