[Ord. 97; 97-39]
a.
There is hereby appointed a Zoning Officer who is hereby given the
duty, power and authority to enforce the provisions of this ordinance.
He shall be responsible for the examination of all applications for
permits, and the issuance of permits for the construction, alteration,
enlargement and occupancy of structures and all nonconforming uses
existing at the time of passage of this ordinance. The Zoning Officer
shall be responsible for the recording and filing of all applications
for permits with accompanying plans and documents, and to make such
reports to the Zoning Board of Adjustment, Mayor, Council and the
Planning Board as may be required.
b.
The Zoning Officer may be assisted by a deputy known as the Zoning
Violations Officer who shall have the power to issue summonses for
violations of the zoning ordinance as well as such other powers as
may be assigned to him by the governing body.
[Ord. 97; 97-39]
To insure compliance with the provisions of this ordinance,
no person shall erect, alter or convert any structure or building,
or part thereof, nor alter the use of land, subsequent to the adoption
of this ordinance, until the proper permit has been issued by the
Zoning Officer.
[Ord. 97; 97-39]
All such applications shall be made in accordance with the provisions
of the Uniform Construction Code.
[Ord. 97; 97-39]
a.
It shall be the duty of the Construction Official to issue the proper
permits provided he is satisfied that the structure, building, sign,
parking area, and the proposed use conforms with all requirements
of this ordinance, Uniform Construction Code, and all other applicable
codes and ordinances of the Borough of Roosevelt that may apply, and
that all other reviews and action, if any, called for in said codes
or this ordinance have been complied with and all necessary approvals
secured therefor.
b.
All permits shall be issued in duplicate and one copy shall be kept
conspicuously on the premises affected and protected from the weather
whenever construction work is being performed thereon. No owner, contractor,
workman or other person shall perform any construction operations
of any kind including excavation unless a permit covering such operation
has been displayed as required by this ordinance, nor shall construction
operations of any kind be performed after notification of the revocation
of said permit.
[Ord. 97; 97-39]
When the Construction Official is not satisfied that the applicant's
proposal will meet the requirements of this ordinance, he shall refuse
to issue a permit and shall so notify the applicant in writing giving
the reasons for denial. The applicant may appeal to the Zoning Board
of Adjustment for a modification or reversal of the official's decision.
[Ord. 97; 97-39]
If it shall appear at any time to the Construction Official
that the application or accompanying plan is in any respect false
or misleading, or that work is being done upon the premises differing
materially from that called for in the application filed with him
under existing laws or ordinances, he may forthwith revoke the permit,
whereupon it shall be the duty of the person holding the same to surrender
it and all copies thereof to the said Construction Official. After
the permit has been revoked, the Construction Official may, in his
discretion, before issuing the new permit, require the applicant to
file an indemnity bond in favor of the Borough of Roosevelt with sufficient
surety conditioned for compliance with this ordinance and all laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building or structure if it does not so comply.
[Ord. 97]
If a permit has not been acted upon by the commencement of construction
within one year from the date of issuance, said, said permit and all
rights created thereby shall expire.
[Ord. 97-09; 146; 97-39]
Appeals to the Planning Board may be taken by any interested
party affected by any decision of the Zoning Officer of the Borough
based on or made in the enforcement of the zoning ordinance or Official
Map. Such appeal shall be taken within 65 days by filing a notice
of appeal with the Zoning Officer specifying the grounds of such appeal.
The Zoning Officer shall immediately transmit to the Planning Board
all the papers constituting the record upon which the action appealed
from was taken.
[Ord. 146; 97-39]
The Planning Board shall render a decision not later than 120
days after the date that an appeal is taken from the decision of the
Zoning Officer or the submission of a complete application for development
to the Planning Board pursuant to the requirements of this article.
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.
[Ord. 97; 97-39]
[Ord. 97; 97-39]
No building, structure or land 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 Building Inspector
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, the Uniform Construction Code and other
codes and ordinances affecting construction and occupancy. A temporary
certificate of occupancy may be issued for any structure or use for
which site plan approval has been secured but not all conditions of
approval have been complied with. The Planning Board shall approve
the issuance and terms of any temporary certificate of occupancy.
[Ord. 97; 97-39]
[Ord. 97; 97-39]
Upon written request from the owner, tenant, occupant, or purchaser
under contract,-the Building Inspector after inspection, shall issue
an occupancy permit for a use legally existing at the time this ordinance
is made effective, certifying the extent and kind of use and whether
any such existing use conforms with the provisions of this ordinance.
[Ord. 97; 97-39]
No change or extension of use, and no alterations shall be made
in a nonconforming structure, use or premises without an occupancy
permit having first been issued by the Building Inspector stating
that such change, extension or alteration is in conformity with the
provisions of this ordinance, or that the same has been permitted
by action of the Zoning Board of Adjustment.
[Ord. 97; 97-39]
Whenever there occurs a change in the use of a building, structure,
or land, a new occupancy permit shall be applied for to ensure compliance
with all applicable codes and ordinances.
[Ord. 97; 97-39]
The certificate of occupancy shall contain sufficient information
as to the extent and kind of use or uses, such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is permitted or nonconforming
and the extent to which the use does not conform to the provisions
of this ordinance.
[Ord. 97-09, 146; 97-39]
A developer may file an application for development with the
Planning Board for action under any of its powers without prior application
to the Zoning Enforcement Officer.
[Ord. 146; 97-39]
If an application for development is filed with the Planning
Board, whether or not an appeal from a decision of the Zoning Enforcement
Officer is also taken, the applicant shall submit three copies of
his completed application to the secretary of the Planning Board.
The time for the Board's review shall not begin to run until the submission
of a complete application with the required fee. Unless the applicant,
is informed in writing by the secretary of the Planning Board within
45 days of the actual submission of the application that it is incomplete,
said application shall be deemed complete as of the date it was submitted.
[Ord. 146; 97-39]
A complete application for development under this article shall
consist of the following:
a.
A properly completed variance information application form.
b.
The required fee, as per Section 11.900 of this ordinance.
c.
If subdivision and/or site plan and/or conditional use approval is
also sought as part of an application for a variance pursuant to this
ordinance, the applicant shall also include the information and documents
required pursuant to the provisions of Borough Ordinance 21.
[Ord. 146; 97-39]
The secretary of the Planning Board shall distribute the application
for review and report, and where required, approval as follows:
[Ord. 97; 97-39]
[Ord. 97; 97-39]
Any person may file a complaint if there is any reason to believe
a violation of this ordinance exists. All such complaints must be
in writing and shall be filed with the Zoning Officer who shall properly
record such complaint and immediately investigate.
[Ord. 97; 97-39]
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained or any building, structure
or land in violation of this ordinance or any ordinance or regulation
made under authority conferred hereby, the governing body, or with
their approval, the Zoning Officer or other proper official, in addition
to other remedies, may institute any appropriate legal action or proceedings
to prevent such unlawful erection, construction, repair, reconstruction,
alteration, conversion, maintenance or use, to restrain, correct,
abate such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use about
such premises.
[Ord. 97; 97-39]
Any person, firm or corporation violating any provisions of
this ordinance, shall upon conviction, be punished by a fine not to
exceed $200 for each offense or be imprisoned in the County jail for
a term not exceeding 30 days, or both. Each day that a violation occurs
or is committed shall constitute a separate offense. In the event
any penalty provided herein is in excess of that allowed by any other
applicable code or ordinance, the penalty provisions of such other
code or ordinance shall apply.
[Ord. 97; 97-13; 97-25;
97-39]
The applicant/developer shall, at the time of filing an application,
or at such time as the applicant shall request referral of a proposal
for development to the technical Planning Board prior to formal application,
pay a fee to the Borough of Roosevelt through the Borough Clerk by
cash, check, or money order in accordance with the fee schedule set
forth hereinafter.
[Ord. 97-25; 97-39]
The fees set forth in Schedule A shall be non-refundable and
are for the purpose of offsetting in-house administrative, clerical
and technical costs, exclusive of expenses for professional consultants,
such as legal, planning, engineering and other professional fees,
costs and expenses, except as otherwise noted in Schedule A, The fee
to be paid shall be the sum of the fees for the component elements
of the plat or plan. Proposals requiring a combination of approvals,
such as subdivision, site plan, and/or variances, shall require a
fee equal to the sum of the fees for each element of the approval.
Note: Schedule A is included as an attachment to this chapter.
[Ord. 97-18; 97-25; 97-39]
The fees required by Schedule B shall be for the purpose of
reimbursing the Borough for direct fees, cost, charges and expenses
of professional consultants retained by or on behalf of the Borough,
its boards, commissions or agencies and employees and staff of the
Borough, its boards, commissions or agencies in reviewing and testifying
and/or assisting the Borough In the processing of applications pursuant
to the Land Use Ordinance and/or assisting the Borough in evaluation,
planning and proper design of municipal services and facilities in
order to meet the needs of the proposed project and for on-site inspections
related thereto. The fees required by, Schedule B shall be deposited
with the Borough at the time the initial development documents are
submitted and shall remain in an interest bearing escrow fund. Whenever
the amount of the fees paid to the Borough pursuant to Schedule B,
or any cash performance or maintenance guarantees posted with the
Borough by the applicant/developer, shall exceed $5,000, the Borough
shall notify the applicant in writing of the name and address of the
depository and the amount of the deposit. If the amount of interest
earned on the cash deposit exceeds $100 per annum, the entire amount
shall belong to the applicant/developer and shall be refunded to him
by the Borough annually or at the time the deposit is repaid or applied
to the purposes for which it was originally deposited, as the case
may be, except that the Borough may retain for administrative expenses
no more than 33 1/3% of that entire interest amount, All costs,
expenses, charges and fees incurred by the Planning Board, or other
board, commission or agency of the Borough for the services of the
planner, engineer, attorney, other professional consultant, expert,
employee or staff incurred as a direct result of the developer's project
shall be charged to this escrow fund.
