The Planning Board previously established is hereby continued
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.)
in the Township of Roxbury and shall consist of nine (9) members consisting
of the following four classes:
CLASS I - The Mayor, or the Mayor's designee in the absence
of the Mayor.
CLASS II - One of the officials of the municipality other than
a member of the Governing Body to be appointed by the Mayor.
CLASS III - A member of the Governing Body to be appointed by
it.
CLASS IV - Six (6) other citizens of the municipality to be
appointed by the Township Council. The members of Class IV shall hold
no other municipal office, position or employment, except that one
such member may be a member of either the Zoning Board of Adjustment
or Historic Preservation Commission and one Class IV member may be
a member of the Board of Education. The member of the Environmental
Commission who is also a member of the Planning Board, as required
by section 1 of P.L. 1968, c. 245 (C. 40:56A-1), shall be a Class
IV Planning Board member, unless there be among the Class IV or alternate
members of the Planning Board both a member of either the Zoning Board
of Adjustment or Historic Preservation Commission and a member of
the Board of Education, in which case the member common to the Planning
Board and the Environmental Commission shall be deemed a Class II
member of the Planning Board. For the purpose of this section, membership
on a municipal board or commission whose function is advisory in nature
and the establishment of which is discretionary and not required by
statute, shall not be considered the holding of municipal office.
The term of the member composing Class I shall correspond to
the Mayor's official tenure, or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one (1) year
or terminate at the completion of their respective terms of office,
whichever occurs first, except for a Class II member who is also a
member of the Environmental Commission. The term of a Class II or
a Class IV member who is also a member of the Environmental Commission
shall be for three (3) years or terminate at the completion of the
member's term of office as a member of the Environmental Commission,
whichever occurs first. The terms of a Class IV member who is also
a member of the Zoning Board of Adjustment or the Board of Education
shall terminate whenever he or she is no longer a member of such body
or at the completion of his or her Class IV term, whichever occurs
first. The terms of all other Class IV members shall be four (4) years.
Nothing herein shall effect the term of any present member of
the Planning Board all of whom shall continue in office until the
completion of the terms for which they are appointed.
All terms shall run from January 1 of the year in which the
appointment was made.
No member shall be permitted to act on any matter in which a
member has, either directly or indirectly, any personal or financial
interest. A member other than a Class I member may, after public hearing,
if the member requests one, be removed by the Governing Body for cause.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment, as above provided, for
the unexpired term.
A.
There shall be two (2) alternate members of the Planning Board appointed
by the Township Council and meeting the qualifications of Class IV
members. The alternate members shall be designated at the time of
appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2".
The terms of the alternate members shall be for two (2) years, except
that the terms of the alternate members shall be such that the term
of not more than one (1) alternate member shall expire in any one
(1) year. A vacancy occurring otherwise than by expiration of term
shall be filled by the Mayor for the unexpired term only.
B.
The alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
C.
No alternate member shall be permitted to act on any matter in which
the member has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if the member
requests one, be removed by the Governing Body for cause.
The Planning Board shall elect a chairperson and vice-chairperson
from the members of Class IV, select a secretary who may or may not
be a member of the Planning Board or a municipal employee.
A.
Make and adopt and from time to time amend a Master Plan, in accordance
with the provisions of N.J.S.A. 40:55D-28, and conduct periodic reexaminations
of the Master Plan and report on the findings of such reexaminations,
in accordance with the provisions of N.J.S.A. 40:55D-89.
B.
Approve or deny applications for development in accordance with the
provisions of this Ordinance.
C.
Approve or deny conditional use applications in accordance with the provisions of Article III hereof pursuant to N.J.S.A. 40:55D-67.
D.
Approve variances and direct the issuance of certain building permits
in conjunction with subdivision, site plan and conditional use approval
pursuant to N.J.S.A. 40:55D-60.
E.
Review zoning ordinances for consistency with the Master Plan and
make recommendations regarding same or regarding other matters referred
to it by the Governing Body pursuant to N.J.S.A. 40:55D-26.
F.
Prepare and recommend for adoption by the Governing Body an Official
Map pursuant to N.J.S.A. 40:55D-32.
G.
Prepare, when authorized by the Governing Body, a capital improvements
program pursuant to N.J.S.A. 40:55D-29.
H.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulations.
I.
Assemble data on a continuing basis as part of a continuous planning
process.
[1]
Editor's Note: Former subsection 13-2.107, Advisory Committee,
previously codified herein was repealed in its entirety by Ordinance
No. 15-09.
The Zoning Board of Adjustment previously established, is hereby
continued pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69,
et seq. and shall consist of seven (7) residents of the Township of
Roxbury appointed by the Governing Body to serve for terms of four
(4) years from January 1 of the year of their appointment.
No member of the Zoning Board of Adjustment may hold any elective
office or position in the Township.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only. The Governing Body shall appoint
two alternate members to the Zoning Board of Adjustment. Alternate
members shall be designated by the Governing Body as "Alternate No.
1" and "Alternate No. 2" and shall serve during the absence or disqualification
of any regular member or members of the Board. The term of each alternate
shall be two (2) years. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
The Board of Adjustment shall elect a chairperson and vice-chairperson
from its members and shall select a secretary who may or may not be
a member of the Board or a municipal employee.
A.
Pursuant to 40:55D-70, the Zoning Board of Adjustment shall have
the power to:
1.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an official based on, or made in the enforcement of Article VII hereof.
2.
Hear and decide requests for interpretation of the zoning map or
this Ordinance, or for decisions upon other special questions upon
which the board is authorized to pass by this Ordinance.
3.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in this Ordinance would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon
the owner of such property, to grant upon an application or an appeal
relating to such property a variance from such strict application,
so as to relieve such difficulties or hardship; (b) Where, in an application
or appeal relating to a specific piece of property, the purposes of
this Ordinance would be advanced by a deviation from the Zoning Ordinance
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from regulations
pursuant to Article 8 of the Municipal Land Use Law; provided, however,
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structure or
use; and further provided that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to N.J.S.A. 40:55D-60(a).
4.
