Borough of Netcong, NJ Administration and Procedures

Preliminary.

For 10 ares or less: $300, plus $0.03 per square foot of gross floor area.

For more than 10 acres: $300, plus $15 per acre or portion of one acre over 10 acres, plus $0.03 per square foot of gross floor area.

Final.

For 10 acres or less: $300.

For more than 10 acres: $300, plus $15 per acre or portion of one acre over 10 acres.

Appeal for direction to issue a building permit to construct a building in the bed of a mapped street: $50.

Appeal for direction to issue a building permit to construct a building not related to an approved street or improved street: $150.

Appeal from decision of an administrative official: $100.

Request for interpretation of the Zoning Map or Zoning Ordinance or for decision upon some other special question: $150.

Variance other than use variance.

One single-family detached dwelling or individual lot: $75.

Other: $200.

Use variance.

Expansion of a pre-existing lawful nonconforming single-family residential use in a zone where single-family residences are prohibited: $150.

Other: $300.

Conditional use: $150.

Inspection and review fees shall be pursuant to § 194-21 hereof.

Change of use: $35.

§ 194-19 Fee for combined application.

Whenever an applicant seeks review or relief from a municipal agency with respect to two or more types of applications for development, the filing fee shall be equal to the combined total of the fees which would be required if each type of application were filed separately.

§ 194-20 Fee for resubmission of plat.

[Amended 11-8-1990]

The fee for resubmission of major subdivision plats shall be an amount equal to 150% of the original application fee if it encompasses the same land as the original subdivision, provided that the resubmission of a minor or preliminary plat is filed within six months of the original subdivision or within two years for a final plat. The fee for resubmission of a site plan shall be 150% if made with regard to the same property and structure encompassed in the initial submission and provided that it is resubmitted within six months of the original site plan or within two years of a final site plan.

§ 194-21 Inspection and review fee deposits.

[Amended 7-2-1997 by Ord. No. 97-9]

The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with § 194-21B in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Borough and approved by the Borough Council by resolution, which schedule shall be maintained in the office of the Borough Clerk for public inspection.

Inspection fees for required improvements. Prior to the start of construction, an inspection fee deposit shall be paid to the Borough as follows:

Subdivisions. Prior to any inspection of improvements by the Borough Engineer, the applicant shall deposit with the Borough 5% of the cost of all improvements, exclusive of buildings, as estimated by the Borough Engineer. This charge shall be for the purpose of defraying the costs of inspections by the Borough Engineer of the improvements required by the Planning Board.

Site plans. The inspection fee for all required improvements for site plans shall be 2% of the total estimated cost of said improvements, with a minimum charge of $100. This inspection fee for required improvements on site plans does not include charges made under the Uniform Construction Code by the Construction Code Official or any subcode officials.

(c)

For those developments for which the reasonably anticipated inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited shall be 50% of the reasonably anticipated fees as calculated by the Borough Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Borough Engineer and Attorneys in connection with inspections, the developer shall deposit the remaining 50% of the anticipated fees immediately upon receipt of a request from the Chief Financial Officer.

(d)

For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees as calculated by the Borough Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Borough Engineer and Attorneys in connection with inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees.

(e)

The Borough Engineer shall not perform any inspection, except required health and safety inspections, if sufficient funds to pay for those inspections are not or deposit.

Review fee deposits. In addition to the inspection fees or any other fees required in this section, an applicant shall file with the Borough at time of filing an application a review fee deposit to cover the costs incurred for reviewing applications for development and review and preparation of documents and other actual out-of-pocket costs incurred pertaining to the application by planners, attorneys and any other professionals or experts employed by the Borough on a consultant basis whose services are deemed necessary to report upon the application and its compliance with Borough ordinances and codes. The Borough agency shall not process and/or take action on the application unless all review fees and deposits required herein shall have been paid by the applicant. The initial deposit for review fees shall be in accordance with the following schedule:

Subdivisions.

Concept plan. When the applicant requests a review of more than one lot but not more than 20 lots: $500. If the application contains more than 20 lots: $1,000.

[2]

Minor subdivisions. Simple lot line change or resubdivision: $200.

[3]

Minor subdivision. Three lots or less: $300.

[4]

Preliminary plat of a major subdivision: $200 for each lot within the proposed subdivision.

[5]

Final plat of a major subdivision: $50 for each lot within the final plat of the subdivision.

