§ 200-252. Certificate of occupancy.  


Latest version.
  • Upon the completion, in compliance with all the provisions of this Part 4, of any building or alteration, provided that the approved building permit as described herein shall have been issued, the owner or the owner's agent shall apply to the Construction Official, in writing, for the issuance of a certificate of occupancy pursuant to the provisions of this section.
    A. 
    Unlawful occupancy. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Official:
    (1) 
    Occupancy and use of a building erected, reconstructed, restored, altered or moved or any change in use of an existing building.
    (2) 
    Occupancy, use or any change in use of vacant land, other than agriculture.
    (3) 
    Any change in use of a nonconforming use.
    (4) 
    Occupancy and use of any enlargement to an existing structure.
    B. 
    Conditional use approval prior to certificate of occupancy. No certificate of occupancy shall be issued for any conditional use of a building or of land requiring conditional use approval by the Planning Board or for any land or site requiring site plan approval has been granted or in connection with which a variance has been granted by the Board of Adjustment and shall contain a detailed statement of any condition to which the same is subject.
    C. 
    Certificate of occupancy application procedure. Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Construction Official after erection of such building or part thereof has been completed in conformity with the provisions of this Part 4 and all other applicable regulations. In the case of a new building, such application shall be accompanied by an accurate plot plan, acceptable to the Construction Official, or by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
    (1) 
    As a condition precedent to the issuance of a certificate of occupancy for a new building, pursuant to the State Uniform Construction Code, an as-built lot grading plan prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official and the Township Engineer bearing a certification that the lot grading complies with the proposed lot grading plan as approved or as amended and approved by the Township Engineer.
    [Added 4-20-1990 by Ord. No. 90-12]
    (2) 
    The as-built plan shall be prepared with the contours at one-foot intervals and shall include the building footprint, finished first floor elevation and ground elevations at all lot corners, all building corners, vehicle entrance to the garage, drainage swale inverts between adjacent interrupted landscape berms, top of curb adjacent to property corners, edge of Township-owned sidewalk adjacent to property corners and at the center of the driveway, inlet grate elevations (private and Township-owned) and all high points on the lot. The invert and surrounding ground elevation shall be shown for sanitary sewer clean-outs and for sump pump discharge line cleanouts. The plan shall also show the location of the septic system, lateral inverts, D-box outlet inverts and septic tank lid elevation, if applicable. All proposed ground elevations shown on the approved grading plan shall be included on the as-built plan.
    D. 
    Issuance of certificate of occupancy. If the proposed use is in conformity with the provisions of this Part 4 and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Construction Official within 10 days after receipt of a properly completed application. If the certificate of occupancy is denied, the Construction Official shall state the reasons, in writing, to the applicant.
    E. 
    Fee. Every application for a certificate of occupancy, a temporary certificate of occupancy or certificate of compliance shall be accompanied by the required fee. The amount of such fee shall be as set forth in Chapter 82, Fees, of this Code.
    F. 
    Effect of certificate of occupancy. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies.
    G. 
    Record of certificate of occupancy. A record of all certificates of occupancy shall be kept in the office of the Construction Official and copies shall be furnished on request to any agency of the Township or to any persons having a proprietary or tenancy interest in the building or land affected.