In particular cases and for special reason, grant of variance to
allow the departure from regulations pursuant to Article 8 of the
Municipal Land Use Law to permit: (a) A use or principal structure
in a district restricted against such use or principal structure,
(b) The expansion of a nonconforming use, (c) Deviation from a specification
or standard pertaining solely to a conditional use, or (d) An increase
in the permitted floor area ratio as hereinbefore defined, (e) An
increase in the permitted density as hereinbefore defined, except
as applied to a required lot area for a lot or lots for detached one
or two dwelling unit buildings, which lot or lots are either an isolated
undersized lot or lots resulting from minor subdivision, or (6) A
height of a principal structure which exceeds by ten (10) feet or
ten (10%) percent the maximum height permitted in a district for a
principal structure. A variance under this Section shall be granted
only by the affirmative vote of at least five (5) members. If an application
for development requests one or more variances but not a variance
for a purpose enumerated in this Section, the decision on the requested
variance or variances shall be rendered under paragraph 3. hereinabove.
No variance or other relief may be granted under the provisions
of this Section unless such variances or other relief can be granted
without substantial detriment to the public good, and will not substantially
impair the intent and purposes of the Master Plan and Land Development
Ordinance. In respect to any airport hazard area delineated under
the Air Safety and Hazardous Zoning Act of 1983, no variance or other
relief may be granted under the terms of this Section, permitting
the creation or establishment of a nonconforming use which would be
prohibited under the standards promulgated pursuant to that act, except
upon issuance of a permit by the Commission of Transportation. Any
application under any subsections of this Section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
B.
The Zoning Board of Adjustment shall also have the power to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainage
way, flood control basin or public area reserved on the Official Map.
The Board of Adjustment shall not exercise the power otherwise
granted by this Section if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of the permit.
2.
Hear appeals regarding direct issuance of a permit pursuant to N.J.S.A.
40:55D-35 where the enforcement of that Section will entail practical
difficulty or unnecessary hardship or where the circumstances of the
case do not require the building or structure to be related to the
street.
The Board of Adjustment shall not exercise the power otherwise
granted by this Section if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit.
3.
Grant to the same extent, and subject to the same procedures and restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through N.J.S.A. 40:55D-59, inclusive, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the board is reviewing an application for approval of a use variance pursuant to Section 13-2.203 paragraph A, 4. pertaining to a "d" variance.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditional upon granting of all
required subsequent approvals by the Board of Adjustment. No such
subsequent approval shall be granted unless such approval can be granted
without substantial detriment to the public good and without substantial
impairment of the intent and purpose of the Master Plan and Land Development
Ordinance. The number of votes of Board members required to grant
any such subsequent approval shall be as otherwise provided in this
Ordinance for the approval in question, and the special vote pursuant
to Section d. of N.J.S.A. 40:55D-70 not be required.
Whenever an application for development requests relief pursuant
to section b. of N.J.S.A. 40:55D-76, the Board of Adjustment shall
grant or deny approval of the application within 120 days after submission
by a developer of a complete application to the administrative officer
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance. The period for granting or denying any
subsequent approval shall be as otherwise provided in this Ordinance.
Failure of the Board of Adjustment to act within the period prescribed
shall constitute approval of the application and a certificate of
the administrative officer as to the failure of the Board of Adjustment
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required, and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
Where review or approval of an application by the County Planning
Board is required, the Zoning Board of Adjustment shall condition
any approval that it grants upon timely receipt of favorable report
or approval by the County Planning Board.
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party from a decision of an administrative officer based on or made
in the enforcement of the Zoning Ordinance or Official Map. Each appeal
shall be taken within the twenty (20) days prescribed by N.J.S.A.
40:55D-72(a) by filing a notice of appeal with the officer from whom
the appeal was taken. Said notice of appeal shall specify the grounds
of said appeal. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
B.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment, after
notice of appeal shall have been filed with him/her, that by reason
of facts stated in the certificate a stay would, in the officer's
opinion, cause imminent peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
In exercising its power, the Zoning Board of Adjustment may
reverse or affirm, wholly or partly, or may modify the action, order,
requirement, decision, interpretation or determination appealed from
and to that end have all the powers of the officer from whom the appeal
was taken.
The Zoning Board of Adjustment shall render its decision not
later than one hundred twenty (120) days after the date (a) an appeal
is taken from the decision of an administrative official; or (b) the
submission of a complete application for development to the board
pursuant to the provisions of N.J.S.A. 40:55D-72.
Failure of the Board to render a decision within such 120-day
period, or within such further time as may be consented to by the
applicant, shall constitute a decision favorable to the applicant.
The Board of Adjustment must prepare and adopt by resolution
a report of its findings on zoning ordinance provisions which were
the subject of variance requests and its recommendations for zoning
ordinance amendment or revision, if any, be sent to the Planning Board
and Governing Body.
No member of the Planning Board or the Zoning Board of Adjustment
shall act on any matter in which the member has, either directly or
indirectly, any personal or financial interest. Whenever any such
member shall be disqualified from acting on a particular matter, the
member shall not continue to sit with the Board on the hearing of
such matter nor participate in any discussion or decision relating
thereto.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by conflict of interest as defined
above from acting on a matter due to the member's personal or financial
interest therein, regular members of the Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board in order of seniority of continuous service
to the Board of Adjustment until there are a minimum number of members
necessary to constitute a quorum to act upon the matter without any
personal or financial interest therein, whether direct or indirect.
If a choice has to be made between regular members of equal seniority,
the Chairman of the Board of Adjustment shall make the choice.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members is prohibited by conflict of interest
as defined above from acting on a matter Class IV members of the Planning
Board shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment in order of seniority of continuous
service to the Planning Board until there are a minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
All members of the Boards shall serve without compensation.
There are hereby created the offices of attorney for the Planning
Board and attorney for the Zoning Board of Adjustment. Each board
may annually appoint and fix the compensation for its attorney. Such
compensation shall be within the appropriation made by the Governing
Body. Neither attorney shall be the Township Attorney.
Each board may employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the Governing Body
for its use. There is hereby created the office of Municipal Planner
who shall serve at the pleasure of the Township Manager.
