Rockleigh City Zoning Code
ARTICLE XII
Certificate of Occupancy
§ 34-43.1 Issuance; Application.
[1973 Code § 88-21; Ord. No. 10-90-2, adopted 12/10/90]
a.
New Buildings. A building or structure hereafter erected shall not be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Construction Official. The Construction Official shall, upon application by or on behalf of the owner, issue a certificate of occupancy when all of the requirements of § 9-1, Uniform Construction Code; Chapter 34, Zoning; Chapter 31, Site Plan Review and Historic Review; Chapter 32, Subdivision, all requirements of any Planning Board resolutions and all other applicable laws and ordinances have been met.
b.
Building Hereafter Altered. A building or structure hereafter altered, enlarged or extended shall not be occupied or used until a certificate of occupancy shall have been issued by the Construction Official certifying that the work has been completed in accordance with the provisions of the construction permit and all requirements of Planning Board resolutions, except as is provided in the Uniform Construction Code regulations. Any use or occupancy not discontinued during the work or alteration shall be discontinued within 30 calendar days unless a certificate of occupancy is obtained.
c.
Existing Buildings; Certificate of Continuing Occupancy. Upon request from the owner of an existing building or structure which is vacated, sold or for which there has been a change of use, the Construction Official shall issue a certificate of continuing occupancy, provided that there are no violations of law or ordinances or orders of the Construction Official pending and it is established that the use of the building has heretofore existed. The certificate of continuing occupancy shall evidence only that a general inspection has been made and that there are no apparent violations of the applicable laws or ordinances. Any such vacation, sale or change of use without obtaining a certificate of continuing occupancy shall constitute a violation of this Article and subject the owner or occupier to the penalties provided in § 34-57.
d.
Application. A written application for a certificate of occupancy or a certificate of continuing occupancy shall be filed with the Construction Official by the owner or his agent. The application shall include the following:
1.
The name and address of the owner or his agent.
2.
The location of the building or structure.
3.
If a change of use is contemplated, the current and proposed use.
4.
Whether a vacated property is to become used again or whether a vacated or used property is to be sold.
5.
If the application is made in connection with the construction, alteration, extension or enlargement of a building or structure:
(a)
The statement by the responsible person in charge of the work that, to the best of his knowledge, all work has been completed in accordance with the construction permit, the approved plans, all requirements of any Planning Board resolutions and the laws, ordinances and regulations.
(b)
A statement of the final cost of construction, including the basic structure, on-site improvements, built-in furnishings and fixtures and all integral equipment exclusive of process or manufacturing equipment.
(c)
A set of as-built or amended drawings if the building or structure deviates from the approved plans filed with and approved by the Construction Official in the issuance of the construction permit.
e.
Issuance. When a building or structure is entitled to a certificate of occupancy or a certificate of continuing occupancy, the Construction Official shall issue the same within 10 business days after written application therefor.
