Conference/Public Meeting Agendas/Documents — Packet

Schedule A—Con. Block Lot WO SID Address 116.01 86 261 Main St 116.01 87 263 Main St 116.01 89 269-71 Main St 116.01 93 275 Main St 116.01 95 277 Main St 116.01 96 279-81 Main St 116.01 97 283 Main St 116.01 98 285 Main St 116.01 101 86 Washington 116.01 114 60 Washington 116.02 1.01 217-225 Main St 117 39 58 Washington 117 39.01 52-56 Washington 117 48.01 50 Washington 118 40 46-44 Washington St 118 44.01 40-42 Washington 118 44 30-32 Washington 118 46 28-26 Washington 119 32 208-210 Watchung Ave (corner of Wash. St) 120.01 24 1 Washington St 120.01 26 5 Washington St 120.01 28 11 Washington St 120.01 34 19-23 Washington St 121 2 37 Washington 121 4 35-33 Washington 121 5 31 Washington 121 6 29-25 Washington 122 1 53 Washington 122 5 45-47 Washington 122 7 41-43 Washington 125 1 61 Washington 125 2 57 Washington 125.01 45 85 Washington 180

Schedule A—Con. Block Lot WO SID Address 125.01 54 67-75 Washington 125.03 40 419 Main St 125.03 40.01 421-423 Main St 125.03 45 443 Main St 125.03 45.01 427 Main St 125.03 45.03 431-435 Main St 125.03 45.04 437 Main St 125.03 45.05 439 Main St 125.03 45.06 441 Main St 125.03 52 104 Harrison 125.03 53 94-90 Harrison 125.05 2.01 317 Main St 125.05 3 327-331 Main St 125.05 4 333-335 Main St 125.05 5 337-341 Main St 125.05 6 345-347 Main St 125.05 33 385 Main St 136 31 84 Harrison 136 34 80 Harrison 136 38 72 Harrison 139 28 38-34 Harrison 140.01 4 15 Harrison 141 1 35-31 Harrison 141 1.01 39-37 Harrison 141 50 25 Harrison 142 3 101 Harrison 142 4 95-97 Harrison 142 16 57-59 Harrison 142.01 20 45-49 Harrison (Ord. No. 1534-98; Ord. No. 1581-98; Ord. No. 1686-00; Ord. No. 1775-01 § II; Ord. No. 1809-02 § I; Ord. No. 1945-04 § I; Ord. No. 2198-09 § I) 25-33 - 25-39 RESERVED. 181

25-40 ADMINISTRATIVE PROVISIONS. 25-40.1 Application of Regulations. All buildings or structures hereafter used, constructed, altered, enlarged or rebuilt, and all lots or land shall hereafter be used in accordance with the regulations of this chapter. (Ord. No. 904-88 § 25-7.1) 25-40.2 Permits. a. Building Permits. 1. No building, structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until there has been filed with the Construction Official a plan in duplicate, drawn to scale showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location of the main structure, building or buildings, together with accessory buildings, if any, supplemented by such other information as may be necessary to provide for the enforcement of this chapter, and to determine the proprietary of issuance of a Building Permit by the Construction Official, with a prior signoff of the Zoning Officer. 2. No Building Permit shall be issued for the erection, construction, reconstruction, alteration or moving of any building or structure or part thereof, unless the plans indicate that such building or structure or part thereof, is designed and intended to conform in all respects to the provisions of this chapter, and until either the Planning Board or Zoning Board, where applicable, have approved a site plan that conforms with the requirements of this chapter. However, in the case of a permitted single family house, Planning Board or Zoning Board approval is not required prior to the issuance of a Building Permit unless specific conditions have been placed on the property by the Township Council. 3. Prior to the issuance of a Building Permit or Certificate of Occupancy for any permitted or non-conforming use, the applicant shall apply for any required approvals from the Planning Board or Board of Adjustment, such as site plan or variance approval. 4. Prior to the issuance of Building Permits for any application approved by the Planning Board or Zoning