The Boards shall adopt such rules, regulations and by-laws as
may be necessary to carry into effect the provisions and purposes
of this Ordinance. In the issuance of subpoenas, administration of
oaths and taking of testimony, the provisions of the County and Municipal
Investigations Law (N.J.S.A. 2A:67-1, et seq.) shall apply.
A.
Meetings of each Board shall be scheduled at least once a month,
unless canceled for lack of applications.
B.
Special meetings of the Planning Board and the Board of Adjustment
may be requested by an applicant and with the consent of the respective
boards shall be scheduled by the boards. Special meetings may be requested
by the chairperson of the Board or any two members of the board. Notice
to all Board members and the public in accordance with the Open Public
Meeting Act is required.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by a majority vote of all members present
except as otherwise required by any provisions of the Municipal Land
Use Law (N.J.S.A. 40:55D-1, et seq.).
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6,
et seq.). An executive session for the purpose of discussing and studying
any matter to come before the Board shall not be deemed a regular
or special meeting within the meaning of this Ordinance.
F.
A member of the Planning Board or Zoning Board of Adjustment who
was absent for one or more of the meetings at which a hearing was
held or was not a member of the Board at that time shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
the member's absence from one or more of the meetings; provided, however,
that such Board member has available to him/her the transcript or
recording of all of the hearing from which he/she was absent, and
certifies in writing to the board that he/she has read such transcript
or listened to such recording.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Secretary of the
Board. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party shall be
charged a fee for reproduction of the minutes for the party's use.
[Ord. No. 29-04]
See Chapter XXIV, Fees, of The Revised General Ordinances of
the Township of Roxbury.
Section 24-7, Planning and Zoning
Section 24-7.1, Application Fees
Section 24-7.2, Review Fees
A.
The applicant shall pay to the Township all reasonable and necessary
professional charges for review of applications, review and preparation
of documents, including without limitations, resolutions, developer's
agreements, deeds, performance guarantees, correspondence and inspections
of developments under construction, and review by outside consultants
when an application is of such nature that it is beyond the scope
of expertise of the usual professional utilized by the municipality
or the degree of time involvement required for proper review, due
to workload constraints, is beyond the capability of the usual professional
utilized by the municipality. The only costs that shall be added to
any such charges shall be actual out-of-pocket expenses of any such
professionals or consultants, including normal and typical expenses
incurred in processing applications and inspecting improvements. The
municipality or approving authority shall not bill the applicant,
or charge any escrow account, for any municipal clerical or administrative
functions, overhead expenses, meeting room charges, or any other municipal
costs and expenses except as provided for in this section, nor shall
a municipal professional add any such charges to his bill. If the
salary, staff support and overhead for a municipal professional are
provided by the municipality, the charge shall not exceed two hundred
(200%) percent of the sum of the products resulting from multiplying
(1) the hourly base salary, which shall be established annually, of
each of the professionals by (2) the number of hours spent by the
respective professional upon review of the application for development
or inspection of the developer's improvements, as the case may be.
For other professionals the charge shall be at the same rate as all
other work of the same nature by the professional for the municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
B.
Charges to Be Reasonable. All professional charges for review of
an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary, given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modification or amendment made by the applicant. A professional shall
not review items which are subject to approval by any State governmental
agency and not under municipal jurisdiction except to the extent consultation
with a State agency is necessary due to the effect of State approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
C.
Substitute Professionals—Duplicate Review Not Chargeable. If
the municipality retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
D.
On-Going Developments. The requirements of this Ordinance shall apply
to all applications for development, including those developments
currently under construction as of the effective date of this Ordinance;
provided, however, that where development is currently under construction
and inspections have already taken place as of the effective date
of this Ordinance, any increase in inspection fees shall be applied
prospectively only. The applicants in all developments currently under
construction or which have heretofore requested permission to commence
construction, or which have heretofore deposited escrow fees pursuant
to the Ordinance for which this is amended, shall have thirty (30)
days from the effective date hereof within which to make their escrow
deposits consistent with this Ordinance.
A.
The Chief Financial Officer of a municipality shall make all of the
payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (C. 40:55D-1
et seq.). Each payment charged to the deposit for review of applications,
review and preparation of documents and inspection of improvements
shall be pursuant to a voucher from the professional, which voucher
shall identify the personnel performing the service, and for each
date the services performed, the hours spent to one-quarter hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the municipality. If the services
are provided by a municipal employee, the municipal employee shall
prepare and submit to the Chief Financial Officer of the municipality
a statement containing the same information as required on a voucher,
on a monthly basis. The professional shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
of the municipality simultaneously to the applicant. The Chief Financial
Officer of the municipality shall prepare and send to the applicant
a statement which shall include an accounting of funds listing all
deposits, interest earnings, disbursements, and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis, if monthly charges are one thousand ($1,000) dollars or less,
or on a monthly basis if monthly charges exceed one thousand ($1,000)
dollars. If an escrow account or deposit contains insufficient funds
to enable the municipality or approving authority to perform required
application reviews or improvement inspections, the Chief Financial
Officer of the municipality shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
B.
All escrow deposits for review of applications and inspections of
developments under construction shall be deposited into an escrow
account. Deposits received from any applicant in excess of five thousand
($5,000) dollars shall be held by the Chief Financial Officer in a
special interest-bearing deposit account, and upon receipt of bills
from professionals and approval of said bills as hereinafter provided
for, the Chief Financial Officer may use such funds to pay the bills
submitted by such professionals or experts. The municipality shall
not be required to refund an amount of interest paid on a deposit
which does not exceed one hundred ($100.00) dollars for the year.
If the amount of interest exceeds one hundred ($100.00) dollars, the
entire amount shall belong to the applicant and shall be refunded
to him by the municipality annually or at the time the deposit is
repaid or applied for the purposes for which it was deposited, as
the case may be, except that the municipality may retain for administrative
expenses a sum equivalent of no more than thirty-three and one-third
(33 1/3%) percent of that entire amount, which shall be in lieu
of all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within ninety (90)
days after the final decision by the appropriate municipal agency
with respect to such application, upon certification by the Board
Secretary that such application has been finally decided.
C.
