[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 4-6-1964 by Ord. No. 1964-4. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 14.
[Amended 3-6-1978 by Ord. No. 1978-3; 8-3-1987 by Ord. No. 1987-7]
It shall be unlawful to use or permit the use
of or occupy any buildings or premises or parts thereof hereafter
created, located, erected, changed, altered, converted or enlarged
wholly or partly until a certificate of occupancy has been issued
for those premises in accordance with the requirements of the Construction
Code adopted pursuant to the State Uniform Construction Code Act.[1] The certificate shall certify that the structure or use
complies with the provisions of this ordinance and that the applicant
has complied with or has satisfactorily demonstrated waiver from any
and all conditions imposed upon the applicant by any reviewing authority,
be it local, county or state; and no certificate shall be issued unless
and until the applicant has fully complied with all applicable provisions
of this chapter and any other applicable law or regulation. Such occupancy
permits shall be granted or denied within 10 days from the date that
a written application is filed with the Construction Official, stating
that the erection or alteration is completed. The fees for such applications
shall be set forth in the Construction Fee Schedule adopted pursuant
to the State Uniform Construction Code Act.[2]
[Amended 5-6-1968 by Ord. No. 1968-2; 3-6-1978 by Ord. No. 1978-3]
On the serving of notice of any violation of
any of the provisions or requirements with respect to any building
or use thereof or of land, as specified in this chapter, the certificate
of occupancy for such use shall thereupon, without further action,
be null and void unless the holder thereof shall, within 48 hours
of the receipt of said notice, request a hearing thereon. If a hearing
is requested, the Construction Official shall designate a time and
place for such a hearing and give the holder of the certificate of
occupancy at least 10 days' notice thereof in writing addressed to
him at the address listed in the application for said permit. At said
hearing, the enforcing agency shall hear the holder of said permit
and any other persons in interest and shall determine whether or not
any provisions of this chapter have been violated. The enforcing agency
may notify the holder of the permit at that time of its determination
or may notify said holder in writing within 10 days of the hearing.
Upon notification either orally or in writing by the Construction
Official that a violation of this chapter has been found, the certificate
of occupancy shall be null and void.
[Amended 3-6-1978 by Ord. No. 1978-3]
A duplicate copy of the certificate of occupancy
shall be filed with the Tax Assessor. A record of all certificates
of occupancy shall be kept in the office of the Construction Official.
Copies shall be furnished, on request, to the Planning Board or to
any person having a proprietary or tenancy interest in the building
or land affected.
It is recognized that it may be in accordance
with the purposes of the chapter to permit temporary activities for
a limited period of time, which uses may be prohibited by other provisions
of this chapter. If such uses are of such a nature and are so located
that at the time of petition they will in no way exert a detrimental
effect upon the uses of land and activities normally permitted in
the zone or contribute materially to the welfare of the Township,
particularly in a state of emergency, under conditions peculiar to
the time and place involved, then the Zoning Board may issue a permit
for a period not to exceed six months. Such period may be extended
not more than once for an additional period of six months.
[Amended 3-6-1978 by Ord. No. 1978-3]
To the extent that any term or provision of Chapter 12 conflicts with or otherwise affects the terms and enforcement of the State Uniform Construction Code Act or the regulations promulgated pursuant thereto,[1] the terms and enforcement of said State Uniform Construction
Code Act and its regulations shall be deemed controlling.
[1]
Editor's Note: "The regulations" refers to
the regulations established by the Commissioner of the Department
of Community Affairs.
[Added 11-29-2017 by Ord.
No. 2017-17]
Every owner, property manager, agent or responsible party must
apply to the Township Zoning Office for a continuing certificate for
the sale, transfer, or change in occupancy for any existing commercial
building.
[Added 11-29-2017 by Ord.
No. 2017-17]
The applicant shall complete a zoning permit application, a
nonrefundable application fee of $100, and a firesafety use registration
form, no fee. The Zoning Officer will review both forms and advise
as to whether there is a use change requiring further action on the
part of the Zoning Officer. The applicant will also sigh an affidavit
stating that they agree to comply with all zoning, land use and safety
requirements in effect.
[Added 11-29-2017 by Ord.
No. 2017-17]
If the Zoning Officer approves the permit, the Fire Prevention
Office will do an inspection to ensure the new occupant and/or use
is compliant with the State of New Jersey Fire Safety Code.
[Added 11-29-2017 by Ord.
No. 2017-17]
Nothing contained herein shall alter the owner, property manager, agent or responsible party's obligation to fully comply with the Uniform Fire Code as referenced in Chapter 21A, Fire Prevention, prior to any occupancy.
[Added 11-29-2017 by Ord.
No. 2017-17]
Failure of the owner, property manager, agent or responsible
party to comply with the terms of this chapter will result in a minimum
fine of $500 for the first offense and a minimum fine of $1,000 for
every subsequent offense. Each other offense will carry a minimum
fine of $1,000. The Bureau of Fire Prevention will maintain a list
that they will regularly audit to ensure compliance.
