[HISTORY: Adopted by the City Council of the City of Cape May as Sec. 10-1 of the 1997 Revised General Ordinances. Amended by Ordinance Nos. 486, 516, 657, 704 756, 818, 843-1990, 849-90, 878-91, 949-92, 962-92, 968-92, 1130-97, 1185-99, 1246-2002, 1247-2002, 1270-2002, 1283-2002, 53-2005, 55-2005, 101-2007, 136-2008, 169-2009. Amended in entirety 10-20-2015 by Ord. No. 295-2015; 8-16-2016 by Ord. No. 308-2016. Subsequent amendments noted where applicable.]
[Amended 8-16-2016 by Ord. No. 308-2016]
A. 
There is hereby established in the City of Cape May a State Uniform Construction Code Enforcing Agency to be known as the Department of Construction and Zoning, consisting of a Construction Official, a Zoning Officer, a Floodplain Manager, a Building Subcode Official, a Plumbing Subcode Official, an Electrical Subcode Official, a Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the Chief Administrator of the enforcing agency.
B. 
Each official position created in Subsection A of this section shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that the person is qualified pursuant to P.L. 1975, c. 217 and N.J.A.C. 5:23 to hold each such position.
C. 
The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
D. 
All subcode officials, their assistants and staff, and all other personnel working for the Department of Construction and Zoning shall be subject to the procedures and policies of the agency and shall be primarily responsible to the Construction Official.
[Amended 8-16-2016 by Ord. No. 308-2016]
A. 
Construction permit fees. The fees for any construction permit required pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and the state regulations promulgated pursuant thereto shall be the sum of all of the applicable subcode fees listed herein. All such fees must be paid in full before any required permit can be issued by the Construction Code Official or appropriate subcode official.
(1) 
Building subcode fees.
(a) 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.038 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified in Articles 3 and 4 of the Building Subcode, N.J.A.C. 5:23-3.14; except, however, that the fee shall be $0.028 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2, and the fee shall be $0.0011 per cubic foot for structures on farms, including commercial farm buildings under 5:23-3.2(d), with the maximum fee for such structures on farms not to exceed $4,443. There shall be a minimum fee of $65 under this Subsection.
(b) 
Fees for renovations, alterations and repairs or any other construction which cannot be computed in cubic feet shall be $45 per $1,000 of estimated labor and material cost. The minimum fee shall be $65. For the purpose of determining estimated cost, the applicant may be required to submit to the Construction Official such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
(c) 
Fees for additions shall be computed on the same basis as for new construction for the added portion.
(d) 
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection A(1)(a) and (b) above.
(e) 
The fee for tents, in excess of 900 square feet or 30 feet in any dimension, shall be $250.
(f) 
The fee for an aboveground swimming pool shall be $150 for a pool with a surface area greater than 550 square feet; the fee in all other cases shall be $75. The fee for an in-ground swimming pool shall be $200 for a pool with a surface area greater than 550 square feet; the fee in all other cases shall be $100.
(g) 
The fee for structural towers, such as antenna towers, shall be a flat fee of $200.
(h) 
Fees for retaining walls shall be as follows: (A) The fee for retaining wall with a surface greater than 550 square feet that is associated with a Class 3 residential structure shall be $200. (B) The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $100. The minimum fee shall be $100.
(i) 
The fee for the construction of a new fence over six feet in height, or renovations, alterations and repairs thereto, shall be based on the same schedule set forth in Subsection A(1)(b) above, with a minimum fee of $65.
(j) 
Fees for minor construction work shall be based upon the estimated cost of the work. The fee shall be computed as set forth in Subsection A(1)(b) above.
(k) 
The minimum fee shall be $65 unless otherwise specified.
(2) 
Plumbing subcode fees.
(a) 
The fee shall be in the amount of $20 per fixture, piece of equipment or appliance connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated in Subsection A(2)(b) below.