Close Out. The following close-out procedure shall apply to all deposits
and escrow accounts established under the provisions of P.L. 1975,
c. 291 (C. 40:55D-1 et seq.) and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved as provided in section
41 of P.L. 1975, c. 291 (C. 40:55D-53), in the case of improvement
inspection escrows and deposits. The applicant shall send written
notice by certified mail to the Chief Financial Officer of the municipality
and the approving authority, and to the relevant municipal professional,
that the application or the improvements, as the case may be, are
completed. After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer of the municipality within
30 days, and shall send a copy simultaneously to the applicant. The
Chief Financial Officer of the municipality shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest in
accordance with section 1 of P.L. 1985, c. 315 (C. 40:55D-53.1), shall
be refunded to the developer along with the final accounting.
D.
Appeals.
1.
Notice - An applicant shall notify in writing the Governing Body
with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.). The Governing
Body, or its designee, shall within a reasonable time period attempt
to remediate any disputed charges. If the matter is not resolved to
the satisfaction of the applicant, the applicant, may appeal to the
County Construction Board of Appeals established under section 9 of
P.L. 1975, c. 217 (C. 52:27D-127) any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the municipal engineer
pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). An applicant
or his authorized agent shall submit the appeal in writing to the
County Construction Board of Appeals. The applicant or his authorized
agent shall simultaneously send a copy of the appeal to the municipality,
approving authority, and any professional whose charge is the subject
of the appeal. An applicant shall file an appeal within forty-five
(45) days from receipt of the information copy of the professional's
voucher required by section c. of section 13 of P.L. 1991, c. 256
(C. 40:55D-53.2), except that if the professional has not supplied
the applicant with an informational copy of the voucher, then the
applicant shall file his appeal within sixty (60) days from receipt
of the municipal statement of activity against the deposit or escrow
account required by section c. of section 13 of P.L. 1991, c. 256
(C. 40:55D-53.2). An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
2.
County Construction Board - The County Construction Board of Appeals
shall hear the appeal, render a decision thereon, and file its decision
with a statement of the reasons therefor with the municipality or
approving authority not later than ten (10) business days following
the submission of the appeal, unless such period of time has been
extended with the consent of the applicant. The decision may approve,
disapprove, or modify the professional charges appealed from. A copy
of the decision shall be forwarded by certified or registered mail
to the party making the appeal, the municipality, the approving authority,
and the professional involved in the appeal. Failure by the Board
to hear an appeal and render and file a decision thereon within the
time limits prescribed in this subsection shall be deemed a denial
of the appeal for purposes of a complaint, application, or appeal
to a court of competent jurisdiction.
3.
Application Not Delayed. During the pendence of any appeal, the municipality
or approving authority shall continue to process, hear, and decide
the application for development, and to inspect the development in
the normal course, and shall not withhold, delay, or deny reviews,
inspections, signing of subdivision plats or site plans, the reduction
or the release of performance or maintenance guarantees, the issuance
of construction permits or certificates of occupancy, or any other
approval or permit because an appeal has been filed or is pending
under this section. The Chief Financial Officer of the municipality
may pay charges out of the appropriate escrow account or deposit for
which an appeal has been filed. If a charge is disallowed after payment,
the Chief Financial Officer of the municipality shall reimburse the
deposit or escrow account in the amount of any such disallowed charge
or refund the amount to the applicant. If a charge is disallowed after
payment to a professional or consultant who is not an employee of
the municipality, the professional or consultant shall reimburse the
municipality in the amount of any such disallowed charge.
The Boards shall make rules governing the conduct of hearings,
which rules shall not be inconsistent with the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1, et seq.) or of this Ordinance.
The officer presiding at the hearing, or such person as he or
she may designate, shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties and the provisions of the County and Municipal Investigations
Law (N.J.S.A. 2A:67A-1, et seq.) shall apply.
The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the presiding
officer, and the right of cross examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
Technical rules of evidence shall not be applicable to the hearing,
but the Boards may exclude irrelevant, immaterial or unduly repetitious
evidence.
Each Board shall provide for the verbatim recording of the proceedings
by either stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at their expense. The charge for
the furnishing of said transcript or duplicate recording shall not
be in excess of the actual cost or such transcription or duplication.
Said transcript shall be certified in writing by the transcriber to
be accurate.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least ten
(10) days before the date of the hearing during normal business hours
in the office of the Secretary of the Board. The applicant may produce
other documents, records, or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
A.
Public Notice. Public Notice of a hearing shall be given in the following
cases:
1.
Application for preliminary approval of a major subdivision.
2.
Application which requires a variance, direction for issuance of
a permit (N.J.S.A. 40:55D-34 and 36); interpretation of the zoning
map or Ordinance (N.J.S.A. 40:55D-70(b)); appeal of order of an administrative
officer of the Township (N.J.S.A. 40:55D-70(a)); or conditional use
(N.J.S.A. 40:55D-67);
3.
Application for preliminary major site plan approval.
4.
Extension of a preliminary major subdivision or a preliminary major
site plan (pursuant to section d. of N.J.S.A. 40:55D-49) or extension
of a final major subdivision or a final major site plan (pursuant
to section b. of N.J.S.A. 40:55D-52) for a period of five (5) years
or more.
5.
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development to which the resolution pertains required public notice.
B.
Public Notice Procedures.
1.
Public notice shall be given by publication in the official newspaper
of the Township at least ten (10) days prior to the date of the hearing.
2.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate, located in the State and within two
hundred (200) feet in all directions of the perimeter of the property
which is the subject of such hearing; provided that this requirement
shall be deemed satisfied by notice to the (a) condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or (b) horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Notice shall be
given by (1) serving a copy thereof on the property owner as shown
on the said current tax duplicate, or his or her agent in charge of
the property, or (2) mailing a copy thereof by certified mail to the
property owner at his or her address as shown on the said current
tax duplicate.
Notice to a partnership owner may be made be service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium community trust or homeowners' association,
because of its ownership of common elements or areas located within
two hundred (200) feet of the property which is the subject of the
hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners, or homeowners on account
of such common elements or areas.
C.
Other Notices Required.
1.
