[2-27-2024 by Ord. No. 2024-07]
A. 
It is unlawful to permit the use and/or occupancy of any structure or part thereof until a Certificate of Occupancy has been issued by the code enforcement officer for a Transfer of Title Certificate of Occupancy or by the construction official for all other Certificates of Occupancy in accordance with this chapter and the Uniform Construction Code, as applicable.
B. 
A Certificate of Occupancy shall be secured from the code enforcement officer and required as follows:
1. 
Pursuant to the requirements set forth in N.J.A.C. 5:23-2.23.
2. 
Upon the completion of construction of any new building.
3. 
Upon the completion of construction of any addition to an existing building, which addition requires a building permit.
4. 
Upon the change in use of and/or addition of any use to any building and/or property and any use that requires site plan approval. The change in use shall also require a new zoning permit.
5. 
The change in ownership by transfer of title to any existing structure.
C. 
To secure a Certificate of Occupancy, a written application shall be completed and all applicable requirements of the Uniform Construction Code, this chapter, and the Borough Code, as applicable, shall be met.
1. 
Unless additional time is agreed upon by the applicant in writing, a Certificate of Occupancy shall be granted or denied in writing within 10 business days from the date a complete application is filed.
D. 
Notwithstanding the foregoing, a Certificate of Approval shall be issued for all work that requires a construction permit but does not require a Certificate of Occupancy. No application shall be required for a Certificate of Approval.
E. 
As a condition of securing a Certificate of Occupancy or Certificate of Approval, the owner shall permit the designated Borough officials to enter upon and in and examine and inspect the property and structure(s) subject to the certificate of occupancy application for compliance with the applicable requirements.
[2-27-2024 by Ord. No. 2024-07]
A. 
The structures shall conform with Title 16 and the use is a permitted use or exists as a valid preexisting nonconforming use and conform to all applicable Uniform Construction Code and Borough Code requirements.
1. 
The Certificate of Occupancy permit shall reflect the use for which the building is permitted. A person shall not be permitted to occupy a building unless he or she receives an occupancy permit and unless the nature of the occupancy conforms to what is set forth in the Certificate of Occupancy.
2. 
The applicant shall permit the zoning officer, or his or her designated representative, to enter upon and examine the structures subject to the application to confirm the property conforms to the zoning provisions, or, if not, that the property exists as a valid nonconforming use.
B. 
No person shall occupy or allow any person to occupy any structure used for commercial or residential purposes without first having obtained a Certificate of Occupancy.
C. 
With the exception of transfer of title Certificates of Occupancy, all local taxes and assessments on the property shall be required to be paid as a condition of approval of a Certificate of Occupancy.
D. 
A smoke detector shall be installed in accordance with the following:
1. 
All smoke detector units shall be powered by an alternating current (AC) constantly active electric circuit which cannot be deactivated by the operation of any interconnected switching device and shall comply with the latest NFPA 70 electrical code. As an alternative, battery-powered single smoke detector units may be installed in dwelling units provided that the following conditions are met.
a. 
The owner or his or her representative shall inspect and maintain all smoke detector units and replace batteries in all smoke detector units annually or as otherwise required per manufacturer's printed recommendations.
b. 
The owner or his or her representative shall place a tag on each smoke detector unit and shall place the date of inspection and his or her initials on the tag.
c. 
Entries shall be made on the tag upon initial installation. An entry made on a tag shall constitute a certification that the smoke detector unit is operating properly. Tags shall be affixed so as not to impair the functioning of the smoke detector unit.
2. 
All smoke detector units shall be listed, shall meet the latest requirements of U.L. 217 and shall be installed and maintained as per the manufacturer's recommendations and shall comply with the latest NFPA No. 72E and 74 standards except as otherwise provided.
3. 
Single station smoke detector units shall have integral alarms capable of emitting a minimum sound intensity of 85 DBA at a 10-foot distance with an easily seen and easily activated manual unit test button, or approved alternative and a power source monitor light or trouble signal.
4. 
Multiple station smoke detector units shall be either a series of interconnected single station units or smoke detectors of the non-self-contained type which are interconnected to a common alarm system.
[2-27-2024 by Ord. No. 2024-07]
A. 
A current plot plan of the premises, which plot plan shall show the location of all improvements at the site.
B. 
Site plan, subdivision, and variance approvals, as may be necessary, have been granted by the appropriate agency or agencies in accordance with the provisions of the Borough Code, and the property complies with the requirements for approvals and the Borough Code.
1. 
With respect to any finally approved subdivision and/or site plan or subsection of such subdivision, a certificate of occupancy shall be issued only upon the written confirmation by the Borough engineer to the construction official of the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:
a. 
Curbs;
b. 
All utilities;
c. 
Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question;
d. 
Storm drainage facilities;
e. 
Final grading of the property;
f. 
Base course (in the case of subdivisions) or final course (in the case of site plans) of the street or streets serving the property;
g. 
Base course (in the case of subdivisions) or final course (in the case of site plans) of driveways and parking areas;
h. 
Landscaping; and
i. 
Any other improvements required as part of subdivision and/or site plan approval.
2. 
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a certificate of occupancy shall be issued only upon the written confirmation by the Borough engineer to the construction official of the completion of the following improvements, in addition to those listed in Subsection (E)(4) of this section, to the extent the improvements are required as part of a subdivision and/or site plan approval:
a. 
Sidewalks;
b. 
Driveway aprons; and
c. 
Street names and regulatory signs.
C. 
