[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 3-2-2004 by Ord. No. 1254. Amendments noted where applicable.]
It shall be unlawful to occupy or use any building which has been erected, structurally altered, moved or changed in use until such time as a certificate of occupancy has been issued by the municipal Construction Official, or his designee, in accordance with the requirements of this section.
Application for a certificate of occupancy on a form furnished by the Construction Official for a new building, or for an existing building which has been altered, shall be made after the erection of the building, or part thereof, has been completed in conformity with the provisions of all municipal and state building codes and, in the case of a new building or where an existing building has been modified so as to change the footprint, the application shall be accompanied by an accurate survey prepared by a land surveyor licensed by the State of New Jersey showing the location of all buildings as built. The certificates shall be issued within 10 days after receipt of the application, but only provided that all requirements of this section and of all other applicable codes and ordinances in effect are complied with.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land, or for a change of use of a nonconforming use, shall be issued by the Construction Official within 10 days after receipt of a written application therefore. If a certificate of occupancy is denied, the Construction Official shall state the reasons in writing.
An application for a residential certificate of occupancy or temporary certificate of occupancy shall be accompanied by a fee of $50. Commercial certificates shall be accompanied by a fee of $100. Copies of such certificate will be made available upon payment of $2 per copy.
Every application for a certificate of occupancy shall state that the building, or the proposed use of a building or land, complies with all applicable provisions of this chapter.
A certificate of occupancy shall be required for both initial and continued occupancy, and use of the building or land to which it applies, as certified.
A certificate of occupancy shall be required for all nonconforming uses.
The certificate shall specify each condition or use not conforming to this chapter.
The as-built survey required by this section shall meet all of the following requirements and shall contain all of the following information, unless one or more of the requirements is waived by the Construction Official:
A key map showing the general locations of the site.
A map drawn at a minimum scale of one inch equals 100 feet.
The location of that portion which is to be subdivided in relation to the entire tract.
The name and addresses of the applicant and the property owner.
The Tax Map sheet, block and lot number.
Zoning boundaries and a schedule indicating required bulk regulations and requested variances.
The title and date of the plan, revision box and North arrow.
All existing structures, topography and wooded areas within the portion to be subdivided and within 200 feet thereof.
The names of the owners and lot and block numbers of all adjoining property.
The name and New Jersey license number of the land surveyor preparing the plat.
No certificate of occupancy for any dwelling or other building or structure on any lot shall be issued by the Construction Official unless and until the street upon which said lot abuts has been improved to the point where all utilities are installed and in place, curbing and sidewalks have been installed and the street has been installed in accordance with the specifications of the Borough, including the completion of drains, drainage structures and all other work and improvements required by the Planning Board of the Borough, the Borough Engineer and the Mayor and Council of the Borough, in accordance with the plans approved and filed with the Planning Board of the Borough, and in accordance with the agreements with the Borough.
In cases where the topography or other conditions of the land require a substantial amount of fill to be settled and consolidated before construction of the street and the installation of utilities can be undertaken, the Mayor and Council, upon application, may waive the requirements contained in this section as to any such street or part thereof so affected.
There shall be submitted to the Construction Official of the Borough, prior to or at the time of application to him for a certificate of occupancy, all other certificates of approval which are required, such as approval for electrical work, heating work, etc. The Construction Official shall not issue his certificate of occupancy until he has all other certificates of approval. In addition, the Construction Official shall not issue a certificate of occupancy until such time as he has determined that all real property taxes for the premises have been paid to date.
Any person who violates any of the provisions of this chapter or who fails to comply with any of the requirement thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be liable to a fine of not more than $1,000 or to imprisonment for a term of not more than 90 days, or both, as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.
If before final subdivision approval any person as owner or agent transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision for which municipal approval is required, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
In addition, the Borough may institute and maintain a civil action:
For injunctive relief;
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of occupancy has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted, by ordinance, standards and procedures in accordance with N.J.S.A. 40:55D-38.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years, if unrecorded.