Notice of all hearings on applications for development involving
property located within two hundred (200) feet of an adjoining municipality
shall be given by personal service or certified mail to the clerk
of such municipality, which notice shall be in addition to the notice
required to be given pursuant to the New Jersey Municipal Land Use
Law to the owners of lands in such adjoining municipality which are
located within two hundred (200) feet of the subject premises.
2.
Notice shall be given by personal service or certified mail to the
County Planning Board of hearings on applications for (a) development
of property adjacent to an existing or proposed road shown on the
Official County Map or on the County Master Plan; (b) adjoining other
County land; or (c) situated within two hundred (200) feet of a municipal
boundary.
3.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
4.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds one hundred fifty (150) acres or five hundred
(500) dwelling units. Such notice shall include a copy of any maps
or documents required to be on file with the Township Clerk pursuant
to N.J.S.A. 40:55D-10(b).
5.
Notice of hearing on Master Plan, capital improvements program or
Official Map shall be given in accordance with N.J.S.A. 40:55D-13
and N.J.S.A. 40:55D-15, respectively.
6.
Notice shall be provided to such public utility cable television
companies and local utilities interested in receiving such notice
as have registered with Roxbury Township indicating that said public
utility, cable television company and local utility has a right-of-way
or easement.
D.
Time for Service. All notices hereinabove specified in this section
shall be given at least ten (10) days prior to the date fixed for
hearing.
E.
Method of Service. Any notice made by certified mail as hereinabove
required shall be deemed as complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
F.
Form of Notice. All required notices shall state the date, time and
place of the hearing, the nature of the matters to be considered and
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Tax Assessor's Office. The notice
shall indicate the location and times at which any maps and documents
for which approval is sought may be reviewed by the public. If the
application for development includes consideration of a conditional
use, the hearing notice shall include reference to the conditional
use.
G.
List of Property Owners Furnished. Pursuant to the provision of N.J.S.A.
40:55D-12(c), the Tax Assessor, within seven (7) days after receipt
of a request therefor and upon receipt of payment of a fee of ten
($10.00) dollars, or twenty-five (.25) cents per name, whichever is
more, shall make and certify a list from the current tax duplicate
of names and addresses of owners in the Township to whom the applicant
is required to give notice. The applicant shall also supply to the
Tax Assessor at the time of request a map showing all properties and
current tax map information for the subject property and all properties
within two hundred (200) feet of the perimeter of the subject property.
The applicant shall be entitled to rely upon the information contained
in such list and failure to give notice to any owner not on the list
shall not invalidate any hearing or proceeding.
H.
Material to be Filed with Board. The applicant shall file an affidavit
of proof of service, form of notice, list of property owners served,
and map specified in paragraph above with the Board prior to the hearing.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board which shall include findings
of fact and legal conclusions based thereon. Failure of a motion to
approve an application for development to receive the number of votes
required for approval shall be deemed an action denying the application.
B.
The Board may provide such written decision and findings and conclusions
either on the date of the meeting at which the Board takes action
to grant or deny approval, or within forty-five (45) days of such
meeting by the adoption of a resolution of memorialization setting
forth the decision and the findings and conclusions of the Board thereon.
An action resulting from the failure of a motion to approve an application
shall be memorialized by resolution as provided above.
Failure to adopt a resolution of memorialization pursuant to
this section within the applicable time period for rendering a decision
on the application for development shall not constitute a failure
to act on the application pursuant to N.J.S.A. 40:55D-61, 40:55D-73
or 40:55D-76c. The memorializing resolution shall be adopted by a
vote of a majority of the members of the approving Board, then present,
who voted for the action previously taken, and no other member shall
vote thereon. The vote on such resolution shall be deemed to be memorialization
of an action of the approving Board, and not to be an action of the
approving Board.
C.
A copy of the decision shall be mailed by the Secretary of the Board
within ten (10) days of the date of decision to the applicant or,
if represented, then to his attorney, without separate charge. A copy
of the decision shall also be mailed to all persons who have requested
it and who have paid the fee prescribed by the Board for such service.
A copy of the decision shall also be filed in the office of the Secretary
of the Board, who shall make a copy of such filed decision available
to any interested party upon payment of a fee calculated in the same
manner as those established for copies of other public documents in
the municipality.
D.
The applicant shall arrange for the publication of a brief notice
of the decision in the official newspaper designated by the Board
for publication within ten (10) days of the date of any such decision
or date of resolution of memorialization.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either board shall
be conditioned upon either the prompt payment of such taxes or assessments,
or the making of adequate provision for the payment thereof in such
manner that the Township will be adequately protected. Proof that
no taxes or assessments are in arrears shall be presented on forms
provided by the Tax Collector.
A.
In the event that a developer submits an application which the Planning
Board or the Zoning Board of Adjustment finds it cannot approve in
its submitted form due to reasonable planning, engineering, or legal
considerations, the approving Board may modify the application or
place reasonable conditions on the approval of same; provided, however,
that the Planning Board or Zoning Board of Adjustment shall state
the reasons for the modifications and/or conditions.
B.
In the event that a developer submits an application which requires
action or approval by other agencies or persons, the approving Board
may, in appropriate instances, process such application in accordance
with this Ordinance, and if such application complies with all Township
regulations, the approving Board may approve such application conditioned
upon the receipt of the required actions or approvals.
C.
In the event that, during the period of approval heretofore or hereafter
granted to an application, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any State agency,
political subdivision or other party to protect the public health
or welfare and the developer is otherwise ready, willing and able
to proceed with said development, the running of the period of approval
under this article shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
D.
In the event that development proposed by an application requires
an approval by a governmental agency other than the Planning Board
or the Zoning Board of Adjustment, the Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Board shall make a decision on any application
within the time period provided in this Ordinance or within an extension
of such period as has been agreed to by the applicant unless the Planning
Board is prevented or relieved from so acting by the operation of
law.
The approving Board and an applicant may mutually agree to extend
the time limit specified for action. Such extension shall be made
for a specific period of time and indicated in the minutes of the
meeting. Requests for extensions by the applicant shall be made by
the applicant at the meeting or in writing prior to the meeting. Agreement
by an applicant to an adjournment of a hearing shall constitute consent
to extend the time for Board action on the application through the
agreed upon adjournment date.
