[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 3-2-2004 by Ord. No. 1254. Amendments noted where
applicable.]
[Amended 6-23-2020 by Ord. No. 1614-20]
A.
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 Code Official, or his designee, in accordance with the
requirements of this section.
B.
Application for a certificate of occupancy on a form furnished by
the Construction Code 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.
C.
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 Code Official
within 10 days after receipt of a written application therefor. If
a certificate of occupancy is denied, the Construction Code Official
shall state the reasons in writing.
D.
An application for a residential certificate of occupancy or temporary
certificate of occupancy shall be accompanied by a fee of $150. Commercial
certificates shall be accompanied by a fee of $250. Copies of such
certificate will be made available upon payment of $10 per copy.
E.
If inspection fails, a reinspection fee of $45 is required.
F.
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.
G.
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.
H.
A certificate of occupancy shall be required for all nonconforming
uses.
I.
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 Code Official:
A.
A key map showing the general locations of the site.
B.
A map drawn at a minimum scale of one inch equals
100 feet.
C.
The location of that portion which is to be subdivided
in relation to the entire tract.
D.
The name and addresses of the applicant and the property
owner.
E.
The Tax Map sheet, block and lot number.
F.
Zoning boundaries and a schedule indicating required
bulk regulations and requested variances.
G.
The title and date of the plan, revision box and North
arrow.
H.
All existing structures, topography and wooded areas
within the portion to be subdivided and within 200 feet thereof.
I.
The names of the owners and lot and block numbers
of all adjoining property.
J.
The name and New Jersey license number of the land
surveyor preparing the plat.
A.
No certificate of occupancy for any dwelling or other
building or structure on any lot shall be issued by the Construction
Code 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 Land Use 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 Land Use Board
of the Borough, and in accordance with the agreements with the Borough.
B.
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
Code 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 Code Official shall not issue his certificate
of occupancy until he has all other certificates of approval. In addition,
the Construction Code 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.
A.
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.
B.
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
approval, as owner or agent, any land which forms a part of a 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In addition, the Borough may institute and maintain
a civil action:
(1)
For injunctive relief;
(2)
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 Land Use Board and has adopted, by ordinance, standards and
procedures in accordance with N.J.S.A. 40:55D-38.
D.
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.