(b) 
The fee shall be $92 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports (double-check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot-water boilers (excluding those for domestic water heating), active solar systems, sewer pumps and interceptors. There shall be no inspection fee charged for gas service entrances.
(c) 
The fee for lawn sprinkler systems with backflow preventers shall be $92.
(d) 
The fee for a water heater shall be $65.
(e) 
The minimum fee shall be $65 unless otherwise specified.
(f) 
The fee for domestic boiler backflow and low water cutoff devices shall be $20.
(3) 
Electrical fixtures and devices. The fee shall be as follows:
(a) 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $65; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $15. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kW).
(b) 
For each motor or electrical device rated from one hp or one kW to 10 hp or 10 kW; for each transformer or generator rated from one kW or one kva to 10 kW or 10 kva; for household electric cooking equipment rated up to 16 kW; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height, including luminaries; and for each communications closet, the fee shall be $45.
(c) 
For each spa, hot tub, hydro-massage bathtub, underwater lighting fixture; for each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp or 50 kW; for each transformer or generator rated from greater than 10 kW or 10 kva to 45 kW or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes, including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $65.
(d) 
For each motor or electrical device rated from greater than 50 hp or 50 kW to 100 hp or 100 kW; and for each transformer or generator rated from greater than 45 kW or 45 kva to 112.5 kW or 112.5 kva, the fee shall be $130.
(e) 
For each motor or electrical device rated greater than 100 hp or 100 kW; and for each transformer or generator rated greater than 112.5 kW or 112.5 kva, the fee shall be $650.
(f) 
The fee charged for electrical work for each permanently installed private swimming pool, as defined in the building subcode, or fountain shall be a flat fee of $65 which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection A(3)(a) through (e) above. The fee charged for panelboards shall be charged in accordance with Subsection A(3)(h).
(g) 
The fee charged for the installation of single- and multiple-station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $80 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(3)(a) and (b) above.
(h) 
For each service equipment, panelboard, switchboard, switchgear, motor-control center or disconnecting means rated from 100 amperes or less, the fee shall be $65. For each service equipment, panelboard, switchboard, switchgear, motor-control center or disconnecting means rated from 110 amperes to 225 amperes, the fee shall be $125. For each service equipment, panel board, switchboard, switchgear, motor-control center or disconnecting means rated from 226 amperes to 400 amperes, the fee shall be $175. For each service equipment, panel board, switchboard, switchgear, motor-control center or disconnecting means rated from 401 amperes to 800 amperes, the fee shall be $225. For each service equipment, panel board, switchboard, switchgear, motor-control center or disconnecting means rated from 801 amperes and above, the fee shall be $650.
(i) 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual load side panel boards shall be charged in accordance with Subsection A(3)(h) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(j) 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.
(k) 
For each replacement of wiring involving one branch circuit or part thereof, the fee shall be $35, and for electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be in accordance with Subsection A(3)(h) above, based on the designated ampere rating of the overcurrent device of the service or feeder.
(l) 
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.
(m) 
For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors that are part of premises wiring, except those that are portable plug-in type, shall be counted.
(n) 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
[1] 
One to 50 kilowatts, the fee shall be $75.
[2] 
Fifty-one to 100 kilowatts, the fee shall be $150.
[3] 
Greater than 100 kilowatts, the fee shall be $650.
(o) 
The minimum fee shall be $65 unless otherwise specified.
(4) 
Fire subcode fees. For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), underground tanks, pre-engineered suppression systems, gas- and oil-fired appliances, kitchen exhaust systems, incinerators and crematoriums, the fee shall be as follows:
(a) 
The fee for 20 or fewer heads shall be $100; for 21 to and including 100 heads, the fee shall be $175; for 101 to and including 200 heads, the fee shall be $350; for 201 to and including 400 heads, the fee shall be $850; for 401 to and including 1,000 heads, the fee shall be $1,150; for over 1,000 heads, the fee shall be $1,550.