[Ord. No. 15-09 § 4]
Construction pursuant to a bulk "c" or use "d" variance or design
waiver granted in connection with the approval of a site plan or subdivision
shall be commenced within the statutory time limit for said site plan
or subdivision approval pursuant to N.J.S.A. 40:55D-49 and 40:55D-52,
or any extension thereof. A bulk "c" or use "d" variance or design
waiver which is not part of a site plan or subdivision shall be implemented
within three (3) years of the memorialization date of the resolution
of approval. Any bulk "c" or use "d" variance or design waiver not
implemented as set forth herein shall be void.
A.
The prospective purchasers, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, may apply
in writing to the Secretary of the Board for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
approving Board. Such application shall contain a diagram showing
the location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
The Secretary of the Board shall make and issue such certificate
within thirty (30) days after the receipt of such written application
and the fees therefor and shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record in the officer's office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land", and shall certify:
1.
That there exists a duly established Planning Board and that there
is an ordinance controlling subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in said
application, has been approved by the Planning Board, and, if so,
the date of such approval and any extensions and terms thereof, showing
that the subdivision of which the lands are a part is a validly existing
subdivision.
The Secretary of the Board shall, in connection with the issuance of such certificates of approval, collect fees specified in Section 13-2.4 of this Ordinance. The fees so collected by such official shall be paid to the municipality.
B.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the municipality.
If the Secretary of the Board fails to issue the same within
thirty (30) days after receipt of an application and the fees therefor,
any person acquiring an interest in the lands described in such application
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the Township.
The Planning Board or Board of Adjustment, whichever approving authority shall have jurisdiction in the matter, may require, as a condition of its approval, that the applicant enter in a Developer's Agreement with the Township Council providing for such reasonable conditions as the approving authority finds necessary to assure that the required improvements shall be properly installed and will function so as not to create any nuisance or condition adverse to the public interest, which Agreement shall be acceptable in form and content by the Township Council. The agreement may not be assigned without the written consent of the Township Council. A developer's agreement shall be required by the Planning Board as a precondition to the filing of the final plat whenever it grants a final subdivision approval pursuant to which the applicant is permitted to furnish a performance guarantee for some or all of the subdivision improvements set forth in Section 13-4.2. In such final subdivision approvals, the Planning Board may recommend the inclusion of certain provisions in the developer's agreement with respect to the issues to be covered by the developer's agreement, which may include, without limitation, the time period for the installation of improvements, phasing schedule, and conditions precedent to the issuance of certificates of occupancy. The developer's agreement with the Township of Roxbury shall address the following matters:
A.
Time Period for Installation of Improvements.
B.
Phasing Schedule.
C.
Maintenance of Improvements Prior to Acceptance.
D.
Insurance Coverage.
E.
Conditions precedent to the issuance of and the number of building
permits and certificates of occupancy.
F.
Remedies Upon Default.
G.
Liens for Municipal Costs.
H.
Other matters deemed relevant by the Mayor and Council to protect
the public health, safety and general welfare of the residents of
the Township of Roxbury.
I.
The purpose of the developer's agreement shall always be to promote
the public health, safety and general welfare of the residents of
the Township of Roxbury and to secure their safety from fire, flood,
panic and other natural and man-made disasters to the end that each
dwelling unit and tract area is as complete as possible before residents
are residing or using the facilities located herein.
A.
A Certificate of Occupancy issued by the Construction Official is
required for the initial occupancy and use of a building or land.
A Certificate of Occupancy is also required for the continued occupancy
and use of a building or land as to which there has been either: (1)
a change of use, occupancy, tenancy, or ownership; (2) any construction,
reconstruction, restoration, or alteration of the existing building,
aside from normal maintenance and repair; or (3) an expansion of the
area of land used or occupied. Before issuing a Certificate of Occupancy,
the Construction Official shall have received from the Zoning Officer
a copy of the Zoning Permit issued for the current building, use,
occupancy and/or tenancy.
B.
No Certificate of Occupancy for any land or building shall be issued
until the Construction Official has certified that all required improvements
or conditions of the approved building plans have been met, installed
or completed. Before so certifying, the Construction Official shall
have received from the Township Engineer a certification that all
site work has been completed in accordance with the requirements of
the approved site plan. In the event of a failure to comply with the
approved site plan, or any conditions or requirements thereof, the
Construction Official shall revoke the building permit and/or the
Certificate of Occupancy and take appropriate enforcement actions.
C.
A Temporary Certificate of Occupancy may be issued only for a specific
period, not to exceed one hundred eighty (180) days, upon such conditions
as the Township Engineer may impose, such as bonding, to ensure the
completion or installation of any such improvements unfinished because
of weather or unforeseen delay. The Construction Official shall only
issue a temporary Certificate of Occupancy after having received the
certification of the Township Engineer that the delay in completion
of improvements will involve no significant detriment or risk to public
health or safety. The installation of any required public or private
improvements may also be delayed if the Township Engineer certifies
in writing to the Construction Official that the delay is in the best
interests of the Township.
D.
No Certificate of Occupancy shall be issued until a Zoning Permit
has been issued by the Zoning Officer.
A.
No building shall be occupied or used until such time as a Certificate
of Occupancy is issued by the Construction Official. Such certificate
shall be issued upon application by the owner, prospective occupant
or purchaser only after the Construction Official determines that
the facts represented on the application are correct and that the
building, structure, or use is in conformance with the provisions
of this Ordinance.
B.
Compliance with Other Ordinances Required. A Certificate of Occupancy
shall not be issued until the Construction Official receives the certification
of the Township Engineer that all applicable codes and ordinances
have been complied with.
C.
Where a building is completed or sections are completed and safe
for human occupancy, the Construction Official may issue a temporary
Certificate of Occupancy for that portion of the building which has
been certified by the Township Engineer to be safe for human habitation
while work proceeds to bring the entire building into compliance with
the Township's codes. Such temporary Certificate of Occupancy shall
contain such restrictions as may be imposed by the Township Engineer
to protect the health and safety of the building's occupants.
D.
No Certificate of Occupancy shall be issued until the Roxbury Township
Health Department certifies that the septic system has been properly
installed and the water supply is satisfactory.
E.
No Certificate of Occupancy shall be issued until the driveway has
been inspected and is satisfactory.
