1. It shall be unlawful to use or permit the use of any structure or part(s) thereof until a Certificate of Occupancy shall have been issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33. Any change of use from one category of permitted use to another category of permitted use shall require a new Certificate of Occupancy.
Additionally, any use requiring site plan approval shall require a new Certificate of Occupancy. It shall be the duty of the Construction Official to issue a Certificate of Occupancy only when:

a. The structure or part(s) thereof and the proposed use conform to this ordinance and all other applicable codes and ordinances of the Township;
b. 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 ordinance;
c. All local taxes and assessments on the property have been paid; and
d. A letter from each utility company has been received by the Township stating that the utility has been installed and has been inspected in accordance with the approved plan and is ready for use.

2. The fee for a Certificate of Occupancy shall be in the amount specified in § 71-5: Fees under the Uniform Construction Code, within Article II: Schedule of Fees of Chapter 71: Fees and Licenses of the Code of the Township of Medford, including any amendments or supplements which may from time to time be adopted.

3. Unless additional time is agreed upon by the applicant in writing, a Certificate of Occupancy shall be granted or denied in writing within 10 working days from the date that a written notification and a certified location or field survey, signed and sealed by a New Jersey State Licensed Surveyor, is filed with the Construction Official stipulating that the erection of the structure and all required site improvements are completed pursuant to N.J.A.C. 5:23-2.23 and 2.24.

4. With respect to any finally approved subdivision and/or site plan or subsection thereof, a Certificate of Occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official of the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:

a. Curbs.
b. All utilities.
c. Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question.
d. Storm drainage facilities.
e. Final grading of the property.
f. Base course (in the case of subdivisions) or final course (in the case of site plans) of the street or streets serving the property.
g. Base course (in the case of subdivisions) or final course (in the case of site plans) of driveways and parking areas.
h. Landscaping.
i. Any other improvements required as part of subdivision and/or site plan approval.

5. With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a Certificate of Occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official of the completion of the following improvements, in addition to those listed in subsection 1002E.4 hereinabove, to the extent the same are required as part of a subdivision and/or site plan approval:

a. Sidewalks.
b. Driveway aprons.
c. Street names and regulatory signs.

6. 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. Additionally, a copy of an issued Certificate of Occupancy shall be provided by the Construction Official to the Assistant Secretary of the Planning Board or to the Assistant Secretary of the Zoning Board of Adjustment, as the case may be, for placement in the applicable site plan or subdivision application file.

7. Should the Construction Official decline to issue a Certificate of Occupancy, his 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 any new structure or use for which site plan and/or subdivision approval has been granted although 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 concurrent written approval of the Township Engineer, Construction Official and Zoning Officer who, together, shall establish specific terms and conditions, including, but not limited to, a timetable not exceeding 90 days for the installation of the incompleted site improvements, and the receipt of a performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with § 902 of this ordinance. Any Temporary Certificate of Occupancy beyond a ninety-day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.

A Temporary Certificate of Occupancy may be issued by the Construction Official for any building or structure not part of a site plan or subdivision application pursuant to N.J.A.C. 5:23-2.23(e).

9. A monthly report of the Certificates of Occupancy issued shall be filed with the Tax Assessor. A record of all Certificates of Occupancy pursuant to N.J.A.C. 5:23-4.5 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 except that there shall be no charge to a municipal agency.

10. The following shall be prohibited until a Certificate of Occupancy is issued by the Construction Official:

a. Occupancy and use of a structure erected, constructed, restored, altered or moved, when such erection, construction, restoration, alteration or movement required a construction permit.

b. Occupancy, use or change in use of vacant land, other than for agricultural purposes.

c. Any change of use from one category of permitted use to another category of permitted use, in accordance with the applicable listings of permitted uses in this ordinance.
 

d. Any change in the use of a nonconforming use or nonconforming structure.