These rules, regulations and standards shall be considered to
be the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Township. Any action taken
by the Township under the terms of this chapter shall give primary
consideration to the above mentioned matters and to the welfare of
the entire community.
[Ord. No. 2002-14, 7-8-2002]
A. The Construction Official and
the Code Enforcement Officer. It shall be the duty of the Construction
Official and the Code Enforcement Officer of the Township to administer
and enforce the provisions of this chapter. No new structure shall
be erected and no improvements to the interior of an existing building
shall be constructed unless a construction permit is obtained from
the Construction Official in accordance with the New Jersey State
Uniform Construction Code. No structure or lot shall be used in violation
of this chapter.
(1) It shall be the duty of
the Construction Official to keep a record of all applications and
all construction permits which are either issued or denied, with notations
of any conditions involved, which data constitute public records of
the Township. A monthly report of construction permits shall be filed
with the Tax Assessor and the Township Committee.
(2) It shall be the duty of
the Code Enforcement Officer to inspect the structures and land in
the Township and to order the owner in writing to remedy any condition
found to exist in violation of the provision(s) of this chapter. For
purposes of this inspection, the Code Enforcement Officer shall have
the right to enter any building or premises during reasonable hours,
subject to due process of law. The order shall specify that the owner
must contact the Code Enforcement Officer within 15 days after service
of the order to propose a plan to remedy the violations cited.
(3) In the event that an owner
cited for violations of this chapter fails to propose a remedial plan
within 15 days, or in the event that the plan proposed is deemed unacceptable
to the Zoning Officer, the Zoning Officer shall so inform the Township
Administrator and Township Attorney. The Township Attorney shall advise
the Township Administrator and Zoning Officer of the legal options
available to facilitate remedial action in each individual case.
B. Construction permits. Construction
permits shall be required as provided by the State Uniform Construction
Code, its subcodes, and regulations promulgated pursuant thereto.
Fees for construction permits shall be as set forth in the Code of
the Township of Bordentown.
C. Escrow deposits and performance
guarantees required. Deposits for all estimated inspection fees and
for all performance guarantees required by this chapter shall be posted
with the Township before any work begins on any construction or any
site work in accordance with any approved development plan.
D. Certificate of occupancy.
(1) Upon the completion of
any building, structure or alteration in compliance with this chapter
and any other ordinance, rule or regulation, the owner or the owner's
agent may apply to the Construction Official, in writing, for the
issuance of a certificate of occupancy for the structure, building
or alteration pursuant to the provisions of this section, but only
when:
(a) The structure or part(s)
thereof and the proposed use conform to this chapter and all other
Township codes and ordinances;
(b) Prior site plan, subdivision
and variance approvals, as may be necessary, have been granted by
the appropriate municipal agency or municipal agencies in accordance
with the provisions of this chapter;
(c) All local taxes and
assessments on the property have been paid; and
(d) A letter from each utility,
public or private, providing service to the property has been received
by the Township certifying that the utility service has been inspected
in accordance with the approved plan and is ready for use.
(2) Every application for a
certificate of occupancy shall be accompanied by payment of the fee
set forth in the Code of the Township of Bordentown.
(3) The Construction Official
shall issue a certificate of occupancy to the owner of every structure,
building or alteration entitled to receive a certificate of occupancy,
within the time and in accordance with the procedures set forth in
the New Jersey State Uniform Construction Code, and in this chapter.
(4) With respect to any finally
approved subdivision and/or site plan or subsection thereof, a certificate
of occupancy shall be issued only upon the completion of the improvements
required as part of subdivision and/or site plan approval. The developer
shall file with the administrative officer and with the Township Engineer
an as-built plan, certified by a licensed professional engineer. If
the as-built plan differs in any way from the approved plan, no certificate
of occupancy shall be issued until the Township Engineer approves
the as-built plan. The as-built plan shall show the location of all
structures, in addition to the following:
(c) Water supply and sewerage
treatment facilities, which shall be functioning and servicing the
property in question.
(d) Storm drainage facilities.
(e) Rough grading of the
property.
(f) Base course of the street
or streets serving the property.
(g) Base course of driveways
and parking areas.
(5) 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 in §
500-1003D(1), to the extent that the improvements are required as part of the subdivision approval:
(c) Street names and regulatory
signs.
(6) A copy of the certificate
of occupancy shall be kept on file at the premises affected and shall
be shown to the Construction Official upon request.
(7) Should the Construction
Official decline to issue a certificate of occupancy, the reason for
doing so shall be stated on two copies of the application and one
copy shall be returned to the applicant.
(8) A Temporary certificate
of occupancy may be issued for a new structure or use for which site
approval has been granted although there has not been compliance with
all conditions of the approval. A temporary certificate of occupancy
shall be issued only in extenuating circumstances and only with the
approval of the Construction Official who shall establish specific
terms and conditions, including, but not limited to, a time limit
for the installation of the uncompleted improvements and the receipt
of an appropriate performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
(9) A monthly report of the
certificates of occupancy issued shall be filed with the Tax Assessor.
A record of all certificates of occupancy shall be kept in the office
of the Construction Official and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the structure
or land affected. The charge for each copy shall be established by
resolution of the Township Committee, except that there shall be no
charge to a municipal agency.
(10) The following shall be
unlawful until a certificate of occupancy is issued by the Construction
Official:
(a) Occupancy and use of
a building erected, constructed, restored, altered, or moved, or any
changes in the use of an existing building.
(b) Occupancy, use or change
in use of vacant land, other than for agricultural purposes.
(c) Any change in the use
of a nonconforming use.
(d) Occupancy and use of
any enlargement to an existing structure.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
B. In addition to the foregoing, the municipality may
institute and maintain a civil action:
(1) For injunctive relief;
and
(2) To set aside and invalidate
any conveyance made pursuant to such a contract of sale if a certificate
of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
C. In any such action, the transferee, purchaser or
grantee shall be entitled to a lien upon the portion of the land,
from which the subdivision was made that remains in the possession
of the developer or the developer's assigns or successors, to secure
the return of any deposits made or purchase price paid, and also,
a reasonable search fee, survey expense and title closing expense,
if any. Any such action must be brought within two years after the
date of the recording of the instrument of transfer, sale or conveyance
of said land or within six years, if unrecorded.