If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
any land which forms a part of a subdivision for which municipal approval
is required by this chapter, such person shall be subject to a penalty
not to exceed $1,000, and each lot disposition so made shall be deemed
to be a separate violation of this chapter.
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of subdivision approval has not been issued pursuant to §
230-131 of this chapter.
In any such action as described in §
230-129 above, 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 as well as reasonable costs for the title search, survey expenses and title closing expenses, 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 it has not been recorded.
[Amended 6-24-2019 by Ord. No. 2019-15]
Except for agricultural uses, it shall be unlawful for any person,
corporation or agent to construct, move, alter or change the use of
any building or use of any land without first applying for a construction
permit, a zoning permit, or both, as may be applicable. The provisions
of this chapter shall be administered and enforced by the Construction
Code Official, except that the Zoning Officer of the Township of Delaware
shall have jurisdiction with respect to issues of use and zoning.
In no case shall a construction permit be granted for the construction
or alteration of any building where the proposed construction, alteration
or use thereof would be in violation of any provision of this chapter.
It shall be the duty of the Construction Code Official, Zoning Officer
or his, her or their duly authorized assistants to cause any building
plans or premises to be inspected or examined and to order in writing
the remedying of any conditions found to exist in violation of any
provision of this chapter, and they shall have the right to enter
any building or premises during the daytime in the course of their
duties.
A. Applications for construction permits. Applications for construction
permits shall be made in the manner prescribed in the Construction
Code.
B. Applications
for zoning permits. Applications for zoning permits shall be made
to the Zoning Office as required by this chapter.
C. Construction and zoning permit records. It shall be the duty of the
Construction Code Official to keep a record of all applications for
construction and zoning permits and a record of all such permits issued,
with a notation of all special conditions involved. The Construction
Code Official shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records of the office and shall
be available for the use of the Township Committee and of other officials
of the Township of Delaware, the county and the state. The public
records shall not be removed except with the written consent of the
Construction Code Official. The Construction Code Official shall prepare
a monthly report for the Township Committee summarizing for that period
all construction and zoning permits and certificates of occupancy
issued by him/her and all complaints of violations and the action(s)
taken by him/her consequent thereto. A copy of each such report shall
be filed with the Township Tax Assessor at the time it is filed with
the Township Committee.
[Amended 6-24-2019 by Ord. No. 2019-15]
Except for agricultural uses, no building shall be used or changed
in use until a certificate of occupancy shall have been issued by
the Construction Code Official stating that the building or the proposed
use thereof complies with the provisions of this chapter. Any issues
involving a change of use or potential use/land use violations shall
be referred to the Zoning Officer for a determination prior to the
issuance of such certificate by the Construction Code Official.
A. Applications for certificates of occupancy. A certificate of occupancy,
either for the whole or a part of a building, shall be applied for
by the owner or his authorized agent coincident with the application
for a construction permit. Said certificate of occupancy shall be
issued within 10 days after the erection or structural alteration
of such building or part thereof shall have been completed in conformity
with the provisions of this chapter.
B. Denial of certificate of occupancy. In case the Construction Code
Official shall decline to issue a certificate of occupancy, his reasons
for doing so shall be stated on one copy of the application, and that
copy shall be returned to the applicant.
C. Issuance of certificate of occupancy/responsibility for violations.
A certificate of occupancy shall be issued to the owner or authorized
agent, who shall be held responsible for any violation of this chapter
found on the premises.
D. Exemptions. No certificate of occupancy shall be required for any
building legally existing at the time of the enactment of this chapter
except where the nature of the use or occupancy of said building has
been or will be changed.
E. Temporary certificates of occupancy. A temporary certificate of occupancy
may be issued if the Construction Code Official determines that the
building is sufficiently completed to insure the safety and health
of the occupants. A temporary certificate of occupancy shall not be
in force for more than six months and shall not be renewed.
F. Revocation of certificate of occupancy. Upon the serving of notice
of a violation of any of the provisions or requirements of this chapter
with respect to any building or land or use thereof, the certificate
of occupancy for such use shall thereupon, without further action,
be null and void. A new certificate of occupancy shall be required
for any further use of such building or land.
G. Certificate of occupancy records. A monthly report of all certificates
of occupancy issued shall be filed with the Tax Assessor. A record
of all certificates of occupancy issued shall be kept on file in the
office of the Construction Code Official, and copies shall be furnished
to any person having an ownership interest in the affected premises
or to the authorized agent of such owner.