[HISTORY: Adopted by the Township Committee of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-22-1984 by Ord. No. 1725 (Ch. 92, Art. I, of the 1996 Township
Code)]
The Mayor and the Township Committee of the Township of Middletown
find as a fact that there exists a potential threat and danger to
the health, safety and welfare of the citizens of the Township of
Middletown in that new tenants of existing property and structures
in both commercial and industrial zones oftentimes conduct a business,
occupation or use differently from that of the business, occupation
or use previously inspected or originally inspected when an original
certificate of occupancy was granted, which new business, occupation
or use involves procedures, fabrications or the storage of materials
which present a fire, health or other danger. The Mayor and the Township
Committee recognize this potential danger and deem it desirable and
in the best interests of the citizens of this Township to correct
said problem and thus protect the health, safety and welfare of the
citizens of this Township.
From the effective date of this article, no premises or portion
of premises of a commercial or industrial property, whether in a commercial
or industrial zone or in a different zone by reason of a nonconforming
use, shall be relet, rerented or sold and thereafter occupied by a
new tenant or owner without the appropriate application for and issuance
of a certificate of occupancy.
A.
The new owner or tenant of the premises about to be newly occupied
or their respective agents shall apply to the Construction Official
of the Township of Middletown for a certificate of occupancy and shall
supply, as necessary information on said application, all facts relating
to the nature of the new owner's or tenant's business, occupation
or industry, the manufacturing or other processes involved and the
nature of all materials intended to be stored on the premises, to
be part of said premises or pertinent to said new business use or
occupation, with the form of application to be set by the Construction
Official.
B.
Within 10 business days of receipt of said application, the Construction
Official shall issue or deny the application after reviewing it and
inspecting the building or structure with the Fire Prevention Bureau
Fire Inspector, Health Officer and other subcode officials as deemed
necessary by the Construction Official to determine whether the premises
comply with all of the provisions of this article or any other ordinance
of this Township. If the building or structure, as intended to be
used, meets the requirements hereof, the Construction Official shall
forthwith issue a certificate of occupancy. If the building or structure
does not meet the requirements hereof, the Construction Official shall
notify the applicant of the details in which the building or structure
does not meet the requirements hereof. When such details have been
perfected, the applicant shall notify the Construction Official, in
writing, that the items have been corrected and reinspection shall
be made with the certificate of occupancy being issued or denied within
five business days of receipt of the notice of correction.
D.
The tax search officer shall provide notice of a certificate of occupancy
requirement on all issued tax searches.
The owner or owners of all commercial and industrial premises
shall be responsible, in addition to the perspective tenant, for notification
to the Construction Official of the pendency of any new tenancy or
ownership.
