[Amended 12-13-2012 by Ord. No. 26-12]
The Mayor and Council and the Land Use Board shall adopt, and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Article V of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
[Amended 6-10-2021 by Ord. No. 16-21]
Every Borough agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the Borough agency shall be scheduled
not less than once a month and shall be held as scheduled unless canceled
for lack of applications for development to process. The Borough agency
may provide for special meetings, at the call of the Chairman or on
request of any two of its members, which shall be held on notice to
its members and the public in accordance with the provisions of the
Open Public Meetings Act, P.L. 1975, c. 231,[1] and agency regulations. The Borough agency may also provide for special meetings at the request of an applicant in the same manner. The fee for any meeting requested by the applicant shall be as provided in Chapter A263, Fees. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by statute or ordinance. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
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 provisions of the Open Public Meetings Act,
P.L. 1975, c. 231,[1] and agency regulations. An executive session for the purpose
of discussing and studying any matter to come before the agency shall
not be deemed a regular or special meeting.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Minutes of every regular or special meetings shall be kept and shall include the names of all persons appearing and addressing the Borough agency and of the persons appearing by attorney, the action taken by the Borough agency and 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 administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested parties may be charged a fee as established by Article V of this chapter for reproduction of the minutes.
A.
The Borough agency shall hold a hearing on each application
for development or adoption, revision or amendment of the Master Plan.
B.
The Borough agency shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or such person
as may be designated shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
D.
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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the Chairman of the Borough agency may exclude
irrelevant, immaterial or unduly repetitious evidence.
F.
The Borough agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Borough agency shall furnish a transcript, or
duplicate recordings in lieu thereof, on request to any interested
party at his or her expense in accordance with applicable law.
G.
The Borough agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Borough
agency shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided in the act for action by the Borough agency on
the application for development; or
(2)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Borough agency voted to grant or deny approval. Only the members of
the Borough agency who voted for the action taken may vote on the
memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. An action pursuant to
N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve
an application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the action of the Borough agency and not to be an action of the Borough
agency; however, the date of the adoption of the resolution shall
constitute the date of the decision for purposes of the mailings,
filings and publications required by N.J.S.A. 40:55D-10. If the Borough
agency fails to adopt a resolution or memorializing resolution as
hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Borough agency
to reduce its findings and conclusions to writing within a stated
time, and the cost of the application, including attorney's fees,
shall be assessed against the Borough.
H.
A copy of the decision shall be mailed by the Borough
agency within 10 days of the date of decision to the applicant or,
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision, for a reasonable fee. A
copy of the decision shall also be filed by the Borough agency in
the office of the administrative officer. The administrative officer
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
his office during reasonable hours.
I.
A brief notice of the decision shall be published
in the official newspaper of the Borough, if there be one, or in a
newspaper of general circulation in the Borough. Such publication
shall be arranged by the administrative officer who is so designated
by ordinance, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
or she so desires. The Borough may make a reasonable charge for its
publication. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the Borough or the applicant.
[Amended 12-13-2012 by Ord. No. 26-12]
At the request of the developer, the Land Use
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The amount of any fees for such an informal review
shall be a credit toward fees for review of the application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the Land Use Board shall not be bound by any such
review.
[Added 6-10-2021 by Ord. No. 17-21]
A.
An applicant may request a pre-application sketch review to provide
an opportunity for the applicant to receive general zoning guidance
and input during the formative stages of subdivision and site plan
design, and discuss compliance with the ordinance.
B.
Application for pre-application sketch review shall be made on a
form provided by the Land Use Administrator and shall provide all
information required therein, such as basic applicant and property
information, certification of ownership and tax status, a survey,
technical fee deposit, and a concept sketch, and then will be scheduled
for the next available pre-application sketch plan meeting.
C.
There shall be no application fee for pre-application sketch plan review. However, applicants will be required to provide fees equal to charges by outside professionals for services rendered in connection with review of submitted materials. Initial deposits shall comply with the schedule set forth in Chapter A263, Fees.
D.
The pre-application sketch review must be attended by the applicant
and the Zoning Officer and/or Borough Planner, and may be attended
by the applicant's professionals, Borough professionals, and Borough
representatives, as applicable and appropriate.
E.
Neither the applicant nor the Borough representatives shall be bound
by any sketch plan for which review is requested.
F.
Submission for a pre-application sketch review shall not preclude
an applicant from proceeding at any time with the usual application
for a concept plan at the Land Use Board, formal application to the
Land Use Board, or permits as applicable.
[Added 6-10-2021 by Ord. No. 17-21]
A.
An applicant may request a post-application technical review from
the Land Use Board, where the applicant and the Board professionals
can discuss major and minor technical issues, identify all variances,
identify additional information that needs to be provided, and determine
necessary Borough interdepartment involvement where applicable.
B.
The purpose of the application technical review meeting is to identify
and resolve any technical concerns of the Board's representatives
prior to the presentation of the application to the approving authority,
so that the public hearing can operate most efficiently and effectively
within its jurisdiction.
C.
Upon application submission and when all administrative items are
determined to be complete (i.e., application fees and escrow deposits,
proof of ownership and taxes paid, etc.), the Land Use Administrator
shall schedule an application technical review meeting within 45 days
at the applicant's request. An applicant may opt to not participate
in the post-application technical review meeting.
D.
The meeting shall include the applicant, any representatives they
wish to have attend, the Board professionals, and Board representatives
as appropriate.
E.
Decisions and discussions at the application technical review meeting
are nonbinding, and all testimony must be provided to the Board at
public hearing as required.
F.
No separate application or fee will be charged, as this meeting will
be a part of the process for applications.
