[Adopted 9-13-2004 by Ch. No. 1504]
Prior to issuance of a certificate of occupancy
for any commercial building or structure approved as part of a major
land development plan; a minor land development plan; a special use
permit; or a permit for a three-family dwelling or multifamily dwelling,
as defined in the Zoning Ordinance and the Land Development and Subdivision
Regulations, the Planning Department, Zoning Department, Department
of Public Works and Fire Department shall first certify that all approvals
have been complied with.
Single-family and two-family dwellings shall
be exempt from the following review procedures.
A.
The Building Official receives a request for issuance
of a certificate of occupancy from the holder of a building permit,
accompanied by an as-built drawing prepared by a professional land
surveyor.
C.
The Building Official shall review the request for
compliance with requirements of the State Building Code.
D.
Upon receiving a certificate of occupancy approval
request from the Building Official, each department shall determine
if the project has been completed in conformance with its regulations,
which may include the Zoning Ordinance, Land Development and Subdivision
Regulations, or any conditions as set forth in a development plan
or special use permit approval.
E.
In order to expedite the review process, the holder
of a building permit may request the Building Official to forward
an approval request to relevant departments prior to seeking a certificate
of occupancy.
F.
If it is determined that all requirements have been
met, each department shall sign the certificate of occupancy approval
request and return said document to the Building Official, upon which
a final certificate of occupancy shall be issued.
G.
If deficiencies exist, the department whose requirements
have not been met shall submit a written list of deficiencies to the
Building Official, who will provide this list to the holder of the
building permit. It is the responsibility of the person requesting
the certificate of occupancy to discuss such deficiencies with the
department which has identified them. When such deficiencies have
been satisfactorily resolved, the department shall approve the certificate
of occupancy request, upon which the Building Official shall issue
a certificate of occupancy.
A.
If all identified deficiencies can be completed within
a six-month period and such deficiencies would not endanger life,
public health, safety or welfare, the Building Official may issue
a temporary certificate of occupancy, provided that the holder of
the building permit submits an improvement guarantee in the form of
a savings passbook or cash certificate in an amount determined necessary
to complete all identified deficiencies.
B.
In the absence of an improvement guarantee, all improvements
necessary to comply with an approved major land development plan,
minor land development plan, special use permit, or construction of
a three-family or a multifamily dwelling must be completed prior to
issuance of any certificate of occupancy. If an agreement cannot be
made with the holder of a building permit to correct such deficiencies,
a certificate of occupancy will not be issued.
C.
A temporary certificate of occupancy shall be null
and void after a period of six (6) months if the holder of a building
permit fails to obtain a final certificate of occupancy during this
timeframe. The Planning Board shall conduct a public hearing prior
to forfeiture of any improvement guarantee.
A.
The Building Official shall give notice by personal
service or certified mail upon any party who is deemed in violation
of this article, such notice to specify the nature of the violation,
action necessary to correct it, and a compliance date. Upon notification
of any violation of this article which has not been corrected by the
compliance date, the Town Solicitor is authorized to initiate a legal
proceeding to prevent, enjoin, abate or remove any violation.
B.
A penalty shall be assessed for any violation of the
terms of this article. The penalty for violation shall not exceed
$500 per violation, each day such violation continues to be deemed
a separate offense. Fines for violation shall inure to the Town.
The determination by a court of the invalidity
of any section or sections of this article shall not affect the validity
of the remainder of this article.
