[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 9-11-2019 by Ord. No. 2019-16. Amendments noted where applicable.]
Editor's Note: Former Ch. 93, Certificates of Continued Occupancy, which consisted of Art. I, Commercial Uses, 6-10-1998, was repealed 7-10-2019 by Ord. No. 2019-15.
A certificate of continued occupancy is a document certifying that a general inspection of the visible parts of a building has been made and that there are no apparent violations of the International Property Maintenance Code. The issuance of a certificate of continued occupancy does not represent that all improvements to the building comply with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) nor that the building and premises are in compliance with the Colts Neck Development Regulations (Chapter 102).
The administration and enforcing authority for the provisions of this chapter shall be the Construction Official.
The Construction Official or his/her agents or employees shall be responsible to make inspections to determine the condition of rental residential dwelling units, commercial establishments and premises located in the Township in accordance with this chapter.
From and after the effective date of this chapter, no person, firm, corporation or other entity shall occupy or reoccupy any commercial property after the sale, rental or the transfer of such property, and no person, firm, corporation or other entity shall rent a residential dwelling unit unless a certificate of continued occupancy shall have been issued by the Constructional Official certifying that such property is in compliance with all of the standards of this chapter. For purposes of this chapter, a "commercial property" shall be any structure or portion thereof, occupied or intended for occupancy for any retail, office, personal service, industrial use or property accessory thereto or any use other than a residential or agricultural use. A rental residential dwelling unit shall be a building or portion thereof occupied or intended to be occupied for residential purposes by one family that is not owner occupied.
Application forms for certificates of continued occupancy may be obtained from the Construction Official. The property owner or tenant shall file a completed application for a certificate of continued occupancy. For commercial properties, a description of operations on the owner's or tenant's letterhead must be submitted and shall include the days and hours of operation, number of employees, proposed number of shifts to be worked and the maximum number of employees per shift; for medical uses, the number of exam rooms; for food establishments the number of seats/chairs; the size, types and frequency of delivery vehicles; a detailed description of a "day in the life" of the business and a listing of all required licenses and certifications required. If distinct and separate activities occur, the description must include each activity.
The application fee for a certificate of continued occupancy shall be $100 made payable to Colts Neck Township. An additional fee in the amount of $25 shall be payable to the Township for each reinspection which may be undertaken after the initial inspection by the Construction Official or his or her designee in connection with any such application.
The Construction Official may, in his or her discretion, issue a temporary certificate of occupancy upon written application by the owner or proposed occupant of such use. The Construction Official may issue a temporary certificate of occupancy only in those circumstances where any deficiency established under the standards of this chapter is minor in nature and does not impair the habitability of the structure. Any temporary certificate of occupancy issued pursuant to the terms of this chapter shall expire within 90 days of the date of issuance thereof and shall not be renewable.
The visual inspection contemplated herein shall include but not be limited to the following:
For commercial properties and rental residential dwelling units, the Construction Official shall issue a certificate of continued occupancy if there are no noticeable violations to the latest edition of the International Property Maintenance Code published by the International Code Council, which is hereby adopted.
No certificate of continued occupancy shall be issued until the Zoning Officer certifies that the proposed use is a permitted use in the zone, the use is in accordance with all off-street parking requirements and the request meets the definition of "site plan, exempted."
No certificate of continued occupancy shall be issued until the Health Officer approves the following:
Receipt of a septic inspection report conducted not more than one year prior to the application from a reputable septic system inspection service company performed in accordance with the NJDEP manual entitled "Technical Guidance for Inspections of Onsite Wastewater Treatment and Disposal Systems," dated July 2003, as amended and supplemented, confirming that the system(s) is not malfunctioning pursuant to N.J.A.C. 7:9A-3.4(b). Holders of an NJDEP treatment works permit who are under the jurisdiction of the NJDEP are exempt from this requirement. For a change or intensification in use, an engineer's report may be required to demonstrate the septic system is in compliance with the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A).
Receipt from that the water test in accordance with and meeting the parameters specified in the NJ Private Well Testing Act (N.J.S.A. 58:12A-26 et seq.) from a state certified laboratory.
No certificate of continued occupancy shall be issued for a rental residential dwelling unit until the Construction Official receives a "Certificate of Smoke Detector, Carbon Monoxide Detector and Residential Fire Extinguisher Compliance" from the Fire Marshal.
When a certificate of continued occupancy is required by this chapter, no mercantile license shall be issued until such certificate is obtained.
When a certificate of continued occupancy is required by this chapter, no landlord identity registration shall be accepted until such certificate is obtained.
All certificates of continued occupancy shall be issued or denied within 21 days of the filing of the application. A certificate of continuing occupancy issued hereunder shall be valid for a period not to exceed 90 calendar days from the date of issuance or until the change in occupancy, whichever occurs first. If a certificate of occupancy is denied, the Construction Official shall state in detail the reasons for the denial.
An appeal of denial must be filed within 15 calendar days of receipt of the denial. If the basis of the denial involves a violation of the Uniform Construction Code, the appeal shall be taken to the Monmouth County Construction Board of Appeals. If the basis of denial involves a violation of the Health Code, the appeal shall be filed with the Board of Health. If the basis of the denial involves a zoning violation, the appeal shall be filed with the Zoning Board of Adjustment.
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.