Delaware City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 230-127 Filing of all subdivision plats.
A.
Subdivision plat filing. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the municipal agency as indicated on the instrument by the signature of the Chairman or Vice Chairman and Secretary or Assistant Secretary of the municipal agency or a certificate of subdivision approval has been issued pursuant to this chapter. The signatures of the Chairman or Vice Chairman and Secretary or Assistant Secretary of the municipal agency shall not be affixed until the developer has posted the guarantees required pursuant to this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
B.
Plat filing. It shall be the duty of the County Recording Officer to notify the municipal agency in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
§ 230-128 Penalty for selling before approval.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed to be a separate violation of this chapter.
§ 230-129 Suits.
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of subdivision approval has not been issued pursuant to § 230-131 of this chapter.
§ 230-130 Lien.
In any such action as described in § 230-129 above, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid as well as reasonable costs for the title search, survey expenses and title closing expenses, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years, if it has not been recorded.
§ 230-131 Certificate of subdivision approval.
A.
Application for certificate of subdivision approval. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of a subdivision three years preceding August 1, 1976, may apply in writing to the Administrative Officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof. The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Administrative Officer shall keep a duplicate copy of each such certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent office record.
B.
Issuance of certificate of subdivision approval. Each such certificate shall be designated a "Certificate as to Approval of Subdivision of Land," and shall certify:
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision, or whether such subdivision, if it has not been approved by the Planning Board, is statutorily exempt pursuant to the Municipal Land Use Law from the requirement for Planning Board approval.
C.
Certificate of subdivision approval fee. The cost for each such certificate shall be as specified in Article XV of this chapter and shall be payable to the Township of Delaware.
D.
Right of owner of land covered by certificate.
(1)
Any person who shall acquire for a valuable consideration an interest in the lands covered by any certificate of subdivision approval in reliance upon the information therein contained shall hold such interest, free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of this chapter.
(2)
If the Administrative Officer fails to issue such certificate within 15 days after receipt of an application and the fee therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to this chapter.
(3)
Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper Administrative Officer and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
§ 230-132 Construction and/or zoning permit required.
[Amended 6-24-2019 by Ord. No. 2019-15]
Except for agricultural uses, it shall be unlawful for any person, corporation or agent to construct, move, alter or change the use of any building or use of any land without first applying for a construction permit, a zoning permit, or both, as may be applicable. The provisions of this chapter shall be administered and enforced by the Construction Code Official, except that the Zoning Officer of the Township of Delaware shall have jurisdiction with respect to issues of use and zoning. In no case shall a construction permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Construction Code Official, Zoning Officer or his, her or their duly authorized assistants to cause any building plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter, and they shall have the right to enter any building or premises during the daytime in the course of their duties.
A.
Applications for construction permits. Applications for construction permits shall be made in the manner prescribed in the Construction Code.
B.
Applications for zoning permits. Applications for zoning permits shall be made to the Zoning Office as required by this chapter.
C.
Construction and zoning permit records. It shall be the duty of the Construction Code Official to keep a record of all applications for construction and zoning permits and a record of all such permits issued, with a notation of all special conditions involved. The Construction Code Official shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of the office and shall be available for the use of the Township Committee and of other officials of the Township of Delaware, the county and the state. The public records shall not be removed except with the written consent of the Construction Code Official. The Construction Code Official shall prepare a monthly report for the Township Committee summarizing for that period all construction and zoning permits and certificates of occupancy issued by him/her and all complaints of violations and the action(s) taken by him/her consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the time it is filed with the Township Committee.
§ 230-133 Certificate of occupancy required.
[Amended 6-24-2019 by Ord. No. 2019-15]
Except for agricultural uses, no building shall be used or changed in use until a certificate of occupancy shall have been issued by the Construction Code Official stating that the building or the proposed use thereof complies with the provisions of this chapter. Any issues involving a change of use or potential use/land use violations shall be referred to the Zoning Officer for a determination prior to the issuance of such certificate by the Construction Code Official.
A.
Applications for certificates of occupancy. A certificate of occupancy, either for the whole or a part of a building, shall be applied for by the owner or his authorized agent coincident with the application for a construction permit. Said certificate of occupancy shall be issued within 10 days after the erection or structural alteration of such building or part thereof shall have been completed in conformity with the provisions of this chapter.
B.
Denial of certificate of occupancy. In case the Construction Code Official shall decline to issue a certificate of occupancy, his reasons for doing so shall be stated on one copy of the application, and that copy shall be returned to the applicant.
C.
Issuance of certificate of occupancy/responsibility for violations. A certificate of occupancy shall be issued to the owner or authorized agent, who shall be held responsible for any violation of this chapter found on the premises.
D.
Exemptions. No certificate of occupancy shall be required for any building legally existing at the time of the enactment of this chapter except where the nature of the use or occupancy of said building has been or will be changed.
E.
Temporary certificates of occupancy. A temporary certificate of occupancy may be issued if the Construction Code Official determines that the building is sufficiently completed to insure the safety and health of the occupants. A temporary certificate of occupancy shall not be in force for more than six months and shall not be renewed.
F.
Revocation of certificate of occupancy. Upon the serving of notice of a violation of any of the provisions or requirements of this chapter with respect to any building or land or use thereof, the certificate of occupancy for such use shall thereupon, without further action, be null and void. A new certificate of occupancy shall be required for any further use of such building or land.
G.
Certificate of occupancy records. A monthly report of all certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy issued shall be kept on file in the office of the Construction Code Official, and copies shall be furnished to any person having an ownership interest in the affected premises or to the authorized agent of such owner.