A member of a Borough agency who was absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings; provided,
however, that such Board member has available to him or her the transcript
or recording of all of the hearing from which he or she was absent
and certifies, in writing, to the Board that he or she has read such
transcript or listened to such recording.
[Added 5-14-2009 by Ord. No. 04-09]
In accordance with N.J.S.A. 40:55D-10.3, the
following development checklist must be completed and submitted with
the appropriate applications for the development. The checklist items
are provided to the applicant as a simplified list of the information,
which must be filed in support of an application for development.
Where the applicant feels that a required item is not necessary for
an informed evaluation of his plans, a waiver may be requested from
the appropriate board, in writing. Unless a waiver is requested in
writing and granted by the appropriate board, if items required in
the checklist are not provided with the application, the application
shall be deemed incomplete.
A.
Administrative checklist.
(2)
For preliminary site plan, preliminary minor
subdivision or preliminary major subdivision applications:
(a)
Four full sets of the plan, addressing all requirements
of the preliminary checklist.
(b)
Four copies of plans showing the site layout,
existing and proposed topography, landscaping, lighting, zone data
box (may be a sheet or miscellaneous sheets from the full site plan
submission).
(c)
For site plans only, four copies of building
plans showing elevations and floor plans of any proposed building.
(3)
For all land use applications other than those identified in Subsection A(2) above: 18 copies of the plans and maps as required by the applicable checklist.
(5)
Copies of approval from other governmental agencies
as may be required or an affidavit indicating that application has
been made to such agencies, i.e., septic permits, Morris County Planning
Board, Morris County Soil Conservation District, New Jersey Department
of Environmental Protection (18 copies).
(6)
Completed and signed Administrative Checklist
and Schedule A Checklist applicable to the application (one copy).
(a)
Corporation or partnership Form, if applicable.
(7)
Certification of payment of taxes, liens and
assessments by the tax collector (one copy).
(8)
Complete fee calculation form (one copy). Upon
approval, fees and escrow deposits to be paid.
(9)
Compliance with legal notice requirements (must
be submitted no later than seven days prior to scheduled hearing date).
B.
Schedule A Checklist -- Appeal/interpretation.
(1)
Map prepared by the applicant or a professional
architect, engineer, planner or surveyor which clarifies, in sufficient
detail, the nature of the appeal or interpretation.
(2)
Any documentation, forms or correspondence which
explains the nature of the appeal or interpretation.
(3)
A graphic and/or written description of the
area surrounding the subject property.
(4)
A statement or legal brief which clarifies the
position of the applicant.
C.
Schedule A Checklist -- Conditional Use.
(1)
A notation indicating the section of the Borough
ordinance which allows the conditional use as proposed.
(2)
A listing of the conditional use standards which
apply to the subject proposal.
(3)
A list of identical or similar uses within the
Borough or in close proximity.
(4)
A graphic and/or written description of the
area surrounding the subject property.
D.
Schedule A Checklist -- "C" and "D" Variances.
(1)
Map, either in conformance with the ordinance
or, if the application is to be bifurcated, a separate map, signed
and sealed by a professional architect, engineer, planner or surveyor
which provides sufficient data (i.e., setbacks, lot area, existing
or proposed structures, etc.) upon which a decision can be based.
(2)
A graphic and/or written description of the
area surrounding the subject property, indicating buildings, and front,
side and rear yard dimensions.
(3)
A description of alternatives which were considered.
(4)
A statement or legal brief which clarifies why
the variance should be granted and the specific hardship involved.
Particular attention should be paid to relevant Borough ordinances,
applicable case law, and other New Jersey statutes.
E.
Schedule A Checklist -- Preliminary Minor Subdivision.
(1)
Plans drawn, signed and sealed by appropriate
New Jersey licensed professional person(s) pursuant to N.J.A.C. 13:40-7.1
et seq.
(2)
Plat scale to be not smaller than one inch equals
50 feet.
(3)
Key map showing the subject property and all
lands within 500 feet thereof with existing streets, rights-of-way,
easements, and zone boundaries.
(4)
Map sizes permitted: 24 inches by 36 inches;
30 inches x 42 inches.
(5)
Plans should contain the following:
(a)
Name of development.
(b)
Name and address of owner.
(c)
Name and address of applicant.
(d)
Date of preparation.
(e)
Block(s) and lot(s) developed.
(f)
Name, address, signature, seal and license number
of person(s) preparing plans.
(g)
Land Use Board application number (when assigned).
[Amended 12-13-2012 by Ord. No. 26-12]
(6)
Graphic and written scale, reference meridian.
(7)
Revision box and date of each revision.
(8)
Current survey (within five years) of the entire
tract or property, prepared by a New Jersey licensed surveyor, showing
the location of the portion to be divided therefrom, giving all distances
and showing all roads abutting or traversing the property. Development
boundaries shall be clearly delineated.
(10)
A list of all property owners within 200 feet,
as disclosed by a current (within six months) certified list of the
most recent tax records, including addresses and block and lot designations
on the plans.
(11)
Any municipal limits within 200 feet of the
development and the names and zoning of the adjoining municipalities.
(12)
Existing and proposed property lines with metes
and bounds description.
(13)
Existing and proposed streets, both public and
private, showing the right-of-way width and width of the traveled
way within 200 feet of the property.
(14)
Existing structures with uses, number of stories,
dimensions and setbacks to all property lines.
(15)
Existing physical features, including streams,
wetlands, floodplains, railroads, bridges, drainage, trees over 18
inches dbh, utilities, public and private easements, and reservations.
(16)
Area of existing and proposed lots in square
feet and acres.
(17)
Two-foot contours on site and 100 feet beyond
the property lines.