Note: Schedule B is included as an attachment to this chapter.
Within 45 days after the filing of an application for development,
the Chief Financial Officer shall in conjunction with appropriate
other representatives of the staff of the Borough, review the application
for development to determine whether the escrow amount set forth in
Schedule B is adequate, In conducting such review, the Chief Financial
Officer shall consider the following criteria:
a.
The presence or absence of public water and/or sewer servicing the
site.
b.
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
c.
Traffic impact of the proposed development.
d.
Impact of the proposed development on existing aquifer and/or water
utility.
Upon completion of the review, the Chief Financial Officer shall
specify whether the escrow amount required by Schedule A is sufficient,
excessive or insufficient. In the event the Chief Financial Officer
shall determine that the amount is excessive, he/she shall specify
the amount that shall be deemed sufficient, including if appropriate,
that no escrow be posted. In the event the Chief Financial Officer
shall determine the amount specified above is insufficient, he/she
shall set the amount required to be posted in light of the criteria
specified herein.
Prior to an application being determined complete, the applicant
shall post the required escrow amount as set forth in schedule B,
or as provided for above, with the Borough Clerk in the form of cash,
certified check or money order.
If during the pendency of an application, the amount of the
escrow account has been depleted to 20% of the original escrow amount,
the Chief Financial Officer shall again evaluate the application,
as provided above, and notify the applicant of any additional escrow
deposit required. The applicant shall immediately deposit the additional
escrow amount with the Borough Clerk and notify the Chief Financial
Officer that the required deposit has been made. In the event that
it is necessary for a board to take action on an application prior
to the additional escrow deposit being made, any approval shall be
conditioned upon the escrow deposit being made.
The determination of the Chief Financial Officer shall be subject
to review by the Board which will be hearing or which has heard the
application. Any such appeal shall be by letter specifying the reasons
for the appeal and attaching the Chief Financial Officer's determination.
Any such appeal must be taken within 10 days of the receipt of the
written determination of the Chief Financial Officer. In the absence
of proof to the contrary, receipt shall be presumed three days from
the date of the written determination. In the absence of keeping the
escrow fund balance current or of taking a timely appeal from the
determination of the Chief Financial Officer, the Borough and any
of its employees, officers, agents or agencies may refuse to take
any action relating to the development which was the subject of the
application, including but not necessarily limited to refusal to issue
any permits, certificates, approvals or other documents.
Upon request of an applicant, the Chief Financial Officer shall
furnish the applicant with a statement of all disbursements made during
the development review process.
All bills, invoices or vouchers submitted by professionals or
experts relating to an application shall specify the services performed
for said application.
Unit charges (i.e. per diem or hourly fees) of the professional
or expert shall be in accordance with unit charges contracted for
with the appropriate board or with the Borough.
All escrow funds not expended shall be refunded to the applicant
within 60 days after the appropriate board has taken final action
on an application, or after a withdrawal or dismissal of an application.
Note: Schedule C, Planning Board Checklist, is included as an attachment to this chapter.
[Ord. 97; 97-13; 97-39]
[Ord. 97; 97-13; 97-39]
After approval of a plan has been granted and prior to the issuance
of a building permit, the applicant shall tender to the Borough of
Roosevelt a performance guarantee for all improvements approved on
the plan which involved improvements in public rights-of-way, improvements
extending utility and drainage facilities within the site, lighting,
curbing and paving, landscaping, and conditions involving the control
of stormwater runoff, soil removal, grading, and soil erosion and
sedimentation control. The Planning Board may condition the approval
of the plan upon the Borough's receipt of a performance guarantee
secured in the same manner prescribed for performance guarantees in
the subdivision ordinance.
[Ord. 97; 97-13; 97-39]
Prior to the issuance of a certificate of occupancy, the Borough
shall require the filing of a maintenance guarantee with the Borough
of Roosevelt covering all items included under the performance guarantee.
The maintenance guarantee shall be for an amount approved, by the
governing body upon the advice and recommendation of the Borough Engineer,
but for an amount not more that 15% of the original estimate of the
cost of installing the improvements. The maintenance guarantee shall
run for a period of two years. The final amount of the maintenance
guarantee shall be based, among other things, on the length of time
the improvement has been installed prior to filing the maintenance
guarantee.
[Ord. 97; 97-13; 97-39]
No performance guarantee or maintenance guarantee shall be required
for the installation of improvements for utilities which improvements
have been installed by the utility company involved. Such improvements
and utility installations will include gas, telephone, and electric
installations performed by said utility companies.
