[HISTORY: Adopted by the Township Committee of the Township of Franklin 10-13-2016 by Ord. No. 2016-10. Amendments noted where applicable.]
No building or structure shall be occupied in whole or in part prior to the issuance of a certificate of construction records clearance (CRC). A CRC shall be required prior to the sale of any residential or commercial structure and prior to the rental of any tenant space in a commercial structure within the Township.
The following transactions are exempt from obtaining a CRC as long as no change in physical occupancy occurs:
Transfer of title to correct a previously recorded deed.
Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:26A-4.
Transfer of title between husband and wife, whether or not relating to divorce, or between former spouses if the transfer is incident to an order or judgment from any court of competent jurisdiction.
Transfer of title relating to new construction for which a certificate of occupancy is required.
Transfer of title by or to an executor, administrator or court order which affects a distribution of a descendant's estate in accordance with the provisions of the descendant's will or the intestate laws of the state.
Transfer of title due to refinancing, home equity loans, or second mortgages.
Transfer of title by or to a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.
No owner shall permit the sale of a residential or commercial premises or rental of commercial premises covered under this section unless the requisite CRC has been issued. No purchaser or tenant shall occupy any premises covered under this section until the requisite CRC has been issued. Owners, tenants and occupants shall be jointly and separately responsible for failure to obtain the requisite CRC required hereunder. The owner or his authorized agent shall submit a written application and payment of fees at least 10 business days prior to the change of ownership and/or occupancy on the form provided by the Township.
Prior to the issuance of any such certificate for any transaction, the enforcing agency shall conduct a records inspection to ensure that there are no open construction permits on subject premises. Should there be open permits on subject premises, all final inspections and prior approvals shall be obtained, and appropriate Uniform Construction Code certificates shall be issued prior to issuance of the CRC.
The applicant shall submit with the application a fee for the CRC as follows to cover the administrative cost: $150.
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.
The issuance of a CRC shall not preclude the imposition of penalties upon subsequent discovery of violations.