(19)
Representative concept house and grading showing
driveway profile grades, drainage swales, percolation test locations,
septic systems, wells, roof drainage, drywells, utility services at
a maximum scale of one inch equals 50 feet.
(20)
Location of all structures (with the number
of stories and uses), sidewalks, driveways, and existing and proposed
streets within 100 feet of the property.
(21)
Percolation or permeability test results, including
soil logs for each of the proposed lots witnessed by the Borough Health
Officer, together with Health Officer report confirming suitability.
(22)
A current letter of interpretation and associated
plan depicting wetlands areas and transition areas delineated.
(23)
Location of floodplains and floodways (if within
the jurisdiction of the New Jersey Department of Environmental Protection),
lakes, ponds, brooks, streams and drainage ditches within the property.
(24)
Sketch of proposed layout or disposition of
remaining lands, if any.
(25)
For plats involving a corner lot or lots, the
required sight triangle easements.
(26)
Setback lines for each of the proposed lots
based on the zone requirements.
(27)
The plans shall include the signature block
below:
[Amended 12-13-2012 by Ord. No. 26-12]
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Approved by the Borough of Rockaway Land Use
Board:
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Land Use Board Chairperson
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Date
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Land Use Board Secretary
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Date
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Land Use Board Engineer
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Date
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(29)
Erosion and sediment control plan at plan scale,
but no greater than one inch equals 100 feet.
(32)
All construction details for proposed improvements.
(34)
A copy of all existing protective covenants
or deed restrictions of every nature affecting the subject property,
including statements as to whether such deeds or covenants are of
record and as to the impact on the proposed project.
(35)
Location and use of all property to be reserved
by covenant in the deed for the common use of all property owners
or otherwise.
(36)
All public property and property proposed to
be dedicated in the tract, accurately outlined and described with
existing or proposed uses designated.
(37)
For those projects that lie within the Rockaway
River watershed, copy of correspondence to the Rockaway River Watershed
Cabinet advising them of the application.
F.
Schedule A Checklist -- Preliminary Major Subdivision.
(1)
Plans drawn, signed and sealed by appropriate
New Jersey licensed professional person(s) pursuant to N.J.A.C. 13:40-7.1
et seq.
(2)
Plat scale to be not smaller than one inch equals
100 feet.
(3)
Key map showing the subject property and all
lands within 500 feet thereof with existing streets, rights-of-way,
easements, and zone boundaries.
(4)
Map sizes permitted: 24 inches by 36 inches;
30 inches by 42 inches.
(5)
Plans should contain the following:
(a)
Name of development.
(b)
Name and address of owner.
(c)
Name and address of applicant.
(d)
Date of preparation.
(e)
Block(s) and lot(s) developed.
(f)
Name, address, signature, seal and license number
of person(s) preparing plans.
(g)
Land Use Board application number (when assigned).
[Amended 12-13-2012 by Ord. No. 26-12]
(6)
Graphic and written scale, reference meridian.
(7)
Revision box and date of each revision.
(8)
Current survey (within five years) of the entire
tract or property, prepared by a New Jersey licensed surveyor, showing
the location of the portion to be divided therefrom, giving all distances
and showing all roads abutting or traversing the property. Development
boundaries shall be clearly delineated.
(10)
A list of all property owners within 200 feet,
as disclosed by a current (within six months) certified list of the
most recent tax records, including addresses and block and lot designations
on the plans.
(11)
Any municipal limits within 200 feet of the
development and the names and zoning of the adjoining municipalities.
(12)
Existing and proposed property lines with metes
and bounds description.
(13)
Existing and proposed streets, both public and
private, showing the right-of-way width and width of the traveled
way within 200 feet of the property.
(14)
Existing structures with uses, number of stories,
dimensions and setbacks to all property lines.
(15)
Existing physical features including streams,
wetlands, floodplains, railroads, bridges, drainage, trees over 18
inches dbh, utilities, public and private easements, and reservations.
(16)
Area of existing and proposed lots in square
feet and acres.
(17)
Two feet contours on site and 100 feet beyond
the property lines.
(19)
Representative concept house and grading showing
driveway profile grades, drainage swales, percolation test locations,
septic systems, wells, roof drainage, drywells, utility services at
a maximum scale of one inch equals 50 feet.
(20)
Location of all structures (with the number
of stories and uses), sidewalks, driveways, traffic improvements such
as signals, signs, and channelization, and existing and proposed streets
within 200 feet of the property.
(21)
Percolation or permeability test results, including
soil logs for each of the proposed lots witnessed by the Borough Health
Officer, together with Health Officer report confirming suitability.
(22)
A current letter of interpretation and associated
plan depicting wetlands areas and transition areas delineated.
(23)
Location of floodplains and floodways (if within
the jurisdiction of the New Jersey Department of Environmental Protection),
lakes, ponds, brooks, streams and drainage ditches within the property.
(24)
Sketch of proposed layout or disposition of
remaining lands, if any.
(25)
For plats involving a corner lot or lots, the
required sight triangle easements.
(26)
Setback lines for each of the proposed lots
based on the zone requirements.
(27)
The plans shall include the signature block
below:
[Amended 12-13-2012 by Ord. No. 26-12]
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Approved by the Rockaway Borough Land Use Board:
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Land Use Board Chairperson
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Date
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Land Use Board Secretary
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Date
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Land Use Board Engineer
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Date
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(29)
Erosion and sediment control plan at plan scale,
but no greater than one inch equals 100 feet.
(32)
Lighting plan showing:
(a)
Location of existing and proposed streetlights.
(b)
Height of existing and proposed streetlights.
(c)
Construction details of proposed streetlights.
(d)
For existing and proposed light fixtures, 0.3
fc and 0.5 fc lines.
