All permits and certificates required under this chapter shall be issued by the Land Use Officer unless the provisions of this chapter expressly direct their issuance by another person or agency. No permit or certificate issued pursuant to this chapter shall be deemed to be in lieu of or to supersede any permit or certificate required under Chapter
124, Construction Codes, Uniform, or under the applicable provision of any other board, body or agency of the federal, state, county or Borough government.
[Amended 5-13-1997by Ord.
No. 97-8]
No zoning permit shall be issued for the construction of any
new building, the alteration, addition to or change in use of an existing
building, a conditional use, a use or building permitted by variance
or a nonconforming use, unless, when so required, a final site plan
shall have first been approved by the Planning Board in accordance
with the terms of this chapter.
[Added 12-4-2018 by Ord.
No. 18-18]
A. Purpose. There is a need to have an inspection requirement of all
residences upon sale, transfer or change of ownership, vacancy and
reoccupancy, re-rental or re-lease of one and two family dwellings.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CHANGE IN USE
Any change in use defined by Hillsdale Zoning Code or New
Jersey Uniform Construction Code.
CODE ENFORCEMENT OFFICIAL
A person who has to be appointed by the Mayor and Council
to enforce the municipal ordinances of Hillsdale.
USE
As defined by the Hillsdale Zoning Code and the New Jersey
Uniform Construction Code.
C. Residential certificate required; responsibility of owners. No person
shall occupy, rent, lease, transfer title, or inhabit as a tenant
or tenants or occupy as a new owner of any residential use unless
and until the current owner has applied for and secured a CCI from
the Building Department of the Borough of Hillsdale. The owner, landlord
or agent of all residential premises shall be responsible for notification
to the Hillsdale Building Department of pendency of any new tenancy
or ownership and for obtaining the required certificate of continued
occupancy.
D. Conditions. A Certificate of Smoke Detector and Carbon Monoxide Alarm
Compliance (CSDCMAC) and Residential Fire Extinguisher Compliance
for One and Two-Family Dwellings shall be issued by the Hillsdale
Fire Prevention Bureau before a CCI may be issued. Proper installation
and placement of all smoke detectors, carbon monoxide alarms and fire
extinguishers are required before a CCI shall be issued as per the
NJ Uniform Fire Code. An inspection shall be conducted by the Code
Enforcement Official or his designee to ensure that there are no violations
of law or orders of the Code Enforcement Official pending and it is
established after inspection and investigation of available municipal
records that the alleged use of the building and structure has lawfully
existed. The inspection shall also ensure that the sump pump, if any,
is redirected out of sanitary sources. Any construction work for which
a Uniform Construction Code permit was issued shall be inspected and
closed.
E. Application. The current owner, landlord or agent of any residential
premises, about to be sold or newly occupied, as indicated, shall
apply on forms provided by the Hillsdale Building Department for a
CCI. All information requested shall be provided to be a complete
application. Upon receipt and review of said complete application
by the Code Enforcement Official or his/her designee, shall, within
10 days, either issue a CCI or a written report of the reason for
denial.
F. Temporary continuing certificate of inspection. A temporary CCI may
be issued at the request of the current owner with money held in escrow
as established to cover any and all requested conditions for a permanent
CCI. Escrow monies will be held in accounts of attorneys of record,
as agreed. The term of temporary certificate will not exceed 90 days
unless extenuating circumstances can be shown or no occupancy may
take place during the term and the temporary CCI.
G. Enforcement. The Code Enforcement Official or his/her designee shall
enforce the provisions of this section.
H. Fees. A nonrefundable fee is required at time of application for inspection to be scheduled and a certificate to be issued as specified in Chapter
138, Fees and Deposits.
I. Violations and Penalties. Any person or entity that violates any of the provisions of this section, upon conviction therefor, shall be subject to a penalty as set forth in Chapter
226, Penalties, of this Code.
Except as hereinafter expressly provided, no certificate of
use and occupancy shall be issued for any new building, for any addition
or alteration to an existing building or for any change in use of
a building unless the building and its appurtenances conform in all
respects to an approved site plan or an approved amendment to an approved
site plan.
Notwithstanding the provisions of §§
310-21 and
310-23, no site plan approval shall be required prior to the issuance of a zoning permit or a certificate of use and occupancy for any building or addition if such building or addition is used or to be used solely as a single- or two-family dwelling or as an accessory thereto.
It shall be the duty of the Land Use Officer to keep a record
of all applications for permits and certificates of use and occupancy
which he or she countersigns, together with a notation of all special
conditions involved. He or she shall file and safely keep copies of
all plans and applications submitted. They shall form a part of the
records of his or her office and shall be available for the use of
the Borough Council and of other officials of the Borough of Hillsdale.
The Land Use Officer shall prepare monthly reports for the Borough
Council summarizing all permits issued and certificates countersigned,
all complaints of violations and the action taken thereon. A copy
of each such report shall be filed with the Borough Tax Assessor at
the same time it is filed with the Borough Council.
[Amended 5-13-1997by Ord.
No. 97-8]
The certificate as to approval of subdivision of land as set forth in N.J.S.A. 40:55D-56 et seq. shall be issued by the Secretary of the Planning Board upon proper application accompanied by payment of a fee as provided in Chapter
138, Fees, for each certificate.