Cliffside Park City Zoning Code
ARTICLE XII
Condominium Conversions
§ 18-12.1 Condominium Conversions; Documents Required.
[Ord. No. 2-2000]
Prior to the modification of any tax assessment cards of the Borough of Cliffside Park addressing condominium conversions, the developer and/or sponsor must supply the Cliffside Park Tax Assessor with the following documents:
a.
Department of Community Affairs approval or exemption to the condominium plan;
b.
Written approval from the Municipal Tax Assessor's office regarding numeric designations for each respective unit;
c.
Certified to be true copy of file master deed which has been filed with the Bergen County Clerk;
d.
Certified to be true copies of the survey certificates or survey plats respectively;
e.
Certified to be true copies of the filed articles of incorporation for the condominium association.
§ 18-12.2 Satisfactory Requirements are a Prerequisite to Obtaining a Certificate of Continued Occupancy.
[Ord. No. 2-2000]
Unless all of the aforestated requirements have been met, the Building Department of the Borough of Cliffside Park shall not issue a Certificate of Continued Occupancy nor Smoke Detector Certificate in regard to any real property transfer.
§ 18-12.3 Failure to Comply.
[Ord. No. 2-2000]
If sponsors and/or developers fail to adhere to the requirements herein, the sponsor/ developer and/or grantee shall be jointly and severally liable as follows:
a.
The municipality will not accept recorded deeds which improperly condominiumize any units and shall designate same as an improper or illegal subdivision.
b.
The Zoning Official shall issue summonses for the improper or illegal subdivision thus requiring a variance from the Zoning Board of Adjustment or Planning Board to legitimize the subdivision or density/subdivision requirements respectively.
c.
If it has been determined that the requirements of this article have not been satisfied, the sponsor/developer and/or grantee shall be jointly or severally fined in an amount not less than two hundred ($200.00) dollars per unit but, in any event not more than five hundred ($500.00) dollars per unit plus all costs associated to the Borough including, but not limited to Tax Assessor, Tax Collector and/or Borough Attorney's fees in an attempt to regulate these illegal condominium conversions.
d.
The registration requirement of this article shall be deemed to have commenced on November 1, 1999. Whereas, any condominiums created from that date to the adoption of this article shall have until July 1, 2000 to comply without penalty. Failure to comply during this amnesty period will result in the institution of the fines and penalties as stated herein.
e.
It shall be the obligation of the Cliffside Park Tax Assessor to notify the current grantee of any unit converted within this time period (November 1, 1999 through adoption April 4, 2000) by certified mail, return receipt requested, advising them of the illegal and/or improper conversion, enclosing a copy of this article and advising the respective parties that they have until July 1, 2000 to comply with the filing requirements herein.
§ 18-12.4 Severability of the Terms of the Article.
[Ord. No. 2-2000]
a.
If any provision of this article or the application of said provisions to any person or circumstances is declared invalid, such invalidity shall not affect the remainder of this article and, to this end, the provisions of this act are declared to be severable; and
b.
If any provision of this article or the application or such provisions to any person or circumstances is declared unconstitutional, same shall not affect the remainder; and
c.
All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistence of this article and to this end, the provisions of this act are declared to be severable.