Site plans.

Concept plan: $350 per acre or fraction thereof for the first two acres, plus $50 for each additional acre or fraction thereof.

[2]

Preliminary site plan: $1,000 per acre or fraction thereof for the first two acres, plus $150 for each additional acre or fraction, thereof. [Note: If the site plan involves only a portion of a site or is otherwise of a relatively minor nature, the review fee deposit shall be based on the site area impacted, as determined by the Borough Engineer; provided, however, that the minimum review fee shall be based on an area not less than one acre.]

[3]

Final site plan: 50% of the preliminary site plan review fee.

(c)

Variances. A fee to be determined as follows: When the Planning Board determines that expert consultants and/or other professional services are necessary in connection with an application, the Secretary of the Board shall send one copy of the filed application to such expert consultant and/or professional whose services are deemed necessary by the Board. Within 10 days of receipt of the same, the professionals shall submit an estimate of funds sufficient in amount to undertake technical review and findings of fact relative to the application. The initial review fee deposit shall be equal to the estimate submitted by the professionals.

Administration of inspection fee and review fee deposits.

Escrow accounts. Each review fee and inspection fee deposit shall be held by the Borough in an individual escrow trust account (hereinafter "escrow account"). Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for deposits pursuant to this section, said money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Borough in escrow. All interest earned and paid to the applicant shall be in accordance with P.L. 1985, c. 315.[1]

Editor's Note: See N.J.S.A. 40:55D-53.1.

Tabulation of escrow accounts.

The Chief Financial Officer shall tabulate the costs of the Engineer, Planner and Attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough, for a proper review and documentation pursuant to vouchers submitted monthly by the professionals identifying the personnel performing the service and stating the date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. Expenses shall be actual out-of-pocket expenses of any such professionals and consultants, including normal and typical expenses incurred in processing applications. Unit charges (i.e., per diem or hourly fees, inspections or expert testimony charges) levied by the Borough Engineer, planning consultant, Attorney or other professionals for services applied to an escrow account authorized and approved pursuant to this section may not exceed those unit charges contracted for and/or approved by the Borough agency for services by said professional which may not under this section be subject to compensation by an escrow account. Vouchers shall be submitted monthly to the Chief Financial Officer, with a copy to the applicant. These costs shall be deducted from the applicable escrow account and paid to the professionals by the Chief Financial Officer.

The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.

(c)

In the event that the funds in the escrow account should become depleted or are anticipated to become depleted prior to the completion of the application procedure and/or inspection of improvements, as the case may be, and additional funds are necessary to cover the costs of processing said application or inspecting improvements in order to work to continue on the development or the application, the applicant shall, within 10 days of receipt of notice from the Chief Financial Officer, deposit additional funds of not less than 50% of the initial escrow deposit amount. In order to expedite the processing of applications by the Borough agency, the Chief Financial Officer shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as insufficiency of funds becomes evident or is expected. Pending receipt of the additional funds, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Final accounting. After the final plat or site plan has been signed, in the case of review fee accounts, or after the improvements have been approved by the Borough Council, in the case of inspection fee deposits, the applicant shall send written notice, by certified mail, to the Chief Financial Officer, the Planning Board, the Borough Engineer and other relevant professionals that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days, with a copy to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the status of the escrow account within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.

Appeal of escrow account. Within 15 days of any tabulation of review costs or inspection fees by the Chief Financial Officer, the applicant shall have the right to appeal said charges by so notifying the Borough Council, in writing, with copies to the Chief Financial Officer, the Planning Board and any other relevant professional, provided that any additional fees or amounts required by the Planning Board to be paid prior to the signing of any plat, issuance of a building permit or the inspection of any improvement must be paid by the applicant prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board shall review the same and make a recommendation thereon to to the Borough Council within 45 days. The Borough Council shall then decide the proper review fee to be charged, based upon information provided by both the applicant and the Planning Board. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2a.

Additional fees. In addition to all other fees specified in this chapter, an applicant or appellant shall pay the actual costs incurred by the Planning Board or Borough Council, as the case may be, for recording verbatim, by use of a shorthand reporter or stenographer, all public hearings, whether regular or special, in excess of three hearings upon any application for development or appeal to the Borough Council, as well as the furnishing of copies of transcripts of any such hearing required by the applicant, appellant or Planning Board, as the case may be, in the consideration of the application or appeal.

