[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 2-27-1969 by Ord. No.
69-1. Amendments noted where applicable.]
Certificates of occupancy shall hereafter be required for all new buildings constructed in the Borough of Clayton and shall also be required prior to human occupancy for all existing buildings upon a change in ownership or a change in tenants or upon a change or alteration in the physical structure of a building or upon a change in use as contemplated in Chapter 88, Unified Development, as amended.
[Amended 7-28-1977 by Ord. No. 77-12]
A.
Certificates of occupancy shall be obtained by the owner of the building
to be inhabited from the Occupancy Administrator of the Borough of
Clayton. The owner shall be deemed to be the seller of the building
for both new and existing construction. The buyer may waive the seller's
responsibility to obtain a certificate of occupancy and may assume
said responsibility if such waiver is in writing and states that the
buyer is fully aware that he is assuming full responsibility for obtaining
said certificate. Preferably, the waiver should be submitted to the
Occupancy Administrator prior to settlement.
B.
In the case of new construction or the alteration of an existing
building, the certificate shall be applied for coincident with the
application for a construction permit and shall be issued within 10
days after the erection or alteration of such building or part thereof
shall have been completed in conformity with the applicable provisions
of the Code of the Borough of Clayton.
C.
A certificate of occupancy for the use or occupancy of vacant land,
for a change in the use of land or for a change in the use of an existing
building shall be applied for and shall be issued within 10 days after
the application has been made and before any such land or building
shall be occupied or used, provided that such are in conformity with
the provisions of applicable Borough ordinances.
[Amended 7-28-1977 by Ord. No. 77-12; 12-14-1989 by Ord. No. 89-17.]
A.
Upon the completion of the erection, location or alteration of any building or portion thereof for which a construction permit shall have been issued by the Borough of Clayton construction code enforcing agency, but prior to the use or occupancy of such building or alteration, the holder of the permit shall notify the Occupancy Administrator of such completion, whereupon the Occupancy Administrator shall inspect the premises and, upon ascertaining that the erection, location or alteration referred to in the construction permit has been completed in conformity with said permit and the terms and provisions of Chapter 88, Unified Development, shall issue a certificate of occupancy stating that said work has been inspected by him and approved as in conformity with all zoning requirements of the Borough. Such certificate shall be endorsed by the Zoning Officer and the Construction Official.
B.
Upon construction of any new building for which a certificate of
occupancy is requested which is part of a major subdivision or other
development for which bonded site improvements have been required
by applicable provisions of the Code of the Borough of Clayton, a
certificate of occupancy shall only be issued for a specific building
within said major subdivision or other development when the installation
of curbs, sidewalks, utilities, functioning water supply and sanitary
sewage facilities, necessary storm drainage to ensure proper drainage
of the lot and surrounding land, rough grading of lots, soil stabilization
and base course for the street have been installed to serve the lot
and building for which the permit is requested. Other required site
improvements which have not been completed, including final course
paving, shade trees, final landscaping, streetlighting and the like,
shall be listed as incomplete on the certificate of occupancy, with
a statement that the installation of such items is the obligation
of the developer, at his expense, to be completed in accordance with
his construction schedule for the remainder of the development. Said
statement shall include a provision that the developer and the prospective
purchaser of the building request issuance of the certificate of occupancy
subject to the outstanding items and shall be signed by the developer
and prospective purchaser.
[Amended 7-28-1977 by Ord. No. 77-12]
It shall be the duty of the Construction Official and the Zoning
Officer, upon request of the owner, to make inspections at any stage
of the erection or alteration of a building or structure, but the
failure of said officials to make such inspections shall not in any
manner entitle the owner to a certificate of occupancy if such erection
or alteration, when completed, does not conform to applicable provisions
of the Code of the Borough of Clayton.
[Added 7-11-2002 by Ord.
No. 12-02]
A.
Every property shall have carbon monoxide detectors installed on
every floor.
B.
Every exterior door shall have a thumb screw lock installed on the
same.
C.
Every multifamily housing unit shall have an interconnected hard-wired
smoke detector system for every floor.
D.
Every wood stove shall have a construction permit issued prior to
installation and a certificate of approval after installation from
the Construction Official.
E.
Every property shall have GFIC outlets/breakers for all kitchen and
bathroom areas.
F.
Every property shall be free of all hazards that may cause harm or
endanger the life or health of the occupants.
G.
Every property not connected to municipal water and/or sewer must
have certifications for said systems.
(1)
The water certification, at a minimum, shall declare the water safe
for human consumption from a certified laboratory and within the required
state guidelines for human water consumption.
(2)
The septic system and/or cesspools shall be certified by a duly approved
and/or licensed person or business entity that the system is in good
working condition with no obvious problems.
Approval or disapproval for occupancy shall be based on applicable
Borough ordinances and laws of the State of New Jersey.
Refusal by any official to issue a certificate of occupancy
must be in writing and shall state the reasons for refusal and shall
also state the particular Borough ordinance or law of the State of
New Jersey pertaining to such refusal.
[1]
Editor's Note: Former § 45-7, Failure to state
reasons for refusal shall constitute approval, was repealed 7-28-1977
by Ord. No. 77-12.
Appeal from any refusal to grant a certificate of occupancy
shall be to the Borough Council at its next regularly scheduled meeting,
and the Borough Council shall uphold or reverse such refusal by a
majority vote, with the Mayor voting in the case of a tie.
[Amended 7-28-1977 by Ord. No. 77-12]
The Occupancy Administrator shall maintain all records of certificates
of occupancy and shall be the person charged to notify the requesting
party of any approval or disapproval.
[Amended 8-26-1976 by Ord. No. 76-5; 7-28-1977 by Ord. No. 77-12; 5-10-1979 by Ord. No. 79-4; 8-14-1986 by Ord. No. 86-14; 4-12-1990 by Ord. No. 90-3; 7-9-1998 by Ord. No. 11-98; 12-22-2005 by Ord. No. 24-2005; 7-8-2010 by Ord. No. 8-2010]
The Occupancy Administrator shall collect a fee of $65 per unit.
For multiple units, the first unit shall be $65 and $50 thereafter.
The Occupancy Administrator shall deposit all fees received with the
Borough Treasurer.