(e)
Catalog cut sheets for proposed lighting fixtures
along with isolux diagrams.
(34)
All construction details for proposed improvements.
(37)
A copy of all existing protective covenants
or deed restrictions of every nature affecting the subject property,
including statements as to whether such deeds or covenants are of
record and as to the impact on the proposed project.
(39)
Location and use of all property to be reserved
by covenant in the deed for the common use of all property owners
or otherwise.
(40)
Location of temporary sales office and storage
trailers, including temporary facilities for parking, landscaping,
drainage, fencing, lighting and signs.
(41)
All public property and property proposed to
be dedicated in the tract, accurately outlined and described with
existing or proposed uses designated.
(42)
For those projects that lie within the Rockaway
River watershed, copy of correspondence to the Rockaway River Watershed
Cabinet advising them of the application.
G.
Schedule A Checklist -- Final Subdivision.
(1)
Final Subdivision plans shall contain all requirements
noted in the Major Subdivision Schedule A Checklist.
(2)
Affidavit from applicant with reasonable supporting
documentation verifying compliance with all terms and conditions of
the preliminary approval (if filed separately from preliminary plans).
(3)
Affidavit from applicant indicating that the
final subdivision plan is identical to the preliminary plan. If not,
list specific changes with respect to any deviations (if filed separately
from preliminary plans).
(4)
Organization documents (if filed separately
from preliminary plans). These documents shall include:
(a)
Article of incorporation for any association
or other organization to maintain the common space or community facilities.
(b)
Bylaws and membership rules and regulations
of any such organization, defining its rights.
(c)
A copy of the master deed detailing the rights
and privileges of individual owners of common property.
(d)
A copy of all materials submitted to the Department
of Community Affairs as required by the New Jersey Planned Real Estate
Development Full Disclosure Act.[6] Regulations and evidence of acceptance of and/or approval
by the Department of Community Affairs.
[6]
Editor's Note: See N.J.S.A. 45:22A-21 et seq.
(e)
Covenants or easements restricting the use of
the common open space or elements.
(f)
Covenants or agreements requiring homeowners
or residents to pay the organization for the maintenance of the common
open space and/or community facilities. This shall include a proposed
schedule of membership fees for at least the first three years of
operation.
(5)
Maintenance agreements. If there is to be no
homeowners' or condominium association or similar arrangement for
the maintenance of common facilities, the developer shall furnish
an agreement under which private roads and other facilities will be
maintained, refuse collected and other supplementary services provided
(if filed separately from preliminary plans).
(6)
A deed, including a legal description by bearings
and distances with corresponding area in square feet and/or acres
of all lands to be dedicated for public use, i.e., easements, roads,
etc. (if filed separately from preliminary plans).
(7)
If development is in sections, the final plat
should so indicate. Also, adequate proof that each section stands
on its own for access, stormwater, utilities, etc.
(8)
An electronic copy of the approved plans in
a form acceptable to the Borough Engineer (if filed separately from
preliminary plans).
(9)
A written estimate of proposed construction
costs for both on- and off-site improvements. A performance guarantee
estimate by the applicant's engineer for all public improvements submitted
(if filed separately from preliminary plans).
H.
Schedule A Checklist -- Preliminary Site Plan.
(1)
Plans drawn, signed and sealed by appropriate
New Jersey licensed professional person(s) pursuant to N.J.A.C. 13:40-7.1
et seq.
(2)
Scale to be not smaller than one inch equals
50 feet.
(3)
Key map showing the subject property and all
lands within 500 feet thereof with existing streets, rights-of-way,
easements, and zone boundaries.
(4)
Map sizes permitted: 24 inches by 36 inches;
30 inches by 42 inches.
(5)
Plans should contain the following:
(a)
Name of development.
(b)
Name and address of owner.
(c)
Name and address of applicant.
(d)
Date of preparation.
(e)
Block(s) and lot(s) developed.
(f)
Name, address, signature, seal and license number
of person(s) preparing plans.
(g)
Land Use Board application number (when assigned).
[Amended 12-13-2012 by Ord. No. 26-12]
(6)
Graphic and written scale, reference meridian.
(7)
Revision box and date of each revision.
(8)
Current survey (within five years) of the entire
tract or property prepared by a New Jersey licensed surveyor, showing
the location of the proposed development, giving all distances and
showing all roads abutting or traversing the property. Development
boundaries shall be clearly delineated.
(10)
A list of all property owners within 200 feet,
as disclosed by a current (within six months) certified list of the
most recent tax records, including addresses and block and lot designations
on the plans.
(11)
Any municipal limits within 200 feet of the
development and the names and zoning of the adjoining municipalities.
(12)
Existing property lines with metes and bounds
description.
(13)
Existing and proposed streets, both public and
private, showing the right-of-way width and width of the traveled
way within 200 feet of the property.
(14)
Existing and proposed structures with uses,
number of stories, dimensions and setbacks to all property lines.
(15)
Existing and proposed sidewalks and driveways
within 100 feet for minor site plans and 200 feet for major site plans.
(16)
Existing and proposed parking spaces and loading
areas, including evidence of compliance with ADA guidelines.
(17)
Existing and proposed stormwater management,
sewer, sanitary lines or septic system design and water mains within
100 feet for minor site plans and 200 feet for major site plans.
(18)
Existing physical features both on site and
within 100 feet of the tract, including streams, wetlands, floodplains,
railroads, bridges, drainage, trees over 18 inches dbh, utilities,
public and private easements, and reservations.
(19)
Two-foot contours on site and 100 feet beyond
the property lines.
(21)
Location of all structures with the number of
stories and uses within 100 feet of the property.
