[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:
A.
Transfer of title to correct a previously recorded deed.
B.
Title eligible to be recorded as an ancient deed pursuant to N.J.S.A.
46:26A-4.
C.
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.
D.
Transfer of title relating to new construction for which a certificate
of occupancy is required.
E.
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.
F.
Transfer of title due to refinancing, home equity loans, or second
mortgages.
G.
Transfer of title by or to a receiver, trustee in bankruptcy or liquidation,
or assignee for the benefit of creditors.
H.
Residential rentals.
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.
A.
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.
B.
The issuance of a CRC shall not preclude the imposition of penalties
upon subsequent discovery of violations.