d or Board of Adjustment, such as site plan or variance approval. 4. Prior to the issuance of Building Permits for any application approved by the Planning Board or Zoning Board of Adjustment, the applicant shall submit eight (8) copies of plans (site plans and architectural plans including floor plans and elevations) to the Planning Director to be signed by the Township Engineer, the Board Chairman and the Board Secretary. Signed plans in accordance herewith are required before any construction or other permits may be issued. 5. If any construction takes place that deviates from the plans or resolution of approval by the Planning Board and/or Zoning Board of Adjustment, the approval shall be deemed null and void. 6. If the approval is deemed null and void, all construction must stop. 7. Prior to the issuance of any construction or building permits, all required governmental permits and approvals must be obtained and copies provided to the Director of Planning and Municipal Engineer. b. Certificate of Occupancy Permit.* * Editor's Note: See also Certificate of Occupancy for Central Business District, subsection 25-24.3. 182

1. Upon the completion in compliance with all the provisions of this chapter of any building or structure or alteration or enlargement thereto, upon the putting into use of any premises, lot or land where no building or structure is involved, or upon any change in tenancy for any nonresidential structure or lot, the owner or agent shall apply to the Construction Official and Zoning Officer in writing, for the issuance of a Certificate of Occupancy or use, pursuant to the provisions of this section. The Certificate, when issued by the Construction Official and Zoning Officer, shall show that the building or structure, premises, lot or land or part thereof and the proposed use are in conformity with the provisions of this chapter and of all other applicable ordinances. It shall be the duty of the Construction Official and Zoning Officer to issue a Certificate of Occupancy or use within ten (10) days after a written request for the same shall be filed in his/her office by the owner or agent, after having determined that the building or structure, premises, lot or land and the proposed use conform with this chapter and all other applicable ordinances. 2. No Certificate of Occupancy shall be issued unless the Township Engineer shall certify, where applicable, that all construction improvements have been installed pursuant to the plans as filed with the Construction Official and Zoning Officer. 3. A Certificate of Occupancy or Use shall be similarly applied for in the name of the owner, in the case of any building, structure, or premises, lot or land proposed to be put into use pursuant to any variance of the provisions of this chapter granted by the Board of Adjustment or by the Planning Board. Such certificate, when issued by the Construction Official and Zoning Officer, shall include a detailed description of the variance. 4. Upon written application of the owner or agent, the Construction Official shall issue a Certificate of Occupancy or use for any building or structure, premises, lot or land existing and in use on the effective date of this chapter, provided that he shall find that the use of such building or

or use for any building or structure, premises, lot or land existing and in use on the effective date of this chapter, provided that he shall find that the use of such building or structure, premises, lot or land is in conformity with the provisions of this chapter and of all other applicable ordinances. 5. Upon written application, the Construction Official is empowered to issue limited and conditional Certificates of Occupancy for nonconforming buildings or structures accessory and incident to building construction or public works projects or to the holding of public, civic or charitable entertainments or exhibition for profit or nonprofit sponsored under public or private auspices; provided that no certificate shall cover a period exceeding six (6) months; and further provided that the certificate shall prescribe such reasonable conditions as will properly protect the public health, safety, morals and general welfare of the neighborhood in which such structure is situated. 6. The Construction Official shall require from the Planning Board a written order before issuing a Certificate of Occupancy or Use in cases involving a conditional use pursuant to paragraph b. of this subsection or a variance from the provisions of this chapter pursuant to subsection 25-24.2. 7. Reserved. 8. Prior to the issuance of a building permit or Certificate of Occupancy for any permitted or nonconforming use, the applicant shall apply for any required approvals from the Planning Board or Board of Adjustment, such as site plan or variance approval. 9. Fees. Any person requesting a Certificate of Occupancy shall pay a fee of fifty ($50.00) dollars per dwelling unit for the inspection. c. Environmental Impact Permits shall be issued pursuant to Section 25-13. d. Certificate of Continued Occupancy. 183

