No construction, enlargement, alteration, demolition or change of use or occupancy for which a construction permit is required pursuant to the Uniform Construction Code of the State of New Jersey [N.J.A.C. 5:23-2.5(a)] shall be undertaken until a construction permit is obtained from the Construction Code Official.

Every application for a construction permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter and meet the requirements of N.J.A.C. 5:23-2.5 of the Uniform Construction Code of the State of New Jersey.

A construction permit shall be granted or denied in writing within 20 business days from the date of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the construction code enforcement official and Zoning Enforcement Officer, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure until such prior subdivision and site plan, conditional use and variance approvals as may be necessary, have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter and until all review and inspection fees have been paid.

It shall be unlawful to use or permit the use of any structure or part(s) thereof occupied for a new use; or (in addition hereto) in the case of a nonresidential use, occupied by a new occupant; or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Code Official. It shall be the duty of the Construction Code Official to issue a certificate of occupancy only when he is satisfied that the structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of West Amwell Township.

Unless additional time is agreed upon by the applicant in writing, a certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification pursuant to N.J.A.C. 5:23-2.7 of the Uniform Construction Code of the State of New Jersey is filed with the Construction Code Official. Such certificate of occupancy shall certify that the erection of the structure is completed in accordance with the approved building permit and site plan, and that all applicable provisions of this chapter have been complied with.

A temporary certificate of occupancy may be issued for any structure or use for which development plan approval has been granted although not all conditions of the approval have been complied with. Such temporary certificates of occupancy shall be issued only in extenuating circumstances and only with the approval of the board which approved of the site plan, which board may establish specific terms and conditions for the issuance of a temporary certificate of occupancy, including the posting of a performance guarantee for any improvements not yet completed.

Should the Construction Code Official decline to issue a certificate of occupancy, his reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant.

Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any structure or use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land.

Fines. If, before final subdivision approval has been obtained, any person transfers or sells, or agrees to transfer or sell, as owner or agent, any land which forms part of a subdivision on which the Planning Board is required to act in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.

Civil remedies. In addition to the foregoing, the Township may institute and maintain a civil action:

Liens. In any such action, 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 subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument or transfer, sale or conveyance of the land, or within six years, if unrecorded.

Fines. Any owner, agent, person or corporation who violates any of the provisions of this chapter, or who fails to comply with any of the requirements thereof, or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder, or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder, or who refuses reasonable opportunity to inspect any premises, shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000, a term of imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day that any such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a distinct and separate offense and not a continuing offense. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation. The imposition of a fine in amount greater than $1,250 upon an owner for violation of this chapter shall provide for a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded the opportunity for a hearing in the municipal court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 (up to a maximum of $2,000) may be imposed if the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed. (Reference N.J.S.A. 40:49-5.)

The owner of any structure, lot of land, or part thereof, and/or the tenant or occupant of any building or structure, lot of land or part thereof, where anything in violation of this chapter is placed or exists, and any architect, builder, developer, contractor, agent, person or corporation engaged or employed in connection therewith who assists in the commission of such violation, shall each be guilty of a separate offense, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, as specified in Subsection A above.