(b) 
For fire pumps, the fee shall be based on the GPM rating of the fire pump as follows:
[1] 
1-250gpm, the fee shall be $175.
[2] 
251-500gpm, the fee shall be $250.
[3] 
501-1,000gpm, the fee shall be $350.
[4] 
Greater than 1,000gpm, the fee shall be $500.
(c) 
The fee for each standpipe shall be $330.
(d) 
The fee for each independent pre-engineered system shall be $150.
(e) 
The fee for each gas- or oil-fired appliance or heating and air conditioning system shall be $100.
(f) 
The fee for each kitchen exhaust system shall be $150.
(g) 
The fee for each incinerator shall be $500.
(h) 
The fee for each crematorium shall be $500.
(i) 
For single- and multiple-station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $65 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(4)(b) above.
(j) 
The fee for automatic or manual fire alarm systems shall be for 20 or fewer detectors $100; for 21 to and including 100 detectors, the fee shall be $175; for 101 to and including 200 detectors, the fee shall be $350; for 201 to and including 400 detectors, the fee shall be $850; for 401 to and including 1,000 detectors, the fee shall be $1,150; for over 1,000 detectors, the fee shall be $1,550.
(k) 
The fee for fireplaces, wood-burning stoves, and solid-fuel burning appliances shall be $100 for one- and two-family dwellings. For all other uses, the fee shall be $45 per $1,000 of estimated cost of work.
(l) 
The fee for installation, removal, or abandonment of underground storage tanks shall be $100 for one- and two-family dwellings. For all other uses, the fee shall be $200.
(m) 
The fee for replacement of an existing transmission means as per N.J.A.C. 5:23-2.17A(c)5v shall be $75.
(n) 
The minimum fee shall be $65 unless otherwise specified.
(5) 
Fees for certificates and other permits are as follows:
(a) 
The fee for demolition of a one- and two-family dwelling shall be $200. The fee for demolition of a detached garage shall be $200. The fee for demolition of a shed shall be $100. The fee for demolition of all other structures shall be $400. Partial demolition shall be charged at the rate of $45 per $1,000 of estimated cost.
(b) 
The fee for a permit to construct a sign over 25 square feet shall be $8 per square foot of the surface area of the sign; provided, however, that in the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation. The minimum fee shall be $65.
(c) 
The fee for a permit for lead hazard abatement work shall be $200. The fee for a lead abatement clearance certificate shall be $65.
(d) 
Asbestos hazard abatement. There shall be an administrative fee of $100 for each construction permit and an administrative fee of $50 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project.
(6) 
The fee for plan review shall be 25% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be nonrefundable.
(a) 
There shall be an additional fee of $65 per subcode for review of any amendment or change to a plan that has already been released or for which the construction permit has been issued.
(7) 
Fees for certificates of occupancy shall be as follows:
(a) 
Fee for certificate of occupancy shall be 15% of the construction permit fees; provided, however, that the minimum fee shall be $150.
(b) 
The fee for certificate of occupancy granted pursuant to a change of use shall be $150.
(c) 
The fee for a temporary certificate of occupancy shall be $100.
(d) 
There shall be no fee charged for a certificate of approval issued pursuant to N.J.A.C. 5:23-2.23j.
(e) 
The fee for a certificate of compliance shall be $30.
(f) 
The fee for inspections and plan review of an elevator shall be as determined by the State of New Jersey, Department of Community Affairs, which shall be responsible for elevator subcode for the City of Cape May. Reports on elevator inspections shall be furnished to the Construction Official.
(g) 
The fee for plan review of a building for compliance under the alternate systems and renewable energy source provisions of the energy code (Green Building) shall be $345 for one- and two-family dwellings (Group R-3 or R-5 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,725 for all other structures.
(h) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $825 for Class I structures and $300 for Class II and Class III structures. The fee for resubmission of an application for a variation shall be $325 for Class I structures and $150 for Class II and Class III structures.
(i) 
All amounts collected for construction fees shall be rounded to the nearest dollar amount.
