§ 159.03 ISSUANCE OF CERTIFICATES OF OCCUPANCY.
   (A)   It shall be unlawful to use or permit the use of any structure or part thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. Upon the completion of any building or alteration in compliance with this chapter and any other ordinance, rule or regulation, the owner or his agent may apply to the Construction Official, in writing, for the issuance of a certificate of occupancy pursuant to the provisions of this section, but only when:
      (1)   The structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the township.
      (2)   Prior site plan, subdivision 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.
      (3)   All local taxes and assessments on the property have been paid.
      (4)   A letter from each utility company has been received by the township stating that the utility has been inspected in accordance with the approved plan and is ready for use.
   (B)   A fee shall be charged for each certificate of occupancy in accordance with the applicable ordinances of the township.
   (C)   A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
   (D)   With respect to any subdivision and/or site plan, or subsection thereof, granted final approval, a certificate of occupancy shall be issued only upon the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:
      (1)   Curbs.
      (2)   All utilities.
      (3)   Water supply and sewage treatment facilities, which shall be functioning and serving the property in question.
      (4)   Storm water drainage facilities.
      (5)   Rough grading of the property.
      (6)   Base course of the street or streets serving the property.
      (7)   Base course of driveways and parking areas.
   (E)   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 (D) above, to the extend the same are required as part of the subdivision approval:
      (1)   Sidewalks.
      (2)   Driveway aprons.
      (3)   Street names and regulatory signs.
   (F)   A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
   (G)   Should the Construction Official decline to issue a certificate of occupancy, his reasons for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.
   (H)   A temporary certificate of occupancy may be issued for a new structure or use for which site approval has been granted even if not all conditions of said approval have been complied with. Such 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.
   (I)   A monthly report on the certificates 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 upon request to any person having a proprietary to 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.
   (J)   The following shall be unlawful until a certificate of occupancy is issued by the Construction Official:
      (1)   Occupancy and use of a building erected, constructed, restored, altered or moved or any changes in use of an existing building.
      (2)   Occupancy, use or change in use of vacant land.
      (3)   Any change in the use of a nonconforming use.
      (4)   Occupancy and use of any enlargement to an existing structure.
(Ord. 945-99, passed 9-13-99; Am. Ord. 112-07, passed 9-24-07; Am. Ord. 266-15, passed 5-11-15)