Not less than 10 days prior to the scheduled Board hearing on
an application, the Engineer and Planner for the Planning Board or
Zoning Board of Adjustment, as the case may be, and any other City
official or consultant to which the application has been referred,
shall file a written report thereon with the appropriate Board Secretary,
setting forth their findings and determinations of conformance with
this chapter, as well as any applicable federal, state, county or
municipal law, ordinance, regulation, plan or program; and setting
forth any recommendations for modifications to the plans and/or recommended
conditions of approval, if any, necessary to bring such plans into
conformance with this chapter and/or any applicable federal, state,
county or municipal law, ordinance, regulation, plan or program; or
to eliminate or minimize any adverse effect of the proposed development
on those aspects of the public health, safety and general welfare
of the community for which such official or professional has special
responsibility. In addition to the Board Secretary, each official
or professional shall transmit his/her report to the applicant either
directly or through the applicant's professionals.
Whenever a developer submits an application for development
pursuant to this chapter which requires the approval of an agency
outside the provisions of this chapter, the responsible board shall
process the application as if no further approval was required, and
any approval granted shall be conditioned upon the approval of such
outside agency.
In addition to the approvals required by this chapter:
A. Development of a facility enumerated in N.J.S.A. 13:19-3c in the
coastal area described in N.J.S.A. 13:19-4 shall also file an application
for the appropriate permit from the New Jersey Department of Environmental
Protection.
B. Applications for development which disturbs 5,000 square feet or
more of land surface area shall receive a certification from the Atlantic
County Soil Conservation District pursuant to the Soil Erosion and
Sediment Control Act (N.J.S.A. 4:24-1 et seq.).
C. Applications for development which involves the design of a central
well water system shall obtain approval from the New Jersey Department
of Environmental Protection.
D. Applications for development which involves a sewerage disposal system
shall obtain approval from the Atlantic County Board of Health.
E. Any and all land use approvals, certifications, permits and/or like
and similar authorizations, issued with or without variance relief,
granted in accordance with this chapter by the Zoning Officer, Planning
Board or Zoning Board of Adjustment, as the case may be, shall be
and are expressly conditioned upon receipt of all necessary approvals,
certifications, permits and/or like and similar authorizations issued
by the County of Atlantic, the State of New Jersey and/or the federal
government, or any department of agency thereof.
[Amended 10-17-2016 by Ord. No. 18-2016]
A. Authority.
(1) The Construction Code Official or a duly authorized delegate shall have authority to issue certificates of occupancy as provided for herein; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and Chapter
119 (Construction Codes, Uniform) of the Pleasantville City Code.
(2) The Code Enforcement Officer or a duly authorized delegate shall have authority to issue occupancy permits as provided for herein; provided, however, that no such permit shall be issued except in accordance with the provisions of this section and Chapter
143 (Housing Standards) of the City Code.
B. Purpose. For the purposes of this chapter, the certificate of occupancy
provides a procedure for the inspection of completed premises to ensure
their compliance with this chapter and approved plans prior to commencement
of the use or occupancy, and the occupancy permit provides a procedure
for the ongoing inspection of dwelling units and nonresidential spaces
to ensure their continued compliance with this chapter and applicable
housing and other codes.
C. Certificates of occupancy. Unless a certificate of occupancy shall
have first been obtained certifying compliance with the provisions
of this chapter:
(1) No structure or addition thereto constructed, reconstructed, remodeled,
altered or moved after the effective date of this chapter shall be
occupied or used for any purpose.
(2) No land vacant on the effective date of this chapter shall be used
or occupied for any purpose.
(3) No use or occupancy of any land or structure shall be changed to
any other use or occupancy, whether or not construction, reconstruction,
remodeling, alteration or moving is involved.
(4) No home occupation or group family household shall be established.