(j) 
State of New Jersey mandated training fees.
[1] 
Pursuant to N.J.A.C. 5:23-4.19, in order to provide for the training and certification and technical support programs required by state law, the City of Cape May shall collect a surcharge fee to be based upon the volume of new construction within the municipality. Said fee shall be accounted for and forwarded to the State of New Jersey Department of Consumer Affairs Division of Codes and Standards in the manner herein provided.
[2] 
Amount. This fee shall be in the amount of $0.00371 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.90 per $1,000 of value of construction.
[3] 
Remitting and reporting. The municipality shall remit fees to the Bureau of Codes and Standards, Department of Community Affairs, on a quarterly basis, in conjunction with report number R-840B, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to Treasurer, State of New Jersey.
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the City Council a biannual report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
C. 
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Codes and Standards, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year.
(1) 
The fee for development-wide inspection of structures after the issuance of a certificate of occupancy pursuant to N.J.A.C. 5:23-2.35 shall be an amount equal to either the hourly base salary paid to a licensed code official performing the work, multiplied by the number of hours worked, or to the hourly fees charged to the municipality by a professional contracted to provide such services pursuant to N.J.A.C. 5:23-2.35, subject to the accounting procedures and limits set forth below.
(a) 
Hourly charges shall be limited only to municipal or consulting professional charges for inspections, review of plans and supporting documents and preparation of reports and documents and shall accurately reflect the hours engaged in these activities.
(b) 
The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any consulting engineer hired for this purpose, including normal and typical expenses incurred in performing inspections and reviewing plans and supporting documents for the required corrective work.
(c) 
The developer shall not be billed and no charge shall be made to any escrow amount or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses except as provided for in this subsection, nor shall a municipal enforcing agency professional add any charge to his expenses.
(d) 
Payments shall be charged to the escrow, and shall be made by the Chief Financial Officer of the municipality, and a final accounting shall be provided, in accordance with the procedure set forth in paragraphs (c) and (d) of N.J.S.A. 40:55D-53.2. Payments shall be made from any such escrow by the Chief Financial Officer only upon approval of the Construction Official.
(e) 
The municipality shall place in escrow all monies paid by the developer for this purpose. The escrow shall be held in any account maintained by the municipality in the same manner as that established for the deposit of escrow funds paid by professional review services, inspection fees, and performance and maintenance guarantees as provided for at N.J.S.A. 40:55D-53.1.
(f) 
Appeals of any changes levied by the municipality pursuant to this subsection shall be made to the Construction Board of Appeals in accordance with the procedures set forth in N.J.S.A. 40:55D-53.2a and N.J.A.C. 5:23A.
[Amended 8-16-2016 by Ord. No. 308-2016]
The fire limits of the City are hereby established as follows: All that land and premises located within the City of Cape May known as the Primary Historic District as defined in Chapter 525, Zoning, and as delineated therein. The Construction Official shall prepare and submit to City Council, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which would be designated as within the fire limits, with the reasons therefor.
[Amended 8-16-2016 by Ord. No. 308-2016]
A certified copy of this chapter, together with any amendments hereafter adopted, shall be forwarded to the New Jersey State Department of Community Affairs.
[Amended 8-16-2016 by Ord. No. 308-2016]
A. 
The purpose of this section is to require an inspection of buildings, structures, or units prior to the transfer of title to determine compliance with Chapter 525 (Zoning Ordinance).
B. 
Transfer of building, structures, or units. No person or entity shall sell or transfer title to any building, structure, portion of structure, or unit in a structure until such person or entity shall have first requested and obtained a certificate of zoning compliance certifying the following:
(1) 
That there has not been a change of use;
(2) 
Designation of the unit(s) or structures covered by the certificate of zoning compliance;
(3) 
That the building, structure, part of the structure, or unit(s) in the structure, as the case may be, are in compliance with the provisions of Chapter 525 (Zoning Ordinance).