F.
No Certificate of Occupancy shall be issued until a Zoning Permit
has been issued by the Zoning Officer.
[Ord. No. 15-09 § 5; Ord. No. 4-11]
No land shall be used, no use shall be commenced and no structure shall be erected, constructed, reconstructed, altered, or converted and no land, use or structure shall be changed from an existing use to a new use until a zoning permit is issued by the Zoning Officer, stating that such use, structure or building conforms and complies with the provisions of this chapter or that a variance has been granted from the appropriate provisions of this chapter by a board of competent jurisdiction. A zoning permit shall be required for any change of use, occupancy, tenancy, or ownership of a building or land or any portion thereof. No zoning permit shall be issued unless a site plan for the current building, use, occupancy, and/or tenancy has been granted by the approving Board, or the conditions for waiver of site plan review set forth in section 13-3.101 of this Ordinance have been satisfied. All applications for zoning permits shall include, without limitation, calculations of impervious coverage and building lot coverage.
All applications for zoning permits shall provide documentation
of compliance with all applicable requirements of local, County, State
and Federal governmental ordinances, statutes and regulations, pertaining
to the proposed use, structure and/or building, including without
limitation the Highlands Act and its implementing regulations. If
the use, structure and/or building to which a zoning permit pertains
is not commenced within two (2) years of the issuance of the zoning
permit, the zoning permit shall expire and shall become null and void.
No zoning permit shall be issued unless the Applicant submits
proof that no taxes or assessments for local improvements are due
or delinquent on the property for which the application is made.
There is created the position of Zoning Officer. It is the duty
of the Zoning Officer to enforce the Roxbury Township Ordinances and
Resolutions of Memorialization of an approving authority.
It shall be the duty of the Zoning Officer to investigate any
violation of the ordinance coming to his attention whether by complaint
or by his own personal knowledge or observation. Where any building
or structure is erected, constructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of any provision of this Ordinance, or in violation of the terms and
conditions of an approval by the Planning Board or the Zoning Board
of Adjustment of a resolution memorialization of an application for
development, the Zoning Officer shall serve notice upon the owner
or person violating the ordinance either personally or by registered
mail to remove said violation within ten (10) days. For purposes of
this section, the approval of the Planning Board or Zoning Board of
Adjustment by means of resolution memorialization of any application
for development shall remain in full force and effect and enforceable
until modified, vacated, or otherwise acted upon by said Planning
Board or Zoning Board of Adjustment. If, after ten (10) days, the
violation still exists, the Zoning Officer may either:
A.
After consultation with the Township Attorney or Township Prosecutor,
file a complaint in the Municipal Court of the Township of Roxbury
against the owner, his agent, or any person or corporation perpetrating
said violation, and shall prosecute such complaint in said Municipal
Court.
B.
Upon the express authority of the Township Council and with the advice
and assistance of the Township Attorney, file in the Superior Court
a complaint to terminate said violation.
C.
It shall be the duty of the Zoning Officer to review all applications
for building permits and approve such permits issued, with a notation
of all special conditions involved. He shall mark approval and date
the applications, assure copies of all plans and specifications submitted
when such applications are filed and the same shall form a part of
the records of the Township and shall be available to the Governing
Body and all other officials of the Township.
D.
No building permit shall be issued unless the plans accompanying
the building permit application are accompanied by an approved zoning
permit. No zoning permit shall be issued unless the proposed structure,
use, temporary activity or required construction activity necessary
to implement the proposed plans are in compliance with the Roxbury
Township ordinances and conditions of any resolution of memorialization
approved by the Planning Board or the Zoning Board of Adjustment.
In cases involving the new use, occupancy, ownership or tenancy of
an existing structure, no Certificate of Occupancy for the new tenant
shall be issued until the zoning permit has been issued.
Non-refundable inspection fees will be charged for the Zoning
Officer's inspections through fees paid in accordance with the rules
and regulations of the Construction Department.
If, before final approval has been granted, any person transfers
or sells or agrees to transfer or sell, except pursuant to an agreement
expressly conditioned on final subdivision approval, as owner or agent,
any land which forms a part of a subdivision for which municipal approval
is required by ordinance pursuant to this Ordinance, such person shall
be subject to a penalty not to exceed one thousand ($1,000.00) dollars
and each lot disposition so made shall be deemed a separate violation
in Municipal Court. In addition to the foregoing, the Township may
institute and maintain a civil action:
A.
For injunctive relief; and
B.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued.
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 developer
or his assigns or successors, to secure the return of any deposits
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 (2) years after the date of the recording of the
instrument of transfer, sale or conveyance of said land or within
six (6) years, if unrecorded.
[Ord. No. 34-01 § 1; Ord. No. 4-06 § 3; Ord. No. 08-15]
A.
In case any building or structure is erected, constructed, altered,
repaired, converted, or maintained, or any building, structure or
land is used in violation of the Roxbury Township ordinances or conditions
of a resolution memorialization adopted by the Planning Board or Zoning
Board of Adjustment or of other regulations made under authority conferred
hereby, the proper local authorities of the Township or any interested
party, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
to restrain, correct or abate such violation, to prevent the occupancy
of the building, structure or land, or to prevent any illegal act,
conduct of business or use in or about such premises.
B.
Any person, firm or corporation who violates any provision of this
chapter, or any order, decision, or determination by the Board of
Adjustment or Planning Board, shall be subject to a fine of not more
than one thousand two hundred fifty ($1,250.00) dollars or imprisonment
for a term not exceeding ninety (90) days or a period of community
service for not more than ninety (90) days, or any combination thereof.
Each and every day in which such a violation exists shall constitute
a separate violation without issuance of separate summonses for each
day's offense. Any person who is convicted of violating a provision
of this chapter within one (1) year of the date of a previous violation
for the same offense and who was fined for the previous violation
shall be sentenced by the Court to an additional fine as a repeat
offender. The additional fine imposed by the Court upon a person for
a repeated offense shall not exceed one thousand two hundred fifty
($1,250.00) dollars for each repeat violation, and shall be calculated
separately from the fine imposed for the violation.