The applicant shall have submitted a certification by a licensed architect or engineer, sealed by the said architect or engineer, certifying compliance with all provisions of Chapter 16.68, Flood Hazard Prevention, and all National Flood Insurance Program regulations. The Code Enforcement Officer shall certify to the mayor and council the compliance or noncompliance of any building located in the Borough with appropriate National Flood Insurance Program regulations and conformance with the provisions of Chapter 16.68, Flood Hazard Prevention.
D. 
The code enforcement officer shall receive a certification from the tax collector that all taxes and water/sewer charges have been paid and are current on the premises for which a Certificate of Occupancy is sought.
E. 
Approval in writing shall be delivered to the code enforcement officer from the water and sewer department certifying compliance with all rules and regulations of the water and sewer department. The code enforcement officer shall request in writing the approval or denial from the water and sewer department, and the department shall respond in writing within three days of the receipt of the written request by the code enforcement officer.
[2-27-2024 by Ord. No. 2024-07]
A. 
A temporary Certificate of Occupancy may be issued although not all requirements have been complied with pursuant to the Uniform Construction Code.
B. 
In the event that the applicant shall seek a temporary Certificate of Occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the applicant shall furnish a separate guarantee in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary Certificate of Occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent Certificate of Occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee.
1. 
Upon posting of a temporary Certificate of Occupancy guarantee, all sums remaining under a performance guarantee that relate to the development, unit, lot, building, or phase of development for which the temporary Certificate of Occupancy is sought shall be released. The scope and amount of the temporary Certificate of Occupancy guarantee shall be determined by the Borough engineer. At no time may the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary Certificate of Occupancy guarantee shall be released by the Borough engineer upon the issuance of a permanent Certificate of Occupancy with regard to the development, unit, lot, building, or phase as to which the temporary Certificate of Occupancy relates.
2. 
The scope and amount of the temporary Certificate of Occupancy guarantee shall be determined by the construction code official or zoning officer or their designee, and the form of the guarantee shall be approved by the Borough Attorney. The temporary Certificate of Occupancy guarantee shall be released by the construction code official or zoning officer or their designee upon the issuance of a permanent Certificate of Occupancy with regard to the development, unit, lot, building, or phase as to which the temporary Certificate of Occupancy relates.
[2-27-2024 by Ord. No. 2024-07]
A. 
No transfer of title by the owner of any real property shall take place unless and until a new Certificate of Occupancy or the owner otherwise complies with the requirements set forth herein.
B. 
The application shall include a current plot plan of the premises, which plot plan shall show the location of all improvements at the site, and an elevation certificate.
C. 
In the event a transfer of Certificate of Occupancy cannot be issued due to the failure to comply with the applicable requirements, the new owner shall submit a written request to the code enforcement officer and sign an affidavit setting forth that the property shall not be occupied until all requirements are satisfied, the requirements are approved by the Borough, and a Certificate of Occupancy is approved.
D. 
Prior to the issuance of a Certificate of Occupancy such certificate shall be submitted to the Building Department on the form provided by the building department and be accompanied by a recorded deed, recorded in the Ocean County clerk's office at Toms River, New Jersey, which recorded deed shall contain the following specific language:
NOW, here is hereby imposed upon the lands described herein a restrictive covenant advising all future owners of the said lands whether acquired by conveyance, inheritance or otherwise that the lands may only be used in accordance with flood regulations established by the Federal Emergency Management Agency (FEMA). A violation of any of the said FEMA regulations may result in:
A. 
An issuance of a summons returnable in the Municipal Court of the Borough of Ship Bottom or any other Court having appropriate jurisdiction, subjecting the defendant to a fine of not less than One Hundred ($100) Dollars nor more than One Thousand ($1,000) Dollars per day, or such greater or lesser fine as may be permitted by law, for each and every day that any violation of the said FEMA regulations are violated; or
B. 
Subject the owner of the lands to an action in the Chancery Division, Superior Court of New Jersey or any other court having injunctive jurisdiction for a mandatory injunction compelling the owner to remove any structures or improvements which violate the FEMA regulations.
By acceptance of title to the lands encumbered hereby, any owner thereof whether title be acquired by Deed of conveyance, inheritance or otherwise, grants to the appropriate inspection officers of the Borough of Ship Bottom the right upon forty-eight (48) hours advance notice to inspect, during normal business hours, the areas of any structure located on the lands which lie below the base flood elevation (BFE) as defined by FEMA regulations in order to determine compliance with such regulations and for a failure to permit such inspection, the owner of the lands may be subject to Complaint returnable in the Municipal Court of the Borough of Ship Bottom which may result in a fine of not less than One Hundred ($100) Dollars nor more than One Thousand ($1,000) Dollars per day, or such greater or lesser fine as may be permitted by law, for each and every day which inspection is refused.
E. 
Where two or more detached dwelling units exist on one parcel of land, whether or not they exist under separate ownership, condominium ownership, time share ownership or any other type of individual or multiple ownership, the seller(s) shall be required to install separate water and sewer services and connections for each dwelling unit. If such services and connections are not installed prior to the issuance of the Certificate of Occupancy, the seller(s) shall provide the construction official with a letter signed by a responsible official of each of the applicable utility companies stating that the required fees have been paid by the seller(s) for the required utility connections and service, and that the required connections and service shall be installed.
[2-27-2024 by Ord. No. 2024-07]
A. 
No Certificate of Occupancy shall be issued unless the property is in full compliance with the Uniform Construction Code and the Borough Code.
B. 
Should a Certificate of Occupancy be denied, the reason(s) for denial so shall be stated on two copies of the application and one copy shall be returned to the applicant.