D. Inspections.
(1) No dwelling unit shall be sold, rented, transferred, granted, leased,
let, mortgaged with right of occupancy, and the ownership or occupancy
thereof shall not be disposed of, in whole or in part, by any owner,
agent, agent of an owner, real estate agent or broker, firm, company,
partnership, corporation or person, or persons, whether nor not for
a consideration and whether such disposal or occupancy is temporary
or permanent, unless and until an inspection has been made by the
City's Code Enforcement Officer or designee for the purpose of determining
whether said dwelling unit is in violation of any of the applicable
laws of the City of Pleasantville, the State of New Jersey or the
United States of America, or any agency or instrumentality thereof
and a certificate of occupancy, temporary certificate of occupancy,
occupancy permit, or temporary occupancy permit shall have first been
obtained certifying compliance with the provisions of this chapter.
(2) For the purpose of selling, renting, transferring, granting, leasing, letting, mortgaging, without the right of occupancy and the ownership thereof shall be disposed of in whole or in part by any owner, agent, agent of an owner, real-estate agent or broker, firm, company, partnership, corporation. or person, or persons, whether or not for a consideration and whether such disposal is temporary or permanent unless and until an inspection has been made by the City's Code Enforcement Officer or designee for the purpose of determining whether said dwelling unit is in violation of any of the applicable laws of the City of Pleasantville, the State of New Jersey or the United States of America, or any agency or instrumentality thereof a certificate of occupancy or occupancy permit shall be obtained following the provisions outlined in Subsection
E(1) or
(2) of this chapter within a six-month time period. Extensions to the six-month time period may be granted for extenuating circumstances at the discretion of the City Code Enforcement Officer or designee.
(3) All businesses and nonresidential uses shall be inspected by the
Zoning Officer, Building Sub-Code Official and the Fire Official,
or their designees, for compliance with the Uniform Construction Code,
the Uniform Fire Code and this chapter.
E. Submission and processing of applications.
(1) Certificate of occupancy.
(a)
Where no zoning permit is required, applications for certificates of occupancy shall be submitted to the City's Construction Code Official in the same form as required for a zoning permit under §
300-34, except to the extent that requirements of said section are expressly waived by the Construction Code Official as not relevant or necessary to determine that all requirements of this chapter have been met in a particular case.
(b)
Where a zoning permit has been issued, application for a certificate
of occupancy shall be made by written notification to the Construction
Code Official that the structure or premises is ready for use and
occupancy.
(c)
In all cases involving any construction, reconstruction, remodeling,
alteration or moving of any building or structure, the application
shall be accompanied by as-built plans certified by a professional
land surveyor, engineer, architect, planner (all of which shall be
licensed in their respective fields by the State of New Jersey) or
owner-designer, as may be appropriate, to accurately depict the structure
or use as constructed and certified to be in conformity in all respects
with the provisions of this chapter and the terms and conditions of
all approvals granted pursuant to this chapter.
(d)
An application for a certificate of occupancy shall be made, in writing, to the Construction Code Official, shall be in such form and shall contain such information and documentation as is required by the Construction Code Official, and shall be accompanied by a nonrefundable application fee in accordance with §
300-9.
(e)
The Construction Code Official shall act on an application for
a certificate of occupancy within 30 days following receipt of a completed
application therefore by causing the subject structure or premises
to be inspected and taking one of the following actions based on such
inspection:
[1]
If all work has been completed and the structure or premises
is certified by the inspecting officer to be in full and complete
compliance with all the applicable provisions of this chapter and
other relevant codes and ordinances of the City and with the applicant's
plans, as approved, and with the terms and conditions of any special
approval issued with respect to such structure, premises or use, the
Construction Code Official shall issue a certificate of occupancy.
[2]
If all work has not been completed and the structure or premises
is not certified by the inspecting officer to be in full and complete
compliance with all the applicable provisions of this chapter and
other relevant codes and ordinances of the City and with the applicant's
plans, as approved, and with the terms and conditions of any special
approval issued with respect to such structure, premises or use, the
Construction Code Official shall inform the applicant, in writing,
of the specific reasons why such certificate cannot be issued, citing
the particular provisions of the codes and ordinances of the City,
the particular items in the applicant's plans or the applicable special
approval terms and conditions with respect to which compliance is
lacking. The applicant shall thereafter correct any deficiencies and
resubmit the request for the certificate of occupancy.
