[Ord. No. 96/4 § 13-100]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. If an applicant can clearly
demonstrate that, because of peculiar conditions pertaining to the
land, the literal enforcement of one (1) or more of the regulations
within this chapter is impracticable or will exact undue hardship,
the appropriate municipal agency may permit one (1) or more exceptions
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
[Ord. No. 96/4 § 13-101]
For any and every violation of the provisions of this chapter,
the owner, contractor or other person or persons interested as lessee,
tenants or otherwise, in any building or premises where such violations
have been committed or shall exist, and who refuses to abate such
violation within five (5) days after written notice has been served,
either by registered mail or by personal service, shall be subject
to a fine.
[Ord. No. 96/4 § 13-102]
a.
A certificate of occupancy issued by the Construction Official is
required for both initial occupancy and the continued occupancy and
use of the building or land to which it applies, as follows:
1.
Occupancy and use of a building erected, reconstructed, restored,
altered or moved or any change in use of an existing building.
2.
Occupancy, use or any change in use of vacant land, other than agriculture.
3.
Any change in use of a nonconforming use.
4.
Occupancy and use of any enlargement to an existing structure.
b.
A certificate of occupancy shall be issued only when:
1.
The structure or part(s) thereof and the proposed use of the structure(s)
and land conform to this chapter and all other applicable codes and
ordinances of the Township;
2.
Prior conditional use, site plan, subdivision and variance approvals
have been granted by the appropriate municipal agency in accordance
with the provisions of this chapter and the proposed structure or
part(s) thereof and the proposed use of the structure(s) and land
comply with all conditions and requirements imposed as part of such
approvals;
3.
All local taxes and assessments on the property have been paid; and
4.
A letter from each utility company has been received by the Township,
stating that the utility has been inspected and installed in accordance
with the approved plan and is ready for use.
c.
A fee shall be charged for each certificate of occupancy in accordance
with the Fee Ordinance of Hardwick Township.
d.
A certificate of occupancy shall be granted or denied, in writing,
within twenty (20) days from the date that a written notification
is filed with the Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant,
in writing. If the application is denied, the Construction Official
shall state the reason for such denial on two (2) copies of the application
and return one (1) copy to the applicant.
e.
In any subdivision or site plan that has received final approval,
a certificate of occupancy shall be issued only upon completion of
such portion of the following improvements as may be deemed by the
Township Engineer to be needed to serve the premises offered for occupancy:
f.
With respect to any individual residential lot within a subdivision,
a certificate of occupancy shall be issued only upon the completion
of the following improvements, in addition to those listed hereinabove,
to the extent that the same are required as part of a subdivision
or site plan approval or as required by the Township Engineer for
an individual residential lot or dwelling unit:
g.
The Township Engineer shall submit a favorable report to the Township
Construction Code Official for the individual residential dwelling
unit prior to the issuance of a certificate of occupancy by the Township
Construction Code Official.
h.
A copy of any issued certificate of occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request.
i.
A temporary certificate of occupancy may be issued by the Construction
Official for any structure or use for which approval has been granted
although not all conditions of said approval have been complied with.
Such temporary certificate of occupancy shall be issued only in extenuating
circumstances and only subject to specific terms and conditions, including
but not limited to a timetable for achieving full compliance with
all such conditions for the completion of all required improvements
and the receipt of a performance guaranty assuring the installation
of the improvements as indicated on the approved plat or plan.
j.
No approval shall be issued for the framing of any modification or
alteration of existing construction where said modification or alteration
exceeds five hundred (500) square feet or for any new construction
until certification has been provided over the seal of a licensed
land surveyor that the finished floor elevation of the first floor
is at the elevation set forth in the approved plans for said premises.
[Ord. No. 96/4 § 13-103]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of or contrary to the provisions of this chapter,
the Township may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use. However, nothing in this chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
[Ord. No. 96/4 § 13-104]
a.
Any person, firm or corporation violating any provisions of this
chapter shall, upon conviction thereof by any court authorized by
law to hear and determine the matter, be fined such sum not exceeding
five hundred ($500.00) dollars, as such court, in its discretion,
may impose; or, if the party so convicted is a natural person, such
person may be imprisoned for such term not exceeding ninety (90) days,
as such Court in its discretion may impose, or be fined a sum not
exceeding five hundred ($500.00) dollars, as such Court in its discretion
may impose, or such natural person may be both imprisoned and fined
not exceeding the maximum limits set forth herein, as such Court in
its discretion may impose. Each day that such violation continues
beyond a ten (10) day period following written notice by the Construction
Official or the Zoning Officer served by certified or registered mail
or personal service shall constitute a separate offense.
b.
The owner of any building or structure, lot or land or part thereof
and/or the tenant or occupant of any building or structure, lot or
land or part thereof where anything in violation of this chapter shall
be placed or shall exist or be suffered, allowed or permitted to exist
and any architect, builder, developer, contractor, agent, person or
corporation engaged in connection therewith and who assists in the
commission of such violation shall each be guilty of a separate violation
and, upon conviction thereof, shall each be liable to the fine or
imprisonment, or both, specified hereinabove.
[Ord. No. 96/4 § 13-105]
If, before final subdivision approval has been granted, any
person, as owner or agent, transfers or sells or agrees to transfer
or sell any land which forms a part of a subdivision for which municipal
approval is required in accordance with the provisions of this chapter,
except pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to the requirements of N.J.S.A.
40:55D-55.