Payment of fees.

All fees and deposits required by this chapter shall be paid by check drawn to the order of the Borough of Netcong. Any check for fees in excess of $250, shall be in the form of a certified or a bank's cashier's check. Except as otherwise provided, all fees and deposits shall be paid at the time of the filing of any application or appeal and shall be submitted with the application or appeal.

All permits, determinations, resolutions, decisions, certificates of occupancy or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given or decision rendered by the Planning Board or Borough Council, as the case may be, until proof has been submitted that all requisite fees have been paid to the Borough. Furthermore, the applicant must submit proof that no taxes or assessments for local improvements are due or delinquent on the property before the approving authority may act on an application.

The payment of fees pursuant to the provisions of this chapter shall not relieve an applicant from the payment of any other fees required by any other ordinance or provision thereof.

Waiver and reduction of fees. The Council or the Planning Board, as the case may be, may waive or reduce the fees prescribed herein in connection with applications submitted by public agencies, nonprofit volunteer organizations and such other quasi-public agencies and organizations as the Council or Board, as a matter of policy, may designate. The Borough Council or the Planning Board, as the case may be, may also reduce fees in connection with applications under its jurisdiction when, in it judgment, the fee would be unreasonably excessive in relation to the scope of the application, the degree of professional review services, required and other unusual circumstances relating to the application. No such fee shall be reduced if actual expenses of the Council or the Board exceed 50% of the fee herein specified, and at least 10% of the fee herein specified shall be retained by the Borough to cover administrative costs.

§ 194-22 Off-site and off-tract improvements.

Before final approval, the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.

Essential off-site and off-tract improvements. Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.

Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.

Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and governing body.

Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.

Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.

Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefited thereby, (including the property of the developer), the following provisions shall apply:

During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.

If the governing body concurs, the Municipal Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then-existing needs in the area, notwithstanding any work of the applicant.

The Municipal Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.

Based upon the above report and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.

(5)

If the governing body will not adopt such ordinance, the final development shall be designed accordingly and the approving authority shall proceed on that basis.

(6)

If the determination shall be to adopt such local improvement ordinance, the governing body shall proceed in the following manner:

If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.

If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed, and the following shall apply:

The amount determined by the governing body shall then be deposited by the applicant with the Borough Treasurer prior to final approval and prior to introduction of such local improvement ordinance.

[2]

Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which agreement shall include the following stipulation that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto, and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be commingled with other appropriated funds and expended by the Borough in connection with such purposes; that if such deposit is not used by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that upon completion of the work by the Borough or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon the applicant's property (whether or not the applicant is then the owner thereof); and that if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment, or if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant without interest.

[3]

Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.

(7)

The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority shall proceed as if the governing body had determined that it would not adopt such local improvement ordinance.

§ 194-23 Completion of improvements prior to approval; guaranties.

No final approval shall be given for site plans or subdivision by the Planning Board until completion of all required improvements has been certified to the governing body and to the Planning Board by the Municipal Engineer. At the option of the Planning Board, on request of the developer, the Planning Board may waive the completion of the sidewalks and surface course of any street required to be constructed or improved in connection with the subdivision, provided that all other required improvements have been certified complete in accordance with municipal standards and the developer has furnished a performance guaranty in favor of the municipality in an amount equal to 120% of the cost of installation of such sidewalks and surface course as estimated by the Municipal Engineer, said estimate to be based upon the cost the municipality might reasonably be expected to pay a contractor to perform such work, and assuring the installation of such sidewalks and surface course on or before a date agreed upon by the Planning Board and the developer. The time allowed for installation of the surface course and sidewalks for which the performance guaranty has been provided may be extended by the governing body by resolution.

The performance guaranty may be a performance bond issued by a corporate surety licensed to do business in the State of New Jersey, or a certified check drawn on a bank which is a member of the Federal Reserve System, payable to the Borough. The performance guaranty shall be approved by the Borough Attorney as to form and execution.

The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the sidewalks and/or surface course have been certified by the Municipal Engineer to have been completed.

If the required sidewalks and surface course are not completed or corrected in accordance with the performance guaranty, the developer and surety, if any, shall be liable thereon to the municipality for the reasonable costs of the completion or correction of the sidewalks and surface course, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such sidewalks and surface course.