C. 
Exceptions: A certificate of zoning compliance shall not be required:
(1) 
Where a certificate of occupancy has been issued in connection with new construction within two years of a transfer; in such case where a portion of a new structure or unit(s) therein is transferred within two years subsequent to the issuance of a certificate of occupancy;
(2) 
Where title to a building or structure is being transferred without consideration to an entity owned or controlled by the transferrer or to a person related to the transferrer;
(3) 
Where the buyer signs a certification stating that the buyer does not intend to utilize the structure or building for human occupancy and intends to demolish the structure or building within 90 days after transfer (which time period will be tolled if demolition is unable to occur between Memorial Day and Labor Day); or
(4) 
Where title to a building or structure is being transferred by reason of foreclosure or deed in lieu of foreclosure to lender, a holding company related lender or its designated loan servicer; however, a sheriff's sale transferring the building or structure to an unrelated third party shall not be exempt.
[Amended 8-16-2016 by Ord. No. 308-2016]
A. 
The purpose of this section is to require an inspection of buildings, structures, or units prior to the transfer of title to determine compliance with City Code Section 258-17E (Flood Damage Prevention), but only with respect to the minimum number of flood vents.
B. 
Transfer of building, structures, or units. No person or entity shall sell or transfer title to any building, structure, portion of structure, or unit in a structure until such person or entity shall have first requested and obtained a certificate of flood damage prevention compliance certifying the following:
(1) 
Designation of the unit(s) or structures covered by the certification of flood damage prevention compliance;
(2) 
That the building, structure, part of the structure, or unit(s) in the structure, as the case may be, are in compliance with the provisions of City Code Section 258-17E (Flood Damage Prevention), but only with respect to the minimum number of flood vents.
C. 
An applicant for a certificate of flood damage prevention compliance must submit a flood elevation certificate to the Floodplain Manager before a flood damage prevention certificate may issue. A flood elevation certificate previously issued on or after January 1, 2010 shall be accepted for all structures contained on the property at the time of issuance.
D. 
A certificate of flood damage prevention compliance shall be valid for two years from the date of issuance.
E. 
If, after an inspection, a certificate of flood damage prevention compliance may not be issued because of non-compliance with this § 199-6, notice shall be given to the applicant detailing the violations. All noted violations shall be abated prior to closing; but title may be transferred before the noted violations are abated if the buyer signs an acknowledgment of the deficiencies, assumes the risk, and agrees to undertake compliance pursuant to this section within 30 business days after closing. If buyer fails to abate the violation within the specified time period, buyer shall be subject to fines and penalties for noncompliance.
F. 
Exceptions: A certificate of flood damage prevention compliance shall not be required:
(1) 
Where a certificate of occupancy has been issued in connection with new construction within two years of a transfer; in such case where a portion of a new structure or unit(s) therein is transferred within two years subsequent to the issuance of a certificate of occupancy;
(2) 
Where title to a building or structure is being transferred without consideration to an entity owned or controlled by the transferrer or to a person related to the transferrer;
(3) 
Where the buyer signs a certification stating that the buyer does not intend to utilize the structure or building for human occupancy and intends to demolish the structure or building within 90 days after transfer (which time period will be tolled if demolition is unable to occur between Memorial Day and Labor Day); or
(4) 
Where title to a building or structure is being transferred by reason of foreclosure or deed in lieu of foreclosure to lender, a holding company related lender or its designated loan servicer; however, a sheriff's sale transferring the building or structure to an unrelated third party shall not be exempt.
G. 
If a flood code compliance certificate has issued within two years to any single unit in a condominium complex containing more than one dwelling unit in a single structure, no other unit within that structure shall be required to obtain a certificate of flood damage prevention compliance.
[Added 8-16-2016 by Ord. No. 308-2016]
A. 
The purpose of this section is to require an inspection of buildings, structures, or units prior to the transfer of title to determine (i) that there are no violations of law or orders of the Construction Official, and (ii) that no unsafe or unsanitary conditions have been found.
