Cresskill City Zoning Code
ARTICLE XVIII
Enforcement and Penalties
§ 275-73 Building permits.
[Amended 12-15-2004 by Ord. No. 04-10-1286; 11-5-2008 by Ord. No. 08-23-1365; 9-7-2011 by Ord. No. 11-17-1419]
Permits for conforming one-family dwellings shall not require the approval of the Planning Board or the Zoning Board of Adjustment. No building, structure or sign in any zone shall be erected, added to or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. All applications for new construction involving any bulk variances shall require the approval of the Planning Board. This provision shall also apply to all use variances, expansions or additions to existing nonconforming structures, even if such expansions or additions conform with all the provisions of this chapter. All such applications shall require the approval of the Zoning Board of Adjustment. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullifications thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. See § 275-77 for penalties.
A.
Every application for a building permit shall be accompanied by a fee established pursuant to Chapter 101, Construction Codes, Uniform, and by a plot plan and complete construction specifications drawn to scale, showing:
(1)
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building.
(2)
The block and lot numbers as they appear on the official assessment map.
(3)
The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
B.
Applications for the construction of new buildings shall be accompanied by an accurate survey prepared by an engineer or land surveyor licensed by the state.
C.
No building permit shall be issued for the construction or alteration of any building upon a lot abutting a dedicated street unless such street or that portion thereof which abuts the lot is fully improved to the satisfaction of the Planning Board and Mayor and Council. No building permit shall be issued for the construction or alteration of any building upon a landlocked lot, that is, one which does not abut a dedicated street, unless such lot has direct legal permanent access to a street fully improved to the satisfaction of the Planning Board and Mayor and Council.
D.
No building permit shall be issued for the construction or alteration of any building costing $2,000 or more unless the plans and specifications therefor are prepared by an architect or a professional engineer licensed by the state.
E.
No building permit shall be issued for any building where the site development plan of such building is subject to approval by the Planning Board, except upon approval of such plans by the Board.
F.
No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the Planning Board, unless and until such approval has been duly granted by the Board.
G.
The application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the Building Inspector shall return one copy of all documents filed to the applicant.
H.
Except where otherwise specified in this chapter, the Building Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing the reasons for such denial.
I.
Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other Borough regulations affecting subject property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of either above period an additional six months, following which no further work is to be undertaken without a new building permit.
J.
Inspection requirements:
(1)
Stake inspection: required after permit is issued and prior to digging the footings. A stake location survey must be submitted prior to this inspection.
(2)
Footing inspection: required by state code prior to pouring of concrete.
(3)
Foundation inspection: required by state code prior to backfilling around foundation. Footing drains are to be installed and area around footings is to be cleaned for new construction. A foundation location survey is required before backfill and framing begins. Top of foundation elevation must be shown; foundation and all walls up to grade level prior to backfilling.
(4)
Interior slabs: garage, cellar, etc.
(5)
Prior to the installation of any roof sheathing or any other material enclosing the roof trusses, a copy of as-built drawings shall be submitted to the Construction Code Official for the purposes of verifying that the building height does not exceed the permitted height pursuant to any approvals or building requirements. Said drawings shall be submitted once the building framing has been completed to the roof peak, and no further construction on the roof shall be permitted until such time as the height is verified.
(6)
Frame inspection: required by state code. Rough frame inspection cannot be conducted until the rough electrical, rough plumbing and mechanical inspections have been completed and passed; NO EXCEPTIONS.
(7)
Insulation inspection: required by state code.
(8)
Final inspection: required by state code. All interior and exterior work is to be completed. All electric, plumbing and fire final inspections are to be done. All engineering and site work is to be completed. Required signatures from appropriate inspectors must be obtained.
§ 275-74 Certificates of occupancy.
[Amended 11-5-1986 by Ord. No. 86-32-949]
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Code Official:
(1)
Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.
(2)
Any change in the use or occupancy of an existing, nonresidential building.
(3)
Any change in the use or occupancy of any land.
(4)
Any change in the use of a nonconforming use.
(5)
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Code Official:
[Added 4-7-1993 by Ord. No. 93-7-1087]
(6)
Rental/lease units. No owner or occupant of real property located in the Borough of Cresskill shall license, rent, lease, sublease, sublet or otherwise allow occupancy for remuneration of any portion of real property unless a certificate of continued occupancy for same has been obtained from the Construction Code Official and Fire Subcode Official.
[Added 8-10-2016 by Ord. No. 16-09-1488]
(a)
Any application pursuant to this section must be made at least 10 days prior to occupancy.
(b)
No building or portion thereof shall be licensed, rented, leased, subleased, sublet or otherwise occupied to remuneration for residential purposes for a period of less than 30 days.
[Amended 11-2-2016 by Ord. No. 16-13-1492]
(c)
Inspection. Before a certificate of continued occupancy shall be issued, the Construction Code Official and Fire Subcode Official shall make an inspection of the premises to determine whether the certificate may or may not be issued.
