These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. If an
applicant can clearly demonstrate that, because of peculiar conditions
pertaining to the land, the literal enforcement of one or more of
the regulations within this chapter is impracticable or will exact
undue hardship, the appropriate municipal agency may permit one or
more exceptions as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenants or otherwise, in any building or premises where such violations have been committed or shall exist, and who refuses to abate such violation within five days after written notice has been served, either by registered mail or by personal service, shall be subject to a fine as set forth in §§ 150-103 and 150-104.
A.
A certificate of occupancy issued by the Construction
Official is required for both initial occupancy and the continued
occupancy and use of the building or land to which it applies, as
follows:
(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.
A certificate of occupancy shall be issued only when:
(1)
The structure or part(s) thereof and the proposed
use of the structure(s) and land conform to this chapter and all other
applicable codes and ordinances of the Township;
(2)
Prior conditional use, site plan, subdivision and
variance approvals have been granted by the appropriate municipal
agency in accordance with the provisions of this chapter and the proposed
structure or part(s) thereof and the proposed use of the structure(s)
and land comply with all conditions and requirements imposed as part
of such approvals;
(3)
All local taxes and assessments on the property have
been paid; and
(4)
A letter from each utility company has been received
by the Township, stating that the utility has been inspected and installed
in accordance with the approved plan and is ready for use.
C.
A fee shall be charged for each certificate of occupancy
in accordance with the Fee Ordinance of Cranbury Township.
D.
A certificate of occupancy shall be granted or denied,
in writing, within 20 days from the date that a written notification
is filed with the Construction Official that the erection of the structure
is completed, unless additional time is agreed upon by the applicant,
in writing. If the application is denied, the Construction Official
shall state the reason for such denial on two copies of the application
and return one copy to the applicant.
E.
In any subdivision or site plan that has received
final approval, a certificate of occupancy shall be issued only upon
completion of such portion of the following improvements as may be
deemed by the Township Engineer to be needed to serve the premises
offered for occupancy:
(1)
Curbs.
(2)
All utilities.
(3)
Water supply and sewerage treatment facilities serving
the property in question.
(4)
Storm drainage facilities.
(5)
Base course of the street or streets serving the property.
(6)
Base course of driveways and parking areas.
(7)
Street names and traffic regulatory signs.
(8)
The provision of an as-built grading plan.
F.
With respect to any individual residential lot within
a subdivision, a certificate of occupancy shall be issued only upon
the completion of the following improvements, in addition to those
listed hereinabove, to the extent that the same are required as part
of a subdivision or site plan approval or as required by the Township
Engineer for an individual residential lot or dwelling unit:
G.
The Township Engineer shall submit a favorable report
to the Township Construction Code Official for the individual residential
dwelling unit prior to the issuance of a Certificate of Occupancy
by the Township Construction Code Official.
H.
A copy of any issued certificate of occupancy shall
be kept on file at the premises affected and shall be shown to the
Construction Official upon request.
I.
A temporary certificate of occupancy may be issued
by the Construction Official for any structure or use for which approval
has been granted although not all conditions of said approval have
been complied with. Such temporary certificate of occupancy shall
be issued only in extenuating circumstances and only subject to specific
terms and conditions, including but not limited to a timetable for
achieving full compliance with all such conditions for the completion
of all required improvements and the receipt of a performance guaranty
assuring the installation of the improvements as indicated on the
approved plat or plan.
J.
No approval shall be issued for the framing of any
modification or alteration of existing construction where said modification
or alteration exceeds 500 square feet or for any new construction
until certification has been provided over the seal of a licensed
land surveyor that the finished floor elevation of the first floor
is at the elevation set forth in the approved plans for said premises.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted; or any building,
structure or land is used in violation of or contrary to the provisions
of this chapter, the Township may institute an action to enjoin or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
A.
Any person, firm or corporation violating any provisions
of this chapter shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not exceeding
$500, as such court, in its discretion, may impose; or, if the party
so convicted is a natural person, such person may be imprisoned for
such term not exceeding 90 days, as such court in its discretion may
impose, or be fined a sum not exceeding $500, as such court in its
discretion may impose, or such natural person may be both imprisoned
and fined not exceeding the maximum limits set forth herein, as such
court in its discretion may impose. Each day that such violation continues
beyond a ten-day period following written notice by the Construction
Official or the Zoning Officer served by certified or registered mail
or personal service shall constitute a separate offense.
B.
The owner of any building or structure, lot or land
or part thereof and/or the tenant or occupant of any building or structure,
lot or land or part thereof where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of such violation shall each be guilty of a separate
violation and, upon conviction thereof, shall each be liable to the
fine or imprisonment, or both, specified hereinabove.
If, before final subdivision approval has been
granted, any person, as owner or agent, transfers or sells or agrees
to transfer or sell any land which forms a part of a subdivision for
which municipal approval is required in accordance with the provisions
of this chapter, except pursuant to an agreement expressly conditioned
on final subdivision approval, such person shall be subject to the
requirements of N.J.S.A. 40:55D-55.