1. Prior to the sale or rental of any existing residential structure containing one (1) unit or more, a Certificate of Continued Occupancy must be obtained which shall be issued by the Construction Official or designated agency or department provided with the authority to grant and issue such certificates. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official in accordance with N.J.A.C. 52:27D-198.1. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey, that it is in compliance with all fire safety requirements as set forth in Chapter 18, Section 3 of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use. 2. Prior to the sale or change in occupancy of any unit in an existing commercial structure, a Certificate of Continued Occupancy shall be issued by the Construction Official. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey that it is in compliance with all fire safety requirements as set forth in Section 40.3 of this Chapter of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use. 3. The Certificate of Continued Occupancy shall state the maximum number of persons that may lawfully occupy the premised covered by the certificate. The occupancy number must match the documentation submitted. 4. The fee for requesting the issuance of a Certificate of Continued Occupancy shall be as follows: Single Unit Residential Dwelling $100.00 Two (2) Unit Residential Dwelling $150.00 Three (3) Unit Residential Dwelling $200.00 Four (4) Unit Residential Dwelling $250.00 Five (5) Unit Residential Dwelling $300.00 Six (6) Unit

$150.00 Three (3) Unit Residential Dwelling $200.00 Four (4) Unit Residential Dwelling $250.00 Five (5) Unit Residential Dwelling $300.00 Six (6) Unit Residential Dwelling $350.00 Sale or Change in Occupancy of Commercial Space $100.00 per unit up to 1,000 square feet or $0.10 per square foot for 1,001 square feet to 5,000 square feet or $0.15 per square foot for 5,001 square feet and up. Re-inspection fee $50.00 5. It shall be the responsibility of the Tax Assessor of the Township to advise individuals requesting tax assessment searches that a Certificate of Continued Occupancy is required in connection with the sale of any single unit residential dwelling, any sale or change in occupancy of any residential structure containing one (1) or more units or any change in occupancy of any existing commercial unit. 6. Any person seeking a determination from the Construction Official that a Certificate of Continued Occupancy is not required prior to the sale of any existing building, dwelling unit or residence shall pay to the Township a fee of twenty-five ($25.00) dollars for such determination. 184

7. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this ordinance. 8. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with Section 25-59b. 9. Any person who serves as an agent, employee or representative of any party to a real estate transaction, including but not limited to any licensed real estate broker, attorneys for seller, buyer, and/or lender may be found liable for a violation hereunder and punished to the full extent of the law. 10. Upon inspection of any building, premises, apartment or any other dwelling unit, the construction official, upon finding that the dwelling unit contains only minor violations of this chapter which are not related to the health, safety and welfare of a prospective tenant so as to prohibit occupation of the tenant, may allow a temporary certificate of continued occupancy to be issued which shall be conditioned upon the property owner's, landlord's or tenant's complying with the provisions of this chapter and the Uniform Construction Code within a reasonable period of time not to exceed 30 days or as per the construction official in writing from the issuance. A permanent Certificate of Continued Occupancy, when all requirements are met within the given time period, shall have no additional fee. 25-40.3 Requirement for Installation and Maintenance of Smoke–Sensitive Alarm Devices and Portable Fire Extinguishers in All Dwelling Units. a. Definitions. Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them by this section as follows: Approved Rating Organization shall mean any of the following: Underwriters Testing Laboratories (UL), Factory Mutual Research Corporation, National Bureau of Standards or National Fire Protection Association Standard Number 72 - 1996 Edition,

ollowing: Underwriters Testing Laboratories (UL), Factory Mutual Research Corporation, National Bureau of Standards or National Fire Protection Association Standard Number 72 - 1996 Edition, National Fire Alarm Code. Carbon monoxide alarm shall mean an instrument approved by an Approved Rating Organization for the detection of carbon monoxide. Dwelling unit(s) shall mean any building, structure or portion thereof including but not limited to single and two-family residences. Enforcing agency shall mean the municipal department or agency which has been authorized to enforce provision of this section. Fire official shall mean the Fire Code Official of the Township who is employed to enforce the Uniform Fire Safety Act. Portable fire extinguisher shall mean an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. Seasonal rental unit shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence 185