(2) Occupancy permits.
(a)
Applications for occupancy permits shall be made, in writing, to the City's Code Enforcement Officer in such form and under such procedures as may be established by the Code Enforcement Officer for this purpose, and shall be accompanied by a nonrefundable application fee in accordance with §
300-9.
(b)
Where no zoning permit is required, applications for occupancy
permits shall be submitted directly to the City's Code Enforcement
Officer.
(c)
Where a zoning permit is required, such permit must be obtained
before application for an occupancy permit may be granted.
(d)
The Code Enforcement Officer shall act on an application for
a residential occupancy permit within 10 days following receipt of
a completed application therefor by causing the subject structure
or premises to be inspected and taking one of the following actions
based on such inspection:
[1]
If no such violation is found, the Code Enforcement Officer,
or designee, shall issue an occupancy permit so indicating.
[2]
If a violation is found, the Code Enforcement Officer shall
inform the applicant, in writing, of the specific reasons why such
permit cannot be issued, citing the particular provisions of the codes
and ordinances of the City and the specific violations found. The
applicant shall thereafter correct any deficiencies and resubmit a
request for a certificate of occupancy or occupancy permit as directed
by the Code Enforcement Officer or designee.
(e)
Inspections for businesses and nonresidential occupancy permits
shall be made not less than once annually.
(3) Transfer of ownership permit.
(a)
Applications for transfer of ownership permits shall be made, in writing, to the City's Code Enforcement Officer in such form and under such procedures as may be established by the Code Enforcement Officer for this purpose, and shall be accompanied by a nonrefundable application fee in accordance with §
300-9.
(b)
The Code Enforcement Officer shall act on an application for
a transfer of ownership permit within 10 days following receipt of
a completed application therefor causing the subject structure or
premises to be inspected and taking one of the following actions based
on such inspection:
[1]
If no such violation is found, the Code Enforcement Officer,
or designee, shall issue a transfer of ownership permit so indicating.
[2]
If a violation is found, the Code Enforcement Officer shall inform the applicant, in writing, that a certificate of occupancy or occupancy permit shall be obtained by the applicant following the provisions outlined in Subsection
D(2), of this section.
F. Contents.
(1) Certificate of occupancy. In addition to the matters specified in Chapter
119 (Construction Codes, Uniform) of the Pleasantville City Code, each certificate of occupancy issued pursuant to this section shall state any conditions imposed by any special approval granted pursuant to this chapter.
(2) Occupancy permit.
(a)
All applications for occupancy permits for rental dwelling units
shall include:
[1]
The address of the premises;
[2]
The name, address and contact telephone number of the owner
of the premises. If the owner of said premises is a corporation or
entity other than an individual, such statement shall be made under
oath by the president or secretary of said corporation or by a principal
of such entity;
[3]
The name, address and contact telephone number of the superintendent
or the agent in charge of the premises;
[4]
The number of dwelling units therein;
[5]
A description, by number or letter, of each dwelling unit therein;
and
[6]
The name of the tenant located within each such described dwelling
unit on the date the statement was prepared.
(b)
At the time of inspection of each dwelling unit prior to the
issuance of an occupancy permit, the Code Enforcement Officer or designee
shall post in a conspicuous place in such premises a notice stating
the number of persons which shall be permitted to occupy each such
dwelling unit as a resident.
[1]
In no event shall residency in any such dwelling unit exceed
such posted number, whether by the landlord or the tenant.
[2]
For the purposes of determining residency, any person who sleeps
upon the premises or generally dwells therein for more than two successive
days or nights shall be considered to be residing therein.
(3) Transfer of ownership permit.
