ARTICLE 17.1 ENFORCEMENT
Section 17.1.1 Prohibitions

It shall be unlawful for any person, partnership, corporation, or agent to Construct, move, alter, or change the use of, or occupancy of, any building or structure or use of any land without receiving all required permits or approvals

Section 17.1.2 Administration and Enforcement Official Duties

The provisions of this Ordinance shall be administered and enforced by the Construction Official or Zoning Officer of the Township In no case shall a zoning or building permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this Ordinance. It shall be the duty of the Construction Official or Zoning Officer or his duly authorized assistants to cause any building, site, plan,, or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this Ordinance, and he shall have the right to enter any building, site or premises during the appropriate business hours in the course of his duties.

A. Filing Plans. All applications for building or site permits shall be made in the manner prescribed in the Construction Code and this Ordinance The Construction Official shall not issue a construction permit where any tax or assessment for township improvements is due or delinquent on the property for which the application is made or on any property in the Township owned by the applicant or owner of said property. Nor shall the Construction Official shall not issue any building permit where construction costs exceed ten thousand ($1 0,000 00) dollars until the site plan and plans of the proposed building(s), structure(s), and/or development have been reviewed by the Planning Board unless the application is exempt from review pursuant to Section 10.1.2 of this Ordinance. In the absence of a reply from the Planning Board within forty-five (45) days from the forwarding of such plans to the Board, the Construction Official shall assume its approval and proceed accordingly. No Certificate of Occupancy shall be issued until all conditions of approval of Site Plan have been completed, and received, and approvals issued by all Code Officials having jurisdiction except as herein provided.



B.Records.

1 It shall be the duty of the Construction Official to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township of Berkeley Heights, County and State. Records shall not be removed except with the written consent of the Construction Official.

2 The Construction Official shall prepare a monthly report for the Township Committee summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereon.

3 A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Committee.

Section 17.1.3 Certificates of Occupancy

No building hereafter structurally altered or erected shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Construction Official or Zoning Officer stating that the building, land or the proposed use thereof complies with the provisions of this Ordinance.

A. A Certificate of Occupancy either for the whole or a part of a building, shall be issued within ten (10) days after the receipt of a completed application if the election or alteration of such building or land, or part, shall have been completed in conformity with the provisions of this Ordinance.

B. In case the Construction Official or Zoning Officer shall decline to issue a Certificate of Occupancy, his reasons for doing so shall be stated on one (1) copy of the application and that copy returned to the applicant

C. A Certificate of Occupancy shall be issued to any person having a proprietary or tenancy interest, who shall be held responsible for any violation of this Ordinance on the premises. A record of all certificates shall be kept on file by the Construction Official or Zoning Officer and copies shall be furnished to any person having a proprietary or tenancy interest in the land, building or structure affected

D. No Certificate of Occupancy shall be required for any building existing at the time of the enactment of this Ordinance except where the ownership, or the character, use or occupancy is changed.

E.With the approval of the Township Committee, a Temporary Certificate of Occupancy for any building, structure, parking lot or impermeable surface may be issued by the Construction Official, if, due to seasonal or other special circumstances beyond the control of the applicant, the complete installation of all site construction work or landscape work or other requirements of the approved Site Plan have not been completed Such a Temporary Certificate of Occupancy shall set forth a time limit, not to exceed ninety (90) days, except that a thirty (30) day extension may be granted by the Construction Official. Also, such a Temporary Certificate of Occupancy shall require a cash escrow of fifty (50) percent of the total cost of the uncompleted and remaining portion of the site work, as determined by the Township Engineer, be deposited with the Township Clerk as a Performance Guarantee.

F. Fee. The Construction Official shall require the payment of a five ($5.00) dollar fee on receipt of application for a Temporary Certificate of Occupancy or a Certificate of Occupancy and for the issuance thereof.

Section 17.1.4 Revocation of Certificate of Occupancy

In the event of a violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this Ordinance, the Certificate of Occupancy for such use shall thereupon, may be revoked or conditioned by the Construction Official until the violation is corrected

Section 17.1.5 Records of Certificates of Occupancy

A.monthly report of the Certificates of Occupancy issued shall be filed with the Tax Assessor and Tax Collector A record of all Certificates of Occupancy issued shall be kept in the office of the Construction Official.

Section 17.1.6 Building Permits, Site Plan Approvals, and Zoning Variances Outstanding

A. Nothing in this Ordinance shall require any change in a building permit, Site Plan or zoning variance or operation which was approved before the enactment of this Ordinance, provided that construction based on said approval shall have been started within sixty (60) days following the effective date of this Ordinance and shall be continuously pursued to completion Otherwise, said approval shall be void.

B. Any building, structure or site, the construction of which has been authorized by a permit issued by the Construction Official prior to the passage of this Ordinance, shall be substantially completed within one (1) year from the date of the passage of this Ordinance in accordance with the permit and the requirements of law and ordinance in force at the time when such permit was granted and may be used for the purpose designated in the plans and in the permit Any proceeding instituted under any repealed ordinance pending at the time of the adoption of this Ordinance shall continue and shall be saved from the effect of this Ordinance

Section 17.1.7 Expiration of Variance

Any variance from the terms of this Ordinance hereafter granted by the Planning Board or Zoning Board of Adjustment permitting the erection or alteration of any building or structure, or permitting in the case of the Zoning Board of Adjustment a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every building or structure permitted by said variance, or unless such permitted use has actually been commenced, within one (1) year (twelve months) and the construction or alteration completed with two (2) years (twenty-four months) from the date of entry of the judgment or determination of the Board, except however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the Township Committee, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.