(d)
Violations. If an owner or occupant of property in the Borough of Cresskill fails to obtain a certificate of continued occupancy, as required by this section, the property owner and occupant shall each be subject to a fine of $1,000 per day. Each day a violation continues beyond the date fixed for compliance in the notice provided for herein shall constitute a separate offense.
(e)
As used in this section, the word “occupant” refers to any person or entity that desires to act as licensor, landlord, sublandlord, lessor, sublessor, or who in any way desires to allow further occupancy of any portion of real property for remuneration of any kind.
B.
No certificate of occupancy shall be issued for any conditional use of a building or of land requiring the approval of the Planning Board, as specified in §§ 275-8, 275-19, 275-24, 275-29 and 275-80, unless and until such conditional use has been duly approved by the Board. Every certificate of occupancy for a conditional use or in conformance with a duly granted variance granted by the Board of Adjustment shall contain a detailed statement of such conditional use or variance and of any conditions to which the same is subject.
C.
Application for a certificate of occupancy, on a form furnished by the Building Inspector, for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and shall be accompanied by a certified “as built” survey prepared by a land surveyor licensed by the state, showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the application, but only provided that all requirements of this chapter and of all other applicable codes and ordinances in effect are complied with.
[Amended 12-15-2004 by Ord. No. 04-10-1286]
D.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building Inspector within 10 days after receipt of a written application therefor. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing.
E.
Inspections.
[Added 4-7-1993 by Ord. No. 93-7-1087]
(1)
The Construction Official shall issue a certificate of occupancy for a residential dwelling if inspection establishes that:
(a)
There are no visible safety problems, such as missing hand- or guardrails, or smoke detectors or visible safety defects.
(b)
There has been no illegal work performed without permits and inspections.
(c)
No illegal conversions have been made, i.e., one-family to two-family or two-family to three-family homes, etc.
(2)
The purpose of this change is to ensure that there are no violations of either the zoning or building codes; specifically to check to see that no illegal conversions of single-family homes to two-family and to check for safety violations.
(3)
The fee for such inspection shall be $50, payable to the Borough of Cresskill. Twenty-five dollars shall be remitted to the Construction Official upon verification of inspection and issuance of a certificate of occupancy.
[Amended 1-18-1995 by Ord. No. 95-1-1117]
F.
Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter.
G.
A certificate of occupancy shall be required for both initial and continued occupancy and use of the building or land to which it applies, as certified.
H.
A certificate of occupancy shall be required of all nonconforming uses.
(1)
Such certificate shall specify each condition or use not conforming to this chapter.
(2)
A new certificate shall be required if there is any change in use or ownership from that specified.
(3)
The Building Inspector shall issue such certificate if inspection establishes that no provision of this chapter has been violated.
I.
A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Borough or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 275-75 Sign permits.
A.
Except as otherwise provided in Article XIII, no sign shall hereafter be erected, constructed or altered except as provided by this chapter and until a permit for the same shall have been issued by the Building Inspector on an application made, in writing, upon forms furnished by the Borough Clerk, which shall include a sketch of the proposed sign, together with such other pertinent information as may be required for a complete understanding of the proposed work, such as dimensions of the sign, the materials incorporated in its construction, the methods and materials used to support the sign, type of illumination, if any, and its exact location on the building or premises. The plans shall show the location of adjacent windows, doors and fire escapes and area of facade upon which the sign is to be placed. The application shall be accompanied by the written consent of the owner or lessee of the property.
§ 275-76 Duties of Building Inspector.
A.
It shall be the duty of the Building Inspector to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B.
The Building Inspector or his duly authorized assistants shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of their duties.
(1)
The Building Inspector shall notify the owner and tenant before conducting any inspection.
(2)
The Building Inspector or his duly authorized assistants shall display identification, signed by the Mayor, upon commencing an inspection.
(3)
Inspections shall be commenced in the presence of the owner or his representative or tenant.
C.
The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits, along with plans submitted therewith, as well as final certificates, permits or record of application disposition.
D.
The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.
§ 275-77 Violations and penalties.
A.
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be subject to punishment as provided herein.
B.
The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be subject to punishment as provided herein.
C.
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be subject to punishment as provided herein.
D.
Each and every day that any such violation continues beyond five days after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Inspector. It shall be served by registered mail or certified mail or by personal service.
E.
Each person or corporation convicted of such violation shall be subject to a penalty of not more than $500 or to imprisonment for not more than 90 days, or both, for each offense. In addition, a guilty party shall pay all costs and expenses incurred by the Borough in determining such violation.
F.
The imposition of penalties herein prescribed shall not preclude the Borough or any person from instituting appropriate legal action or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, structure or premises.
G.
Any person or corporation receiving any code enforcement letter or notice shall be charged a fee of $3.75 for each letter or notice received.
[Added 11-4-1981 by Ord. No. 81-25-806; 6-21-1988 by Ord. No. 88-8-985; 2-20-1990 by Ord. No. 902-1025]