[Ord. No. 08-15]
The Planning Board and Zoning Board of Adjustment, when acting
upon applications for preliminary or minor subdivision approval, shall
have the power to grant such waivers from the design standard requirements
for subdivision approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision review and approval
of an ordinance adopted pursuant to this article, if the literal enforcement
of one or more provisions of the ordinance is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
The Planning Board and Zoning Board of Adjustment, when acting
upon applications for preliminary site plan approval, shall have the
power to grant such waivers from the design standard requirements
for site plan approval as may be reasonable and within the general
purpose and intent of the provisions for site plan review and approval
of an ordinance adopted pursuant to this article, if the literal enforcement
of one or more provisions of the ordinance is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision or site plan approval without the developer being
required to make further application to the Planning Board, or the
Planning Board being required to hold further hearings. The longest
time period for action by the Planning Board, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
Concerning the Master Plan, the Planning Board shall give notice
as hereinafter described, all certified mail notices to be deemed
complete on mailing:
A.
Public notice of a hearing on adoption; revision or amendment of
the Master Plan; such notice shall be given by publication in the
official newspaper of the Township or in a newspaper of general circulation
in the Township at least ten (10) days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining
Municipality of all hearings on adoption, revision or amendment of
a Master Plan involving property situated within two hundred (200)
feet of such adjoining municipality at least ten (10) days prior to
the date of any such hearing.
C.
Notice by personal service or certified mail to the Morris County
Planning Board of (1) all hearings on the adoption revision or amendment
of the municipal Master Plan at least ten (10) days prior to the date
of the hearing; such notice shall include a copy of any such proposed
Master Plan, or any revision or amendment thereto; and (2) the adoption,
revision or amendment of the Master Plan not more than thirty (30)
days after the date of such adoption, revision or amendment; such
notice shall include a copy of the Master Plan or revision or amendment.
A.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within two hundred (200) feet of such adjoining municipality
at least ten (10) days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the
Morris County Planning Board of (1) all hearings on the adoption,
revision or amendment of any development regulation at least ten (10)
days prior to the date of the hearing, and (2) the adoption, revision
or amendment of the Township Capital Improvement Program or Township
Official Map not more than thirty (30) days after the date of such
adoption, revision or amendment. Any notice provided hereunder shall
include a copy of the proposed development regulation, the Township
Official Map or the Township Capital Program, or any proposed revision
or amendment thereto, as the case may be.
Notice of hearings to be held pursuant to this section shall
state the date, time and place of the hearing and the nature of the
matters to be considered. Any notice by certified mail pursuant to
this section shall be deemed complete upon mailing.
Notice of a hearing on an amendment to the Zoning Ordinance
proposing a change to the classification or boundaries of a zoning
district, exclusive of classification or boundary changes recommended
in a periodic general re-examination of the Master Plan by the Planning
Board pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89),
shall be given at least ten (10) days prior to the hearing by the
Municipal Clerk to the owners of all real property as shown on the
current tax duplicates, located, in the case of a classification change,
within the district and within the State within two hundred (200)
feet in all directions of the boundaries of the district, and located,
in the case of a boundary change, in the State within two hundred
(200) feet in all directions of the proposed new boundaries of the
district which is the subject of the hearing. A protest against any
proposed amendment or revision of a Zoning Ordinance may be filed
with the Municipal Clerk, signed by the owners of twenty (20%) percent
or more of the area either (a) of the lots or land included in such
proposed change, or (b) of the lots or land extending two hundred
(200) feet in all directions therefrom inclusive of street space,
whether within or without the municipality. Such amendment or revision
shall not become effective following the filing of such protest except
by the favorable vote of two-thirds (2/3) of all the members of the
Governing Body of the municipality.
A notice pursuant to this section shall state the date, time
and place of the hearing, the nature of the matter to be considered
and an identification of the affected zoning districts and proposed
boundary changes, if any, by street names, common names or other identifiable
landmarks, and by reference to lot and block numbers as shown on the
current tax duplicate in the Municipal Tax Assessor's office.
Notice shall be given by: (1) serving a copy thereof on the
property owner as shown on the said current tax duplicate, or his
agent in charge of the property, or (2) mailing a copy thereof by
certified mail and regular mail to the property owner at his address
as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within two hundred (200) feet of the boundaries
of the district which is the subject of the hearing, may be made in
the same manner as to a corporation, in addition to notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
The Municipal Clerk shall execute affidavits of proof of service
of the notices required by this Section, and shall keep the affidavits
on file along with the proof of publication of the notice of the required
public hearing on the proposed Zoning Ordinance change. Costs of the
notice provision shall be the responsibility of the proponent of the
amendment.
This Chapter or any revision or amendment thereto shall not
take effect until a copy thereof shall be filed with the Morris County
Planning Board. The Official Map of the Township shall not take effect
until filed with the Morris County Recording Officer. Copies of this
chapter and any revisions or amendments thereto shall be filed and
maintained in the office of the Township Clerk.
[Ord. No. 20-06 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Township of Roxbury's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 20-06 § 1]
As used in this section, the following terms shall have the
meanings indicated:
shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Roxbury to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the Township of Roxbury.
[Ord. No. 20-06 § 1]
A.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Township of Roxbury.
B.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part-time municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Roxbury, including the following responsibilities which may not
be contracted out:
1.
Serving as the Township of Roxbury's primary point of contact
for all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
2.
Monitoring the status of all restricted units in the Township
of Roxbury's Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required
by COAH;
4.
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable;
5.
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH; and
6.
If applicable, serving as the Administrative Agent for some
or all of the restricted units in the Township of Roxbury as described
in paragraph F. below.
D.
Subject to approval by COAH, the Township of Roxbury may contract
with or authorize a consultant, authority, government or any agency
charged by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of the Township of
Roxbury. If the Township of Roxbury contracts with another entity
to administer all or any part of the affordable housing program, including
the affordability controls and Affirmative Marketing Plan, the Municipal
Housing Liaison shall supervise the contracting Administrative Agent.
E.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
F.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing:
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Township of Roxbury and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification:
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or non-eligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Township of Roxbury when referring households
for certification to affordable units.
3.
Affordability Controls:
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and rental:
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing request from unit owners:
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement:
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