When all of the sidewalks and surface course have been completed, the developer shall notify the governing body in writing, by certified mail, addressed in care of the Municipal Clerk, of the completion of said sidewalks and surface course and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the sidewalks and surface course and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the sidewalks and surface course with a statement of reasons for any rejection. If partial approval is indicated, the costs of the sidewalks and surface course rejected shall be set forth.

The governing body shall either approve, partially approve or reject the sidewalks and surface course, on the basis of the report of the Municipal Engineer and shall notify the developer in writing, by certified mail, of the contents of said report and the action of the governing body with relation thereto, not later than 65 days after receipt of the notice from the developer of the completion of the improvements. When partial approval is granted, the subdivision owner shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the sidewalks and surface course not yet approved. Failure of the governing body to send or provide such notification to the subdivision owner within 65 days shall be deemed to constitute approval of the improvements, and the developer and surety, if any, shall be released from all liability pursuant to such performance guaranty.

If any portion of the required sidewalks and/or surface course is rejected, the governing body may require the subdivision owner to complete such sidewalks and/or surface course and, upon completion, the same procedure of notification as set forth hereinabove shall be followed.

Regardless of any reduction in the amount of the performance bond, a maintenance bond equal to 15% of the cost of all required improvements shall be posted and remain in effect for a period of two years from the date of acceptance of the improvements by the Borough as a maintenance guaranty.

§ 194-24 Snow and ice removal from dedicated streets.

Upon the issuance of a certificate of occupancy for any building or structure on any dedicated street or roadway which is open to the public or to which the public is invited, in a subdivision or development which is the subject of an application for development within the Borough of Netcong, and prior to the acceptance of such dedication by the Borough, the developer shall be required to keep and maintain said streets or roadways free and clear of snow and ice within six hours of daylight after the same shall have fallen or be formed thereon, and the same shall be open to public use and shall permit access to police, fire fighting and emergency vehicles in accordance herewith.

If the developer fails to keep and maintain said streets or roadways free and clear of snow and ice as set forth herein, the Borough may, at its own option and without creating any obligation to accept any dedication of any such streets or roadways, proceed to clear such streets or roadways of snow and ice by plowing, shoveling, salting, sanding or otherwise.

The costs incurred thereby shall be certified to the Mayor and Council of the Borough of Netcong by the Road Commissioner, which certification shall be presented to and reviewed by the Mayor and Council. Such costs shall be computed so as to defray and meet the expenses incurred by the Borough of Netcong in connection herewith, including, but not limited to, the costs of labor, materials expended and the costs to repair any and all injury or damage done to or suffered by the employees and equipment of the Borough occurring during such snow and ice removal operations or caused thereby. Such costs shall be charged to and paid by the developer to the Borough of Netcong in the amount so certified by the Road Commissioner within 10 days of the receipt of a bill for the same.

Upon a determination of the Mayor and Council that the amount so certified by the Road Commissioner is correct, the same shall be charged against such real property and the amount so charged shall, thereupon, become a lien and a tax upon such real property and shall be added to and be a part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes. The imposition and collection of such charges in a civil action in the courts of the State of New Jersey, and the imposition and collection of a fine or fines or other penalties in said courts or in the Municipal Court of the Borough of Netcong for the violation of any of the provisions hereof, shall not constitute a bar to the authority of the Borough of Netcong to collect the costs, as certified, for the removal of snow and ice in the manner herein prescribed.

The Borough of Netcong shall have no liability or responsibility whatsoever for any damage that may be done to catch basins, manholes, curbs, gutters, driveways or other improvements, or to said streets or roadways, which damage may occur during said snow and ice removal, and the subdivision owner shall indemnify and hold the Borough harmless with respect thereto.

Notwithstanding the provisions or consequences of Subsection B hereof, any person violating the provisions of this section shall, upon conviction in the Municipal Court, be subject to a fine not exceeding $500 plus costs or imprisonment in the Morris County Jail for a period not more than 30 days, or both, for each offense. Each calendar date that a violation exists constitutes a separate offense under this section.

§ 194-25 Meetings of municipal agencies.

Every municipal agency shall fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal 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 municipal agency may provide for special meetings, at the call of the Chairman or on the request of any two of its members, which meetings shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, 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 party shall be charged a fee of $1 for the first page and $0.50 per page thereafter for reproduction of the minutes for his use.

