[HISTORY: Adopted by the Township Committee of the Township
of Wyckoff as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-2012 by Ord. No. 1685; amended in its entirety 8-22-2017 by Ord. No. 1840]
As used in this article, the following terms shall have the
meanings indicated:
A document certifying that a general inspection of the visible
parts of the building has been made and there are no apparent violations
of regulations.
A certificate of approval for resale shall be required upon
the following occurrences:
The following transactions are exempt from obtaining a certificate
of approval for resale:
The applicant shall apply for a certificate of approval of resale
on the form provided by the Township of Wyckoff. A record of all certificates
shall be kept on file at the office of the Construction Official,
and copies shall be furnished upon request to any person having proprietary
or tenancy interests in the building affected.
[Amended 8-17-2021 by Ord. No. 1946]
The following fees shall be charged for the issuance of a certificate
of approval for resale and shall be based upon the amount of time
remaining before the change of occupancy is expected as follows:
A.
Multifamily dwellings of three or more units: $75 each unit.
B.
One- and two-family dwellings: The application fee for a certificate of approval for resale as required before the change of occupant except as noted in § 94-3, Exceptions, is as follows:
(1)
Requests for certificate of approval for resale received more than
ten (10) business days prior to the change of occupancy: $160.
(2)
Requests for certificate of approval for resale received four (4)
to ten (10) business days prior to the change of occupancy: $240.
(3)
Requests for certificate of approval for resale received fewer than
four (4) business days prior to the change of occupant: $300.
C.
Nonresidential buildings: $160 each tenancy.
D.
Reinspection fee: $75.
All certificates of approval of resale shall be issued or denied
within 10 days of filing of the application. A certificate of approval
for resale shall be deemed valid for 120 days from the date of issuance.
If a certificate of approval for resale is denied, the Construction
Official shall state the reasons for the denial.
An appeal of denial must be filed within 10 calendar days of
the denial. Such appeal shall be filed with the Board of Adjustment
if the basis of the denial involves violation or interpretation of
the Zoning Code. If the basis of the denial involves a violation of
the Uniform Construction Code, the appeal shall be taken to the Bergen
County Construction Board of Appeal. If the basis of the denial involves
a violation of the Health Code, the appeal shall be filed with the
Board of Health.
The applicant shall permit the building to be inspected by the
following Township Officials: Construction Official, who shall be
responsible for the inspection and who can recommend further inspection
by the construction subcode officials, Tax Assessor, Water Department
and Board of Health. Refusal to permit one or more inspections shall
result in the denial of the application. In addition to determining
that the premises is in compliance with the property maintenance and
zoning codes and all other applicable municipal ordinances and state
law, a certificate of approval for resale inspection shall include
a determination of compliance with the following:
A.
Installation and existence of smoke and carbon monoxide detectors;
B.
Existence of handrails for all stairways having three or more risers;
C.
Discharge of sump pumps, proven to not be discharged into sanitary
sewer.
D.
All open construction permits are to be closed;
E.
All newly installed items and improvements such as furnaces, hot
water heater, roof, siding, finished basement, kitchen and bath renovations
and electrical and plumbing work have all received the necessary and
required permits;
F.
Sidewalks and driveways in public right-of-way are maintained in
good quality condition;
G.
Existence of house numbers visible from the street;
H.
General compliance with the provisions of the Township's property
maintenance code; and
I.
A township property not serviced by municipal sewer is required to
have had the septic system tested and the septic report received and
reviewed by the Construction Official, Township Engineer and Board
of Health. In the event a cesspool is found on the property, the owner/agent
of the property shall comply with N.J.S.A. 7:9A-3.16.
The responsibility for obtaining a certificate of approval for
resale rests with the current owner of the property. No owner shall
permit the occurrence of any event requiring a certificate of approval
for resale under this section until the requisite certificate has
been issued.
Owners, tenants and occupants shall be jointly and separately
responsible for failure to obtain the requisite certificate and shall
be subject to a fine up to $500 for every violation of this article,
payable through the Violations Bureau.
To assist in the enforcement of this article, a notice shall
be included on all tax searches and added assessment searches prepared
by the Tax Collector of the Township of Wyckoff, stating that a certificate
of approval for resale is required for a change in use and/or occupancy,
sale or the vacation of any building or portion thereof within the
Township of Wyckoff; provided, however, that a failure to affix such
notice shall not constitute a defense for the failure to obtain a
certificate of approval for resale in violation of this article.
