[HISTORY: Adopted by the Township Council of the Township
of Gloucester 11-12-1979 by Ord.
No. O-79-39. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Procedures
for the Issuance of Certificates of Occupancy" and shall be typified
as title in the Code of the Township of Gloucester.
The purpose of this chapter is to protect the public health,
safety and welfare and to alleviate unsanitary living conditions,
flooding, health hazards and inferior living conditions by establishing
a procedure to uniformly administer the procedures in the issuance
of certificates of occupancy so as to prevent the occupancy of new
homes prior to the completion of certain off-site and on-site improvements.
A.
No certificate of occupancy shall be issued by the Construction Official
to permit the use or occupancy of a building or structure within the
affected lot unless and until the Construction Official has first
filed with the Director of Community Development a written certification
from the Township Engineer that:
(1)
All drainage requirements of the affected lot, and for all lots for
which certificates of occupancy have been previously issued, have
been totally completed, including the erection and fencing of any
and all retention basins which affect the drainage of the affected
lot.
(2)
All paving requirements of the lot, and for all lots for which certificates
of occupancy have been previously issued, shall be completed to the
extent that the lot for which a certificate of occupancy is sought
shall have a continuous roadway to a dedicated Township, county or
state highway, which roadway shall include curbing and street paving
except the top finish street coat.
[Amended 2-25-1980 by Ord. No. O-80-06]
(3)
Street name signs are installed and maintained on the street on which
the affected lot, and for all lots for which certificates of occupancy
have been previously issued, faces, and that temporary signs may be
installed pending receipt and installation of permanent signs.
(4)
All water, sanitary sewer, driveway, driveway apron, walkway, landscaping
and lot grading requirements of the lot site of the constructed building
or structure, and for all lots for which certificates of occupancy
have been previously issued, have been totally completed.
(5)
Shows proof of payment of all fees or costs for the installation
of all streetlighting requirements of the approved subdivision; provided,
however, that this certification shall not be necessary until after
the issuance of certificates of occupancy for the first 50% of buildings
or structures constructed in the approved subdivision section.
(6)
All shade tree requirements of the affected lot, and for all lots
for which certificates of occupancy have been previously issued, have
been fully completed; provided, however, that this certification shall
not be necessary until after the issuance of certificates of occupancy
for the first 75% of the buildings or structures constructed in the
approved subdivision section.
(7)
All recreation requirements of the approved subdivision have been
totally completed; provided, however, that the certification shall
not be necessary until after the issuance of certificates of occupancy
for the first 90% of the buildings or structures constructed in the
approved subdivision.
B.
The foregoing certification shall constitute a necessary local prior
approval, which is a condition of the issuance of certificates of
occupancy as required by N.J.A.C. 5:23-b.4 and 5:23-2.7(b)1(i).
There shall be a Committee of Adjustments consisting of the
Construction Official, the Director of Community Development and the
Township Manager. A quorum shall consist of the Construction Code
Official, the Director of Community Development and the Township Manager.
The Committee of Adjustments shall have the power to:
A.
Hear and decide appeals when any of the following is alleged by an
aggrieved party that:
[Amended 2-25-1980 by Ord. No. O-80-06]
(1)
Compliance with this chapter is not possible because of the circumstances.
(2)
Compliance with this chapter is not possible without causing unusual
hardship to the aggrieved party or to the residents of the Township
of Gloucester and that none of the parties are at fault.
(3)
Compliance with this chapter may cause a purchaser of the home for
which a certificate of occupancy is sought to forfeit a mortgage commitment.
B.
Grant a waiver for any of the above reasons of any part or all of
the requirements of this chapter for a period of 90 days, which may,
for good cause shown, be extended for another such period.
In the event that the Committee of Adjustments shall grant a
waiver of all or part of the requirements of this chapter, the Construction
Official may issue a temporary certificate of occupancy to the applicant
for the structure or building, or part thereof, before the entire
work covered by the building permit shall have been completed, provided
that such part or portions may be occupied safely prior to full completion
of the building or structure without endangering life or public welfare.
Such temporary certificate of occupancy shall not extend beyond the
time as permitted in the waiver authorized by the Committee of Adjustments.
This chapter shall apply to major subdivisions as defined in
the Township Subdivision Ordinance.[1]
Any person or corporation who shall violate a provision of this
chapter or who shall fail to comply with any of the requirements thereto
shall, upon conviction, pay a fine of not more than $500 or be liable
to imprisonment for not more than 60 days. Each day that a violation
continues shall constitute a separate offense and be punishable by
a like fine or penalty.
If any article, section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional or invalid,
such decision or invalidity shall not affect the remaining portion
or provisions of this chapter.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed to the extent of such inconsistencies
only.
This chapter shall take effect immediately after final passage
and publication in accordance with the laws of the State of New Jersey.