(22)
A current letter of interpretation and associated
plan depicting wetlands areas and transition areas delineated.
(23)
Location of floodplains and floodways (if within
the jurisdiction of the New Jersey Department of Environmental Protection),
lakes, ponds, brooks, streams and drainage ditches within 100 feet
of the property.
(24)
Setback lines based on the zone requirements.
(25)
The plans shall include the signature block
below:
[Amended 12-13-2012 by Ord. No. 26-12]
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Approved by the Rockaway Borough Land Use Board:
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Land Use Board Chairperson
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Date
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Land Use Board Secretary
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Date
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Land Use Board Engineer
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(26)
Plans and design calculations for any stormwater
management systems or facilities in accordance with the Department
of Environmental Protection and local ordinance.
(27)
Erosion and sediment control plan at plan scale,
but no greater than one inch equals 100 feet.
(29)
Circulation plan showing:
(a)
Location of off-street parking.
(b)
Traffic improvements such as signals, signs
and channelization.
(c)
Pedestrian circulation.
(d)
Loading and unloading bays.
(e)
Proposed vehicular access, including curb cuts.
(f)
Traffic circulation around the site.
(g)
Aisle dimensions.
(h)
Parking space dimensions.
(i)
Handicapped parking in accordance with ADA guidelines.
(32)
Dimensioned preliminary architectural elevations
and plans of any proposed buildings showing windows and doors, roof
treatments, HVAC units, and preliminary floor plans of each floor
of the building.
(34)
All construction details for proposed improvements.
(37)
A copy of all existing protective covenants
or deed restrictions of every nature affecting the subject property,
including statements as to whether such deeds or covenants are of
record. Location, use and width of all existing and proposed easements
and a statement as to whether each is public or private.
(38)
All public property and property proposed to
be dedicated in the tract, accurately outlined and described with
existing or proposed uses designated.
(39)
Location and use of all property to be reserved
by covenant in the deed for the common use of all property owners
or otherwise.
(40)
Location of temporary sales office and storage
trailers, including temporary facilities for parking, landscaping,
drainage, fencing, lighting and signs.
(41)
For those projects that lie within the Rockaway
River watershed, copy of correspondence to the Rockaway River Watershed
Cabinet advising them of the application.
I.
Schedule A Checklist -- Final Site Plan.
(1)
Final Site Plans shall contain all requirements
noted in the Preliminary Site Plan Schedule A Checklist.
(2)
Affidavit from applicant with reasonable supporting
documentation verifying compliance with all terms and conditions of
the preliminary approval (if filed separately from preliminary plans).
(3)
Affidavit from applicant indicating that the
final site plan is identical to the preliminary plan. If not, list
specific changes with respect to any deviations (if filed separately
from preliminary plans).
(4)
Organization documents (if filed separately
from preliminary plans). These documents shall include:
(a)
Article of incorporation for any association
or other organization to maintain the common space or community facilities.
(b)
Bylaws and membership rules and regulations
of any such organization, defining its rights.
(c)
A copy of the master deed detailing the rights
and privileges of individual owners of common property.
(d)
A copy of all materials submitted to the Department
of Community Affairs as required by the New Jersey Planned Real Estate
Development Full Disclosure Act.[8] Regulations and evidence of acceptance of and/or approval
by the Department of Community Affairs.
[8]
Editor's Note: See N.J.S.A. 45:22A-21 et seq.
(e)
Covenants or easements restricting the use of
the common open space or elements.
(f)
Covenants or agreements requiring homeowners
or residents to pay the organization for the maintenance of the common
open space and/or community facilities. This shall include a proposed
schedule of membership fees for at least the first three years of
operation.
(5)
Maintenance agreements. If there is to be no
homeowners' or condominium association or similar arrangement for
the maintenance of common facilities, the developer shall furnish
an agreement under which private roads and other facilities will be
maintained, refuse collected and other supplementary services provided
(if filed separately from preliminary plans).
(6)
A deed, including a legal description by bearings
and distances with corresponding area in square feet and/or acres
of all lands to be dedicated for public use, i.e., easements, roads,
etc. (if filed separately from preliminary plans).
(7)
An electronic copy of the approved plans in
a form acceptable to the Borough Engineer (if filed separately from
preliminary plans).
(8)
Separate written estimates of proposed construction
costs for both on- and off-site improvements (if filed separately
from preliminary plans).
(9)
A copy of all existing and proposed protective
covenants or deed restrictions of every nature affecting the subject
property, including a statement as to whether such deeds or covenants
are of record.
An application for development shall be complete
for purposes of commencing the applicable time period for action by
a Borough agency, when so certified by the Borough agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period, unless:
A.
The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant; and
B.
The Borough agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he or she is entitled to approval of the
application. The Borough agency may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Borough agency.
An applicant shall comply with the provisions
of this section whenever the applicant wishes to claim approval of
an application for development by reason of the failure of the Borough
agency to grant or deny approval within the time period provided in
the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et
seq. or any supplement thereto.
A.
The applicant shall provide notice of the default
approval to the Borough agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development, but, for purposes of determining who is entitled
to notice, the hearing on the application for development shall be
deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
B.
The applicant shall arrange publication of a notice
of default approval in the official newspaper of the Borough, if there
be one, or in a newspaper of general circulation in the Borough.
Notices pursuant to N.J.S.A. 40:55D-12 and N.J.S.A.
40:55D-13 shall state the date, time and place of the hearing, the
nature of the matters to be considered and, in the case of notices
pursuant to N.J.S.A. 40:55D-12, an 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 Borough Tax Assessor's office and the location and times at which
any maps and documents for which approval is sought are available.
Notice pursuant to this section shall be given
by the applicant. Notice shall be given at least 10 days prior to
the date of the hearing.