B. 
Transfer of building, structures, or units. No person or entity shall sell or transfer title to any building, structure, portion of structure, or unit in a structure until such person or entity shall have first requested and obtained a certificate of continued occupancy certifying as follows:
(1) 
That there has been no construction, enlargement, repair, alteration, renovation, reconstruction or demolition of any part of the building, structure, or unit without a construction permit in violation of N.J.A.C. 5:23-2.14 and that there are no open construction permits; and
(2) 
That the building, structure or unit is not in violation of N.J.A.C. 5:23-2.32(a), such that the building or structure has not become unsafe or unsanitary, does not contain deficient or blocked exitway facilities, does not constitute a fire hazard or is not otherwise dangerous to human life or the public welfare.
C. 
A certificate of continued occupancy shall be valid for two years from the date of issuance and shall expire on the date of transfer (subject to any obligation to correct any deficiencies post-closing).
D. 
If, after an inspection, a certificate of continued occupancy may not be issued because of the failure to comply with this § 1997, notice shall be given to the applicant detailing the violations. All noted violations shall be abated prior to closing; but title may be transferred before the noted violations are abated, if the buyer signs an acknowledgment of the deficiencies, assumes the risk, and agrees to undertake compliance pursuant to this section within 30 days after closing. If buyer fails to abate the violation within the specified time period, buyer shall be subject to fines and penalties for noncompliance.
E. 
Exceptions: A certificate of continued occupancy shall not be required:
(1) 
Where a certificate of occupancy has been issued in connection with new construction within two years of a transfer;
(2) 
Where title to a building or structure is being transferred without consideration to an entity owned or controlled by the transferrer or to a person related to the transferrer;
(3) 
Where the buyer signs a certification stating that the buyer does not intend to utilize the structure or building for human occupancy and intends to demolish the structure or building within 90 days after transfer (which time period will be tolled if demolition is unable to occur between Memorial Day and Labor Day); or
(4) 
Where title to a building or structure is being transferred by reason of foreclosure or deed in lieu of foreclosure to lender, a holding company related lender or its designated loan servicer; however, a sheriff's sale transferring the building or structure to an unrelated third party shall not be exempt.
[Amended 8-16-2016 by Ord. No. 308-2016]
A. 
Fees for miscellaneous zoning reviews in connection with applications for building and zoning permits shall be as follows:
(1) 
New buildings:
(a) 
One- and two-family dwellings: $125.
(b) 
All other buildings: $200.
(2) 
Additions and accessory buildings:
(a) 
One- and two-family dwellings: $55.
(b) 
Garages: $55.
(c) 
Storages sheds and decks: $45.
(d) 
All other buildings: $100.
(3) 
Signs, fences, pools, satellite antennas, driveways, sidewalks, curb cuts, and other reviews not listed: $45.
(4) 
Fees for official letters in reply to a zoning inquiry shall be $50 for zoning verification.
(5) 
The fee for a Certificate of Zoning Compliance shall be $75.
(6) 
The fee for a Certificate of Compliance with Flood Damage Prevention Ordinance shall be $75.
(7) 
The fee for a Certificate of Continued Occupancy shall be $85, plus $50 for each subcode inspection.
(8) 
Cape May City Permits. Unless otherwise specified herein, all City permits shall have a flat fee of $65. For the repair or replacement of any amount of existing roof covering on a detached one- or two-family dwelling, or for the repair or replacement of any amount of existing siding covering on a one- or two-family dwelling, the fee shall be $45 per $1,000 of estimated labor and material cost. This paragraph shall not apply to polypropylene siding, which shall not be considered ordinary maintenance.
[Ord. No. 348-2018]
B. 
All applications for a Certificate of Zoning Compliance, a Certificate of Compliance with Flood Damage Prevention Ordinance and Certificate of Continued Occupancy shall be submitted not less than 15 business days prior to the transfer of title.