(a)
All applications for transfer of ownership permits for all dwelling
units and properties shall include:
[1]
A signed and notarized statement by the new proposed owner of the property attesting that they are responsible for abating outstanding code violations identified in the inspection made by the City's Code Enforcement Officer or designee as in response to the transfer of ownership application. All outstanding violations must be corrected by the due date on the transfer of ownership permit. Failure to correct identified and outstanding property maintenance violations by due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in §
300-8, Enforcement; violations and penalties, of Chapter
300, Land Management.
[2]
The address of the premises.
[3]
The name, address and contact telephone number of the owner
of the premises. If the owner of said premises is a corporation or
entity other than an individual, such statement shall be made under
oath by the president or secretary of said corporation or by a principal
of such entity.
[4]
The name, address and contact telephone number of the superintendent
or the agent in charge of the premises.
[5]
The number of dwelling units therein.
[6]
The name, address and contact telephone number of the proposed
new owner of the premises. If the proposed new owner of said premises
is a corporation or entity other than an individual, such statement
shall be made under oath by the president or secretary of said corporation
or by a principal of such entity.
[7]
Dwelling units upon inspection that have been found to have City of Pleasantville property maintenance violations shall include language on the transfer of ownership permit stating and confirming that the new owner or entity that the property is being transferred to; agrees that: the transfer of ownership permit is being issued for the exclusive and sole purpose of changing ownership. Upon inspection, this unit and/or property has been found to have City of Pleasantville Property Maintenance Code violations. The new proposed owner of the property is responsible for abating outstanding code violations. All outstanding violations must be corrected by the due date on the permit. Failure to correct identified and outstanding property maintenance violations by due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in §
300-8, Enforcement; violations and penalties, of Chapter
300, Land Management.
G. Temporary certificate of occupancy and temporary occupancy permits.
(1) Notwithstanding the provisions of §
300-43E(1)(c), where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified, upon inspection, to be safe for use or occupancy and to be in full compliance with all applicable provisions of this chapter, other relevant codes and ordinances of the City, the applicant's plans, as approved, and the terms and conditions of any special approvals issued with respect to such structure, premises or use, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate of occupancy shall bear on its face, in bold, capital letters, a statement of its temporary nature.
(2) In
the case of any occupancy permit to be issued for a dwelling unit,
found upon inspection safe for use or occupancy, deemed to be fit
for human habitation, and where conditions exist therein which are
not inherently dangerous to the health or safety of the unit's occupants
or of the residents of the City, a temporary occupancy permit may
be issued for a period not to exceed three months from its date, which
the temporary occupancy permit shall bear on its face, in bold, capital
letters, a statement of its temporary nature.
H. Filing of certificates of occupancy and occupancy permits. Duplicate
copies of all Certificates of occupancy and occupancy permits, numbered
consecutively, shall be kept on file in the office of the Construction
Code Official or Code Enforcement Officer, as the case may be, together
with such portions of the applications therefor as such official may
consider necessary to the proper administration of his duties as a
public record, open to inspection by interested parties at reasonable
times and upon reasonable notice.
I. Cooperation between offices.
(1) The Construction Code Official and Code Enforcement Officer shall,
on a daily basis, forward copies of all newly filed applications for
certificates of occupancy and occupancy permits to the Zoning Officer.
Should the Zoning Officer, upon review of any such application, observe
any problem, deficiency or special circumstances arising out of or
relating to the provisions of this chapter or any special approval
issued pursuant to it which requires attention prior to the issuance
of a certificate of occupancy or occupancy permit, he shall immediately
notify the Construction Code Official or Code Enforcement Officer
thereof.
(2) Should, during the course of the processing of any such application
by the Construction Code Official or Code Enforcement Officer, any
question arise concerning the full and complete compliance of the
structure, premises or use with the provisions of this chapter or
any approval issued pursuant to it, the officer shall promptly refer
such question to the Zoning Officer for his review and determination.
Upon taking any final action upon any application for a certificate
of occupancy or occupancy permit, the Construction Code Official or
Code Enforcement Officer shall immediately inform the Zoning Officer
thereof.