A.
Public notice of a hearing on an application for development
shall be given except for conventional site plan review, minor subdivisions
or final subdivision approval; and further provided that public notice
shall be given in the event that relief is requested pursuant to N.J.S.A.
40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development
otherwise excepted herein from public notice. For purposes of this
section, the term “application for development” shall
be defined as including applications pursuant to N.J.S.A. 40:55D-70a
and N.J.S.A. 40:55D-70b, and notice of applications pursuant to N.J.S.A.
40:55D-70a and N.J.S.A. 40:55D-70b shall be given in accordance with
this section. Public notice shall be given by publication in the official
newspaper of the Borough, if there be one, or in a newspaper of general
circulation in the Borough.
[Amended 10-12-2006 by Ord. No. 20-06]
B.
Serving of notice.
(1)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or the agent in charge of the property or mailing a copy thereof, by certified mail, to the property owner at the address shown on the current duplicate.
(2)
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 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.
Upon the written request of an applicant, the Tax Collector shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. In addition, the Tax Collector shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection H of this section. 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. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
[Amended 5-14-2009 by Ord. No. 04-09]
D.
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
E.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
F.
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.
G.
Notice shall be given, by personal service or certified
mail, to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10.
H.
Notice of hearings on applications for approval of a major subdivision requiring public notice pursuant to Subsection A of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with N.J.S.A. 40:55D-12.1, by:
(1)
Serving a copy of the notice on the person whose name
appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(2)
Mailing a copy thereof, by certified mail, to the
person whose name appears on the registration form at the address
shown on that form.
I.
The applicant shall file an affidavit of proof of
service with the Borough agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
[Amended 12-13-2012 by Ord. No. 26-12]
The Land Use Board shall give:
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 Borough, if there be one, or in a
newspaper of general circulation in the Borough at least 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 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
C.
Notice, by personal service or certified mail, to
the County Planning Board of all hearings on the adoption, revision
or amendment of the municipal Master Plan at least 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. Such notice shall
include a copy of the Master Plan or revision or amendment thereto.
Any notice made by certified mail pursuant to
this chapter shall be deemed complete upon mailing.
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 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
B.
Notice, by personal service or certified mail, shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearing and the adoption, revision or amendment
of the Borough capital improvement program or Borough Official Map
not more than 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 Borough Official Map or the Borough
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 set 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.
A.
Development regulations, except for the Official Map,
shall not take effect until a copy thereof shall be filed with the
County Planning Board. A zoning ordinance or amendment or revision
thereto which in whole or in part is inconsistent with or not designed
to effectuate the land use plan element of the Master Plan shall not
take effect until a copy of the resolution required by N.J.S.A. 40:55D-62
shall be filed with the County Planning Board. The Secretary of the
county Planning Board shall within 10 days of the date of receipt
of a written request for copies of any development regulation make
such available to the party so requesting with said Secretary's certification
that said copies are true copies and that all filed amendments and
resolutions are included. A reasonable charge may be made by the County
Planning Board for said copies.
B.
The Official Map of the Borough shall not take effect
until filed with the County Recording Officer.
C.
Copies of all development regulations and any revisions
or amendments thereto shall be filed and maintained in the office
of the Borough Clerk.
[1]
Editor's Note: Former § 169-39,
Appeal to the Mayor and Council, was repealed 2-14-2008 by Ord. No.
03-08.
A.
No building or structure or part thereof shall be erected, raised, moved, extended, enlarged, altered, converted, the use changed or demolished unless and until a permit has been issued by the Construction Official. Application therefor shall be filed in triplicate with the Construction Official by the owner, or his agent, and shall state the intended use of the structure and the land. The application shall be accompanied by detailed plans and specifications pursuant to the Uniform Construction Code. Applications for new buildings or additions to buildings shall be accompanied by a plot plan showing finished grades and existing grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all of the requirements of Chapter 172 for the zone district in which the premises is located. Said plan shall be drawn to scale and shall show actual dimensions and figures. All plans, specifications and plot plans shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey; provided, however, that the owner of a single-family residence may sign said plans in the event that he or she has prepared them and intends to occupy said premises. The owner shall file an affidavit to that effect with said plans. A plot plan, but only a plot plan, may be prepared and certified by a licensed land surveyor of the State of New Jersey.
B.
No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration, conversion or change in use of any building or structure, or any part thereof, unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the Borough of Rockaway. No building permit or zoning permit shall be issued for the erection, raising, moving, extending, enlargement or alteration, conversion or change in use of any building or structure, or part thereof, until site plan approval where required pursuant to Chapter 171 has been granted by the appropriate Borough agency, including the requirements of § 172-12 regarding conversions of existing structures.
Whenever connections to public water supply
mains or to a public sewage system are not available on any lot shown
on an approved plat, no building permit for any structure involving
or intending to involve human occupancy shall be issued unless and
until the Board of Health has certified that proper water supply and
sanitary disposal facilities can be constructed and maintained. Furthermore,
no certificate of occupancy indicating conformity with zoning and
other municipal ordinances shall be issued, except where actual connections
to a public water main or public sanitary sewer are installed and
ready for use, until the Board of Health has certified that the individual
sewage disposal system or private source of water supply has been
constructed in a proper manner, is adequate in capacity for the purpose
and is ready for service.
A.
No land shall be occupied or used in whole or in part
for any purpose whatsoever unless and until a zoning permit therefor
shall have been issued by the Zoning Officer. A zoning permit shall
be required for the use of any premises which does not have upon it
a building. Whenever there shall be a change contemplated in the use
or an enlargement of an existing use of any premises which does not
have a building upon it, a new zoning permit therefor shall be required.
