1.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: (a) a change of use, occupancy, tenancy, or ownership; (b) any construction, reconstruction, restoration, or alteration of the existing building, aside from normal maintenance and repair; or (c) 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.
2. 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.
3. A temporary certificate of occupancy may be issued only for a specific period, not to exceed 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 an 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.
4. No certificate of occupancy shall be issued until a Zoning Permit has been issued by the Zoning Officer.
1.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.
2. 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.
3. 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.
4. 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.
5. No certificate of occupancy shall be issued until the driveway has been inspected and is satisfactory.
6. No certificate of occupancy shall be issued until a Zoning Permit has been issued by the Zoning Officer.
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 133.101 of this Ordinance have been satisfied. All applications for zoning permits shall include, without limitation, calculations of impervious coverage and building lot coverage.
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 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 10 days, the violation still exists, the zoning officer may either:
1. 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 compliant in said Municipal Court.
2. 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.
3. 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.
4. 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 dollars ($1,000.00), 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:
1. For injunctive relief; and
2. 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.
1.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.
2. 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 dollars ($1,250,00) 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, 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 ail 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 dollars ($1,250.00) for each repeat violation, and shall be calculated separately from the fine imposed for the violation.
**Webmasters Note: The previous subsection (2) has been amended as per Ordinance No. 4-06.
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.
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 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 Morris County Planning Board of (1) 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 thereto; and (2) the adoption, revision or amendment of the Master Plan not more than 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.
Program and Notice of Action on Capital Improvement Program or Official Map 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 Morris County Planning Board of (1) all hearings on the adoption, revision or amendment of any development regulation at least 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 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 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 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the State within 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 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 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 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 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.
