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.

All such applications shall be made in accordance with the provisions of the Uniform Construction Code.

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.

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 After the permit has been revoked, the Construction Official may, in his discretion, before issuing the new permit, require the applicant to file an indemnity bond in favor of the Borough of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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A complete application for development under this article shall consist of the following:

The secretary of the Planning Board shall distribute the application for review and report, and where required, approval as follows:

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.

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.

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.

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.

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.

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:

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.

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.

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.