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Southampton Township
City Zoning Code

12-8.3 Enforcement

[Amended by Ord. No. 2006-2]
a. 
The Construction Official and the Zoning Officer. It shall be the duty of the Construction Official and the Zoning Officer of the Township to administer and enforce the provisions of this chapter. No new structure shall be erected and no improvements to the interior of an existing building shall be constructed unless a construction permit is obtained from the Construction Official in accordance with the New Jersey State Uniform Construction Code. No structure or lot shall be used in violation of this chapter.
1. 
It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data constitute public records of the Township. A monthly report of construction permits shall be filed with the Tax Assessor and the Township Committee.
2. 
It shall be the duty of the Zoning Officer to inspect the structures and land in the Township and to order the owner in writing to remedy any condition found to exist in violation of the provision(s) of this chapter. For purposes of this inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. The order shall specify that the owner must contact the Zoning Officer within 15 days after service of the order to propose a plan to remedy the violations cited.
3. 
In the event that an owner cited for violations of this chapter fails to propose a remedial plan within 15 days, or in the event that the plan proposed is deemed unacceptable to the Zoning Officer, the Zoning Official shall so inform the Township Administrator and Township Attorney. The Township Attorney shall advise the Township Administrator and Zoning Officer of the legal options available to facilitate remedial action in each individual case.
b. 
Construction permits. Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be as set forth in the Revised General Ordinances of the Township of Southampton.
c. 
Escrow deposits and performance guarantees required. Deposits for all estimated inspection fees and for all performance guarantees required by this chapter shall be posted with the Township before any work begins on any construction or any site work in accordance with any approved development plan.
d. 
Certificate of occupancy.
1. 
Upon the completion of any building, structure or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or the owner's agent may apply to the Construction Official, in writing, for the issuance of a Certificate of Occupancy for the structure, building or alteration pursuant to the provisions of this section, but only when:
(a) 
The structure or part(s) thereof and the proposed use conform to this chapter and all other Township codes and ordinances;
(b) 
Prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate municipal agencies in accordance with the provisions of this chapter;
(c) 
All local taxes and assessments on the property have been paid; and
(d) 
A letter from each utility, public or private, providing service to the property has been received by the Township certifying that the utility service has been inspected in accordance with the approved plan and is ready for use.
(e) 
All outstanding escrow balances are settled.
2. 
Every application for a Certificate of Occupancy shall be accompanied by payment of the fee set forth in the Revised General Ordinances of Southampton Township.
3. 
The Construction Official shall issue a Certificate of Occupancy to the owner of every structure, building or alteration entitled to receive a Certificate of Occupancy, within the time and in accordance with the procedures set forth in the New Jersey State Uniform Construction Code, and in this chapter.
4. 
With respect to any finally approved subdivision and/or site plan, or any development where storm drainage improvements or easements are proposed or approved pursuant to Subsections 12-5.3, 12-5.4, or otherwise, a release of performance guarantee shall only be issued upon completion of the improvements required as part of the development approval. The developer shall, further, file with the Administrative Officer and the Township Engineer an "as built" plan, certified by a licensed land surveyor. The preparation of "as built" plans shall be included as a line item in the performance guarantee estimate, and the performance guarantee shall not be released until the "as built" drawings have been reviewed and approved by the Township Engineer. Should the "as built" drawings differ from the approved plan, no performance guarantee shall be released until corrections are made or the changes are approved by the Township Engineer. The contents of the "as built" drawings shall be established by the Township Engineer as approved by resolution of the Township Committee but shall, at a minimum include, where applicable, the location of all structures, curbs, utilities, water supply and sewerage treatment facilities serving the property, storm drainage facilities, rough grading of property, base course of streets serving the property, and base course of driveways and parking areas. The Township Engineer, with the approval of the Township Committee, may waiver individual requirements in appropriate circumstances.
5. 
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 in Subsection 12-8.3d,4, to the extent that the improvements are required as part of the subdivision approval:
(a) 
Sidewalks.
(b) 
Driveway aprons.
(c) 
Street names and regulatory signs.
6. 
A copy of the Certificate of Occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
7. 
Should the Construction Official decline to issue a Certificate of Occupancy, the reason for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.
8. 
A temporary Certificate of Occupancy may be issued for a new structure or use for which site approval has been granted although there has not been compliance with all conditions of the approval. A temporary Certificate of Occupancy shall be issued only in extenuating circumstances and only with the approval of the Construction Official who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the uncompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.
9. 
A monthly report of the Certificate of Occupancy issued shall be filed with the Tax Assessor. A record of all Certificates of Occupancy shall be kept in the office of the Construction Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Township Committee except that there shall be no charge to a municipal agency.
10. 
The following shall be unlawful until a Certificate of Occupancy is issued by the Construction Official:
(a) 
Occupancy and use of a building erected, constructed, restored, altered, or moved, or any changes in the use of an existing building.
(b) 
Occupancy, use or change in use of vacant land, other than for agricultural purposes.
(c) 
Any change in the use of a nonconforming use.
(d) 
Occupancy and use of any enlargement to an existing structure.