Cranbury City Zoning Code
ARTICLE IX
Administration, Enforcement Violations and Penalties
§ 150-100 Administration.
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.
§ 150-101 Enforcement.
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.
§ 150-102 Certificates of occupancy.
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.
§ 150-103 Violations.
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.
§ 150-104 Penalties.
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.
§ 150-105 Selling land before final subdivision approval.
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.