a. Whenever any developer or excavator shall move topsoil in or upon any lot, provision shall be made for the storage of said topsoil within the boundary lines of said lot.
b. Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the lot on or before the completion date set forth in the soil permit so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map
c. No developer or excavator shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever unless and until topsoil not inferior in quality to that to be removed shall first have been replaced uniformly to a depth of not less than six (6") inches, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway In no event shall the developer or excavator remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid
No developer or excavator shall, at any time in the course of the work, dig or excavate more than twelve (12") inches below the proposed final grades as shown on the topographical map unless
a. The soil moving permit specifies otherwise and the performance guaranty, hereinbefore referred to, makes specific provisions for replacement, on or before the completion date set forth in the soil moving permit, of soil and/or fill of sufficient quantity and kind to restore the final grades to those shown on the topographical map, or
b. After issuance of the soil moving permit, the developer or excavator, before digging or excavating below said twelve (12") inch level, shall apply to the Planning Board or Board of Adjustment and be granted an amendment of the application and topographical map then in effect, which amendment may be granted upon such terms as the Planning Board or Board of Adjustment may deem necessary to assure adherence to the purpose and objectives of this Chapter
No developer or excavator shall deposit soil and/or fill upon, fill in or raise the grade of any lot without first making provision for
a. The use in said work of soil and/or fill or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement
b. The collection and storage upon the lot of the original topsoil, to the end that said topsoil shall not be buried beneath soil and/or fill or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six (6") inches, measured from the proposed final grades as shown on the topographical map
c. Seeding of the property, which shall be accomplished within one (1) month after completion of the soil and/or fill moving operation, weather permitting, but in no event shall seeding of the property be accomplished more than three (3) months after completion unless an extension of time is granted The applicant will maintain the seeded area for a period of one (1) year after completion
a. Nothing in this Chapter shall be construed to affect or apply to any person engaged in the moving of soil and/or fill in and upon lands enrolled in the soil conservation program of the Northeastern Jersey Soil Conservation District of the United States Department of Agriculture Soil conservation Service and for which lands an "approved farm plan" has been established by said agency, provided that all soil and/or fill moving operations in and upon such lands are performed in accordance with said approved farm plan
b. The provisions of this Chapter shall not apply to excavations for building foundations or driveways related to one (1) single-family residential building not part of a two (2)-lot-or-more subdivision approval, nor shall it apply to excavations for lines, septic tanks or sanitary sewer installations.
c. A soil mining operation may apply to the Mayor and Council for waivers of any of the terms of this ordinance based upon prior approvals and/or agreements as may be applicable to the specific soil mining operation.
a. For the purpose of administering and enforcing this Chapter, a duty authorized agent of the office of the Township Engineer shall have the right to enter into and upon any lands in or upon which soil and/or fill moving operations are being conducted, to examine and inspect such lands in order to determine compliance with the requirements of any soil moving permit issued
Any person, partnership or corporation, or other legal entity, violating any provision of this Chapter upon conviction of the Municipal Court, shall be subject to the penalties described in Chapter 3 Police Regulations or Article III Penalty of the General Ordinances of the Township of Roxbury
AN ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT ORDINANCE, ARTICLE VII, ZONING REGULATIONS, SECTION 13-7.5, ZONING MAP, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY
WHEREAS, at its meeting of October 9, 2002, the Township Planning Board amended the Master Plan Land Use Plan Element and Housing Plan Element and Fair Share Plan; and
WHEREAS, the aforesaid Master Plan amendments recommend the rezoning ofthe Muscarefe Tract (Block 9302, Lot l and Block 9401, Lot 13) from the R-5 Multi-Family Residence District to the B-lA Limited Business District; and
WHEREAS, the aforesaid Master Plan Amendments recommend the rezoning of the following lots, which are proximate to the Muscarelle Tract and also form part of the R-5 Multi-Family Residence District, to the R-4 Residence District: Block 9401, Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20 and 21; and
WHEREAS, the Township Council has reviewed the findings of the Planning Board as set forth in the "Resolution Adopting Amendments to the Roxbury Township Master Plan and Land Use Plan Element and Housing Plan Element and Fair Share Plan" adopted on October 9, 2002, and concurs in said findings as to the rationale for the proposed rezoning of the aforesaid properties; and
WHEREAS, the Township Council seeks to implement the recently adopted recommendation of the amended Master Plan.
NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of Roxbury, in the County of Morris, and State of New Jersey, as follows:
a. The "Zoning Map, Township of Roxbury, Morris County, New Jersey", revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the R-5 Multi-Family Residence District, shall hereafter be included in the B-1A Limited Business District:
b. The "Zoning Map, Township of Roxbury, Morris County, New Jersey", revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the R-5 Multi-Family Residence District, shall hereafter be included in the R-4 Residence District:
Block 9401, Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20 and 21
**Webmasters Note: The previous Ordinance amends the zoning map which can be viewed at the zoning map link of the town page.
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 13, LAND DEVELOPMENT ORDINANCE, BY THE ESTABLISHMENT OF THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING THE TOWNSHIP OF ROXBURY'S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT
BE IT ORDAINED by the Township Council of the Township of Roxbury, in the County of Morris and State of New Jersey, as follows:
"Purpose.
The purpose of this article is to create the administrative mechanisms needed for the execution of the Township of Roxbury's responsibility to assist in the provision of affordable housing pursuant to the pair Housing Act of 1985.
Definitions.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL HOUSING LIAISON -- The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Roxbury.
ADMINISTRATIVE AGENT -- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Roxbury to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
A. Establishment of position of Municipal Housing Liaison. There is hereby. established the position of Municipal Housing Liaison for the Township of Roxbury.
B. Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full oar part time municipal employee.
C. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program four the Township of Roxbury, including the following responsibilities which may not be contracted out:
(1) Serving as the Township of Roxbury's primary point of contact for all. inquiries froth the State, affordable housing providers, Administrative Agents, and interested households;
(2) Monitoring the status of all restricted units in the Township of Roxbury's Fair Share Plan;
(3) Compiling, verifying, and submitting annual reports as required by COAH;
(4) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
(5) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH; and
(6) If applicable, serving as the Administrative Agent for some or all of the restricted units in the Township of Roxbury as described in F, below.
b. Subject to approval by COAH, the Township of Roxbury may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Township of Roxbury. If the Township of Roxbury contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
E. Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.
F. Administrative powers and duties assigned to the Municipal Housing Liaison.
(1) Affirmative Marketing:
(a) Conducting ate outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Roxbury and the provisions of N.J.A.C. 5:80-26.15; arid
(b) Providing counseling or contracting to provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(2) Household Certification:
(a) Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(o) Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and of N.J.A.C. 5:80-26.1 et. seq.;
(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) Employing the random selection process as provided in the Affirmative Marketing Plan of the Township of Roxbury when referring households fox certification to affordable units.
(3) Affordability Controls:
(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) Creating arid maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly fled with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) Communicating with lenders regarding foreclosures; and
(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) Establishing a rent-to-equity program;
(g) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h) Providing annual reports to COAH as required.
(7) The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder."