Chapter 42. Certificates of Occupancy

CHAPTER 42 CERTIFICATES OF OCCUPANCY

§ 42-1. Title.

§ 42-2. Purpose.

§ 42-3. Conditions for issuance; local prior approval.

§ 42-4. Committee of Adjustments.

§ 42-5. Powers of Committee of Adjustments.

§ 42-6. Issuance of Temporary certificate.

§ 42-7. Applicability.

§ 42-8. Violations and penalties.

§ 42-9. Severability.

§ 42-10. Repealer.

§ 42-11. When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 11-12-79 as Ord. No. 0-79-39. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 42-1. Title.

This ordinance shall be known and may be cited as "Procedures for the Issuance of Certificates of Occupancy" and shall be typified as title in the Code of the Township of Gloucester.

§ 42-2. Purpose.

The purpose of this ordinance is to protect the public health, safety and welfare and to alleviate unsanitary living conditions, flooding, health hazards and inferior living conditions by establish­ing a procedure to uniformly administer the procedures in the issuance of certificates of occupancy so as to prevent the occupancy of new homes prior to the completion of certain off-site and on-site improve­ments.

§ 42-3. Conditions for issuance; local prior approval.

A. No certificate of occupancy shall be issued by the Construction Official to permit the use or occupancy of a building or structure within the affected lot unless and until the Construction Official has first filed with the Director of Community Development a written certification from the Township Engineer that:

1. All drainage requirements of the affected lot, and for all lots for which certificates of occupancy have been previ­ously issued, have been totally completed, including the errection and fencing of any and all retention basins which affect the drainage of the affected lot.

2. All paving requirements of the lot, and for all lots for which certificates of occupancy have been previously issued, shall be completed to the extent that the lot for which a certificate of occupancy is sought shall have a continuous roadway to a dedicated township, county or state highway, which roadway shall include curbing and street paving except the top finish street coat [Amended 2-25-80 by Ord.No. 0-80-6]

3. Street name signs are installed and maintained on the street on which the affected lot, and for all lots for which certificates of occupancy have been previously issued, faces, and the temporary signs may be installed pending receipt and installation of permanent signs.

4. All water, sanitary sewer, driveway, driveway apron, walkway, landscaping and lot grading requirements of the lot site of the constructed building or structure, and for all lots for which certificates of occupancy have been previous­ly issued, have been totally completed.

5. Shows proof of payment of all fees or costs for the installation of all streetlighting requirements of the approved subdivision; provided, however, that this certif­ication shall not be necessary until after the issuance of certificates of occupancy for the first fifty percent (50%) of buildings or structures constructed in the approved subdivision section.

6. All shade tree requirements of the affected lot, and for all lots for which certificates of occupancy have been previously issued, have been fully completed; provided, however, that this certification shall not be necessary until after the issuance of certificates of occupancy for the first seventy-five percent (75%) of the buildings or structures constructed in the approved section.

7. All recreation requirements of the approved subdivision have been totally completed; provided, however, that the certi­fication shall not be necessary until after the issuance of certificates of occupancy for the first ninety percent (90%) of the buildings or structures constructed in the approved subdivision.

B. The foregoing certification shall constitute a necessary local prior approval, which is a condition of the issuance of certificates of occupancy as required by N.J.A.C. 5:23-b.4 and 5:23-2.7(b)1(i).

§ 42-4. Committee of Adjustment.

There shall be a Committee of Adjustments consisting of the Construction Official, the Director of Community Development and the Mayor. A quorum shall consist of the Construction Code Official, the Director of Community Development and the Mayor.

§ 42-5. Powers of Committee of Adjustments.

The Committee of Adjustments shall have the power to:

A. [Amended 2-25-80 by Ord. No. 0-80-6] Hear and decide appeals when any of the following is alleged by an aggrieved party that:

1. Compliance with this ordinance is not possible because of the circumstances.

2. Compliance with this ordinance is not possible without causing unusual hardship to the aggrieved party or to the residents of the Township of Gloucester and that none of the parties are at fault.

3. Compliance with this ordinance may cause a purchaser of the home for which a certificate of occupancy is sought to forfeit a mortgage commitment.

B. Grant a waiver for any of the above reasons of any part or all of the requirements of this ordinance for a period of ninety (90) days, which may, for good cause shown, be extended for another such period.

§ 42-6. Issuance of temporary certificate.

In the event that the Committee of Adjustments shall grant a waiver of all or part of the requirements of this ordinance, the Construction Official may issue a temporary certificate of occupancy to the applicant for the structure or building, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such part or portions may be occupied safely prior to full completion of the building or structure without endan­gering life or public welfare. Such temporary certificate of occupancy shall not extend beyond the time as permitted in the waiver authorized by the Committee of Adjustments.

§ 42-7. Applicability.

This ordinance shall apply to major subdivisions as defined in Ordinance No. 0-83-26A, "The Land Development Ordinance of the Township of Gloucester.

§ 42-8. Violations and penalties.

Any person or corporation who shall violate a provision of this ordinance or who shall fail to comply with any of the requirements thereto shall, upon conviction, pay a fine of not more than five hundred dollars ($500.) or be liable to imprisonment for not more than sixty (60) days. Each day that a violation continues shall constitute a separate offense and be punishable by a like fine or penalty.

§ 42-9. Severability.

If any Article, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portion or provisions of this ordinance.

§ 42-10. Repealer.

All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistencies only.

§ 42-11. When effective.

This ordinance shall take effect immediately after final passage and publication in accordance with the laws of the State of New Jersey.

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Editor's Note: See Ord. No. 0-83-26A, The Land Development Ordinance of the Township of Gloucester.