All actions shall be taken by a majority vote of a quorum except as follows:

By affirmative vote of the full authorized membership of the governing body if adopting an Official Map or an amendment or revision thereto which in whole or in part is inconsistent with the appropriate designations in the subplan elements of the Master Plan (N.J.S.A. 40:55D-32).

By affirmative vote of the majority of the full authorized membership of the Planning Board, for direction for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

[Amended 12-10-1996 by Ord. No. 96-14]

By majority vote of the full authorized membership of the governing body to disapprove or change any recommendation of the Planning Board made prior to and relating to the adoption of a development regulation, revision or amendment thereto (N.J.S.A. 40:55D-26a).

(Reserved)[1]

Editor's Note: Amended 12-10-1996 by Ord. No. 96-14.

(5)

By majority vote of the governing body when adopting or amending a Zoning Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon, which ordinance or amendment or revision in whole or in part is inconsistent with or not designed to effectuate the land use plan element (N.J.S.A. 40:55D-62).

(6)

By two-thirds favorable vote of the full authorized membership of the governing body to overcome protest made pursuant to N.J.S.A. 40:55D-63 and effectuate an amendment or revision so protested.

(7)

By two-thirds affirmative vote of the full authorized membership of the Planning Board to grant a variance to allow a structure or use in a district restricted against such structure or use pursuant to this chapter.

[Amended 12-10-1996 by Ord. No. 96-14]

§ 194-26 Hearings.

The municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.

The municipal 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 14 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, clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including 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.

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.

Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

Each decision on any application for development shall be in writing and shall include findings of facts and conclusions based thereon.

A copy of the decision shall be mailed by the municipal 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 municipal 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.

A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time within which an appeal from the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

Carry-over hearings. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording pursuant to N.J.S.A. 40:55D-23c.

§ 194-27 Notice of hearings on applications.

[Amended 12-12-2019 by Ord. No. 2019-17]

Pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-12, public notice must be provided for any application involving one or more of the following: extension of site plan or subdivision approval for five or more years; modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the original application required public notice; and for any application for development, including variances, conditional use approvals, site plans, subdivisions, requests for interpretation of the zoning ordinance or official map, direction for the issuance of a permit to construct a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 50:55D-32 (the Official Map) or for a permit to construct a building or structure not related to a street, and as may in addition be required by the Municipal Land Use Law, or this Chapter 194 and amendments, and excepting therefrom the following applications: 1) conforming minor subdivisions; 2) final approval of a major site plan or subdivision; and 3) appeals from determinations of the Zoning or Administrative Officer. Public notice shall be given 10 days prior to the date of the hearing as follows:

Notice shall be given by publication in the official newspaper of the municipality.

Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. 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. Upon the written request of an applicant, the Tax Search Officer shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to 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 fee of $10 shall be charged for such list.

Notice of all 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.

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.

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.

Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.

The applicant shall file an affidavit of proof of service on a form prescribed with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

Any notice permitted to be made by certified mail shall be deemed complete upon mailing.

§ 194-28 Notice concerning Master Plan.

The Planning Board shall give:

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 at least 10 days prior to the date of the hearing.

Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of the Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

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 thereto.

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 thereto.

§ 194-29 Contents of notice.

Notices pursuant to §§ 194-27 and 194-28 of this article 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 § 194-27 of this article, 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 Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available for public inspection.

§ 194-30 Notice of hearing concerning development regulations, capital improvement program or Official Map.

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.

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.

The adoption, revision or amendment of the municipal capital improvement program or Municipal 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 Municipal Official Map or the municipal 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.

§ 194-31 Time limits for action.

Generally. The municipal agency shall grant or deny an application for development within the time period prescribed for the particular type of application or within such further time as may be consented to by the applicant.

County Planning Board review. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Combined applications.

Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Article III, § 194-13, of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever an application for development requests relief pursuant to Article IV of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

[Amended 12-10-1996 by Ord. No. 96-14]

Extension of time for action. If the scheduled time of the Planning Board meeting allows insufficient time for the Board to reach a determination regarding action on an application within the time prescribed in this section, the applicant shall be requested to consent to an extension of time. In the event time for action expires as a result of failure of the Board to make a quorum, said fact shall constitute an automatic denial without prejudice.

Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented directly or indirectly from proceeding with the development otherwise permitted under such approval 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 or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or under any act repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

Conditional approvals.

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 municipal agency shall process such application for development in accordance with the Act[1] and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.