B.
A zoning permit shall be required when any premises
within the Borough are currently being used for a primary conforming
use and the owner of said premises wishes to use said premises for
any secondary use. For the purpose of this subsection, "secondary
use" shall be defined as any activity which is not directly related
to the primary use of the premises or is necessary for the primary
use of the premises. The Zoning Officer may, in his discretion, grant
said permit if the Zoning Officer finds that said secondary use will
not be detrimental to the Zoning Ordinance[1] and zone plan nor impair the welfare of the residents
of the Borough of Rockaway nor impair the safety and health of the
residents of the Borough of Rockaway. The Zoning Officer shall not
issue a zoning permit in any zone for the use of any premises whether
or not said use is a primary or secondary use if said use does not
conform to the requirements of the Zoning Ordinance of the Borough
of Rockaway.
[Added 2-26-2015 by Ord. No. 02-15]
A.
Any party seeking to make a change in a permitted nonresidential
use, building or structure shall be required to obtain a change of
permitted use permit. For the purpose of this section, "change of
use" shall include the conversion of any building or any part thereof
from an existing permitted nonresidential use to another nonresidential
use which is also permitted in the zone in which the building is located;
modification, expansion or conversion of any portion of the building
or structure or the surrounding grounds upon which such building or
structure is located from an existing permitted nonresidential use
to another permitted nonresidential use in such zone; or a change
in ownership or tenancy.
B.
A property owner or other applicant seeking a change of permitted
use authorization permit shall complete an application for such a
permit. A change of permitted use authorization permit may be issued
by the Zoning Officer if the following are verified and sworn to by
the property owner or other applicant having the legal right to make
such verification and swearing and the Zoning Officer has determined
that such change will not impact negatively upon the health, safety
or welfare of adjoining property owners or of residents of the Borough
in general:
(1)
The proposed use is permitted in the zone which the subject
property is located.
(2)
Adequate parking as required by all Borough ordinances has been
provided.
(3)
Existing site lighting is adequate for the new use and does
not constitute a nuisance to adjoining property.
(4)
The proposed use will not generate unpleasant or noxious odors
and that proper provisions are made for recycling and trash/waste
removal.
(5)
Deliveries will be made during normal working hours using vehicles
not in excess of 21,000 pounds gross weight, unless there are adequate
on-site facilities to accommodate vehicles in excess of 21,000 pounds
gross weight.
(6)
No additional signage is proposed.
(7)
All external marking and signage used by the old use will be
removed prior to starting the new use.
C.
Nothing in this section shall relieve an applicant from the obligation
to obtain any other permits, variances, licenses or other governmental
approvals as required by law.
No building or structure hereafter erected or
altered and no building in which the occupancy or nature of use shall
have been changed shall be occupied or used in whole or in part for
any purpose whatsoever unless and until a certificate of occupancy
shall have been issued by the Construction Official. The issuance
of a certificate of occupancy shall supersede and revoke any zoning
permit already granted for the same premises.
The Zoning Officer shall issue or deny a zoning
permit within seven days of the application therefor where site plan
approval by the Borough agency is not required and within seven days
after action on the site plan by the Borough agency where site plan
approval is required; provided, however, that prior to the issuance
of a certificate of occupancy where site plan approval is required
by the Borough agency, the Borough Engineer shall inspect and approve
the construction of all site improvements shown on said plan.
[Amended 12-13-2012 by Ord. No. 26-12]
No zoning permit or certificate of occupancy shall be issued by the Zoning Officer or Construction Official until he or she has ascertained that all the requirements of this chapter and any other applicable Borough or state regulations and ordinances, Borough agency decisions and applicable resolutions of the Mayor and Borough Council have been fully complied with. All improvements required on any site plan as previously approved by the Land Use Board or as required as part of the application process established in this chapter and Chapter 171 shall have been installed and approved by the Borough Engineer before any zoning permit or certificate of occupancy shall be issued.
A.
A zoning permit or certificate of occupancy shall specify the use of the land or building or buildings, as the case may be, and any terms or conditions of such use which are imposed. Any change in use shall be treated as a new use and a new zoning permit or certificate of occupancy, as the case may be, shall be required. Before any zoning permit or certificate of occupancy, as the case may be, shall be issued for any such change in use, all provisions of this chapter and Chapters 170, 171 and 172 and any other applicable ordinances or regulations shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building.
B.
Any person requesting a zoning permit shall complete
a written application on a form prescribed by the municipality. For
purposes of N.J.S.A. 40:55D-18, a person shall be deemed to have requested
a zoning permit only when each of the following has occurred:
(1)
The applicant for a zoning permit has completed a
written application for a zoning permit on a form prescribed by the
municipality, and said application has been deemed complete by the
Zoning Officer or his or her designee;
(2)
The fee for the zoning permit has been paid to the
municipality; and
(3)
The applicant has supplied the Zoning Officer with
all supporting data reasonably requested by the Zoning Officer.
[Added 9-13-2001 by Ord. No. 06-01]
C.
Upon the applicant's satisfaction of the requirements of Subsection B hereof, the application for a zoning permit shall be deemed complete, and the Zoning Officer shall affix a stamp or other marking on the application indicating:
[Added 9-13-2001 by Ord. No. 06-01]
D.
The applicant shall cooperate with the Zoning Officer's
efforts to evaluate and issue a decision upon the application for
a zoning permit.
[Added 9-13-2001 by Ord. No. 06-01]
E.
The applicant's failure to submit a complete application,
or to cooperate with the Zoning Officer's efforts to evaluate and
issue a decision thereon, shall constitute grounds for denial of an
application.
[Added 9-13-2001 by Ord. No. 06-01]
It shall be the duty of the Zoning Officer and
the Construction Official, respectively, to keep permanent records
of all applications for construction permits, zoning permits or certificates
of occupancy and of all such permits and certificates issued, together
with a notation of all special terms or conditions imposed thereunder.
Each shall be responsible for the filing and safekeeping of all plans
and specifications submitted with any application, and the same shall
form a part of the records and shall be readily available to all officials
of the Borough of Rockaway. Copies of any permits or certificates
shall be furnished upon request to any person who shall have a right
thereto by law.
[Amended 9-14-2006 by Ord. No. 18-06; 5-14-2009 by Ord. No.
04-09]
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Borough agency shall process
such application for development in accordance with this chapter and
Borough development regulations, and, if such application for development
complies with the Borough's development regulations, the Borough agency
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the Borough agency, it shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the Borough agency shall make a decision on any application
for development within the time period provided in this act or within
an extension of such period as has been agreed to by the applicant,
unless the Borough agency is prevented or relieved from so acting
by the operation of law.
C.
Expiration of variances. Variances granted after the
effective date of this subsection by the Land Use Board shall expire
unless the development associated with the variance is promptly completed.
The following provisions shall apply:
[Amended 12-13-2012 by Ord. No. 26-12]
(1)
In the case of a variance from the Land Use Board which does not require subsequent subdivision or site plan approvals, the required building permits shall be obtained within 12 months of the date of the written resolution of approval or within six months of the date that all conditions of approval, if any, have been satisfied, whichever occurs later, or the variance will expire. In addition, the required certificate of occupancy must be obtained within 12 months of whichever date applies as calculated above or the variance will expire unless extended as specified in Subsection C(4) below.
(2)
In the case of a variance from the Land Use Board which requires subsequent subdivision, site plan or conditional use approvals, the required building permits must be obtained prior to the date of expiration of the period of statutory protection against changes in the zoning regulations or the variance will expire. In addition, the required certificate of occupancy must be obtained within 12 months of the date as calculated in Subsection C(1) above or the variance will expire unless extended as specified in Subsection C(4) below.
(3)
In the case of a variance from the Land Use Board which requires subsequent subdivision, site plan or conditional use approvals, all such subsequent applications shall be filed and approved within 12 months of the date of the written resolution approving the original variance or within 12 months of the date that all conditions of the approval for the original variance, if any, have been satisfied, whichever occurs later, or the variance will expire, unless extended as specified in Subsection C(4) below. Applications to extend the expiration date of a variance shall be made to the board which originally granted the variance.
(4)
The Land Use Board may, upon good cause shown in writing, extend the expiration dates for variances specified in Subsection C(1), (2) and (3) above, provided that the extension is applied for prior to or within 10 days of the date upon which the variance would otherwise expire. Should the developer fail to meet this deadline, the relief shall be deemed to be automatically rescinded by the Board unless the developer, within 10 days of the required deadline, provides in writing sufficient cause to show why such relief should not be rescinded. Should the developer submit a written showing of cause, the Board shall hold a public hearing on the request by the developer, with public notice to be served in the same manner as in the original application for relief.
(5)
The maximum period of time for which an extension
of a variance may be granted shall be not more than one year. Not
more than two extensions of one year shall be permitted.
[Amended 10-25-2007 by Ord. No. 17-07; 5-14-2009 by Ord. No.
04-09]
Failure to comply with any of the conditions
of the site plan approval subsequent to the receipt of a building
permit, zoning permit or certificate of occupancy, as the case may
be, shall be grounds for the revocation of any building permit, zoning
permit or certificate of occupancy, as the case may be, requiring
compliance with the conditions of site plan approval with a period
of time not less than five days, shall effectively revoke any building
permit, zoning permit or certificate of occupancy, as the case may
be, if compliance shall not be had within the time limit set. Such
violation shall also subject the person violating this chapter to
the penalties provided herein.
[Amended 5-14-2009 by Ord. No. 04-09]
A.
The use or occupancy of land or buildings prior to
issuance of a construction permit, zoning permit or a certificate
of occupancy, as the case may be, when one is required, shall be a
direct violation of this chapter and shall subject the violator or
violators to the penalties hereinafter prescribed.
B.
Any owner or agent and any person or corporation who
or which shall violate any of the provisions of this chapter and any
ordinance or regulation made and adopted hereunder or fail to comply
therewith or with any of the requirements thereof or who or which
shall erect, structurally alter, enlarge, rebuild or move any building
or buildings or any structure, or who shall disturb, grade or put
into use any lot or land in violation of any detailed statement or
plan submitted hereunder, or who shall refuse reasonable opportunity
to inspect any premises, shall be liable to a fine of not less than
$100 nor more than $1,250 or to imprisonment for not more than 90
days, or both such fine and imprisonment. Each and every day such
violation continues shall be deemed a separate and distinct violation.
C.
The owner of any building or structure, lot or land,
or part thereof, where anything in violation of this chapter shall
be placed or shall exist and any architect, builder, contractor, agent,
person or corporation employed in connection therewith and who assists
in the commission of such violation shall each be guilty of a separate
violation, and, upon conviction thereof, shall each be liable to the
fine or imprisonment, or both, as specified herein.
[Added 5-14-2009 by Ord. No. 04-09]
A.
The construction will be enforced by the Construction
Official. The Construction Official may appoint or designate such
other officials or employees of the Borough to perform such duties
as may be necessary for the enforcement of this code.
B.
The continued compliance with the requirements of
an approved site plan will be enforced by the Zoning Officer. The
Zoning Officer may appoint or designate such other officials or employees
of the Borough to perform such duties as may be necessary for the
enforcement of this code.
