Borough of Haledon, NJ Article VIII Administrative Provisions; Penalty

§ 405-56 Plats to accompany building permit applications.

All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the location of the building upon the lot, the dimensions of all open spaces, the dimensions and location of off-street parking area and the established building lines.

§ 405-57 Effect on previously approved construction.

Nothing herein contained shall require any change in the plan, construction or designated use of a building for which a building permit has been heretofore issued or plans for which are on file with the Building Inspector or Construction Code Official or any other official so designated by the Mayor and Council at the time of the passage of this chapter and which entire building shall have been completed, according to such plans as filed, within one year from the date of passage of this chapter.

§ 405-58 (Reserved) [1]

[1] Editor's Note: Former § 405-58, Certificates of occupancy, was redesignated as § 405-58.1 4-22-2015 by Ord. No. 3-11-2015.

§ 405-58.1 Certificates of occupancy.

A. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever, except for the alteration of or addition to a dwelling, until a certificate of occupancy shall have been issued by the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council, stating that the premises or building complies with all the provisions of this chapter.

B. No change of use and no alteration shall be made in a nonconforming use or premises without a certificate of occupancy having first been issued by the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council, stating that such change or alteration is in conformity with the provisions of this chapter.

C. A certificate of occupancy shall be applied for at the time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed. A record of all certificates shall be kept on file at the office of the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

D. No permit for excavation shall be issued before application has been made for a certificate of occupancy. No building or premises for which a certificate of occupancy is required may be occupied until a certificate shall have been issued.

E. Whenever there shall be a vacancy in any premises, there shall be no reoccupancy thereof unless a certificate of occupancy has been obtained from the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council. Whenever there shall be a change in the use of any land or premises, there shall be no occupancy of the land or premises unless a certificate of occupancy has been obtained from the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council. The Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council shall issue a certificate of occupancy upon the payment to the Borough of a fee of $25 and only after the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council has inspected the lands and/or premises to determine whether the lands and/or premises comply with the applicable ordinances of the Borough. No landlord shall permit occupancy of nor shall any person occupy such lands and/or premises without a certificate of occupancy having been so issued.

[Amended 5-8-1991 by Ord. No. 4-10-91]

§ 405-58.2 Zoning certificate of compliance.

[Added 4-22-2015 by Ord. No. 3-11-2015]

A. Enforcement.

(1) Zoning Officer. It shall be the duty of the Zoning Officer and his or her staff to administer and enforce this chapter. No structure shall be erected without a building permit and a zoning certificate of compliance and no structure or lot shall use or have its use changed so as to be in violation of this chapter. In no case shall a building permit be issued for the construction or alteration of any structure nor shall a certificate of occupancy be issued for a new occupant with a new use, or new use by the present occupant, until the proposed construction or alteration or use conforms to the provisions of this chapter, including the issuance of a zoning certificate of compliance. It shall be the duty of the Zoning Officer to cause any structures, plans or premises to be inspected or examined and order the owner in writing that any condition be remedied which is found to exist in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer to keep a record of all applications and all permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Borough public records.

B. Zoning certificate of compliance.

(1) Issuance. No property or building subject to a change of use, or change in ownership, in whole, or in part, shall be occupied or used for any purpose, and no certificate of occupancy, building permit, demolition permit, or similar permit shall be issued and no site improvements, including excavating or construction or private improvements shall be commenced, until the Zoning Officer of the Borough of Haledon has issued a zoning certificate of compliance for such property. If the subject property complies with all provisions of the Zoning Ordinance, the Zoning Officer shall issue the zoning certificate of compliance within 10 business days of receiving a complete application and evidence that all taxes have been paid on the subject property. Otherwise, the Zoning Officer shall deny the application within the ten-day period, citing the reason or reasons for such denial. An appeal of denial must be filed within 20 calendar days of receipt of the denial. Such appeal shall be filed with the Planning Board, notifying the Zoning Officer at the same time.

(2) Exemptions. Any change of ownership which is exempt from the payment of the realty transfer tax imposed under the New Jersey Public Law 1968, c. 49,[1] as amended, by reason of a deed for a consideration of less than $100; which confirms or corrects a deed previously recorded; between husband and wife, parent and child; by an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent's estate in accordance with the provisions of the decedent's will or the intestate laws of the State of New Jersey; or recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee, shall be exempt from the requirements of this section.

[1] Editor's Note: See N.J.S.A. 46:15-5 et seq.

(3) Responsible party. The responsibility for obtaining a zoning certificate of compliance rests with the current owner of the property. Transfer of title to real property may be permitted by the Zoning Officer provided the purchaser certifies in writing to the Zoning Officer that the purchaser shall correct all violations upon which the denial of the zoning certificate of compliance was based in a reasonable time and provided further that the purchaser and seller have established a reasonable escrow for the correction.

(4) Notification. To assist in the enforcement of this section, a notice shall be included on all tax searches and added assessment searches prepared by the Tax Collector of the Borough of Haledon, stating that a zoning certificate of compliance is required for a change in use or sale of real property within the Borough of Haledon; provided, however, that a failure to offer such notice shall not constitute a defense for the failure to obtain a zoning certificate of compliance.

C. Fees.

(1) The fee for a zoning certificate of compliance shall be $100.

§ 405-59 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it the intention of this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by existing provisions of laws or ordinances or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.

§ 405-60 Enforcement; violations and penalties.

A. This chapter shall be enforced by the Building Inspector, Construction Code Official or any other official so designated by the Mayor and Council, who is empowered to cause any building, structure, plans or premises to be inspected or examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of these regulations.

B. The owner or agent of a building or premises where a violation of any provisions of these regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist, shall, for each and every violation of this chapter, be imprisoned in the Passaic County Jail for a period not exceeding 30 days or be fined not exceeding $200, or both. Each day that a violation is permitted to exist shall constitute a separate offense.