Borough of Carlstadt, NJ Chapter XVIII Land Use Procedures

The authority to establish a Planning Board and a Zoning Board of Adjustment, to regulate land use and establish procedures for development is contained in N.J.S.A. 40:55D-1 et seq.

18-1 Short Title.

This chapter shall be known and may be cited as "The Land Use Procedures Chapter of the Revised General Ordinances of the Borough of Carlstadt."

18-2 Purposes of Land Development Chapters.

The land use and development chapters, including Chapters XVIII through XXI, enacted in accordance with the Master Plan of the Borough of Carlstadt, as amended, are enacted for the following purposes:

a. To guide the appropriate use and development of land in a manner which will promote the public health, safety, morals and general welfare.

b. To secure safety from fire, flood, panic and other natural and man-made disasters.

c. To provide adequate light, air and open space.

d. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and preservation of the environment.

e. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

f. To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

g. To protect and preserve the unique character, identity and historic heritage of historical districts and historical sites.

h. To comport with other such purposes as set forth in N.J.S.A. 40:55D-2.

18-3 Definitions.

Whenever a term is used in this chapter or any land development chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term in such statute, unless a contrary definition is provided in these chapters or a contrary intention is clearly expressed from the context of the provision containing such term.

18-4 Planning Board.

18-4.1. Establishment. There is hereby established in the Borough, pursuant to N.J.S.A. 40:55D-23 et seq., a Planning Board of seven members and two alternates.

The members constituting the Planning Board shall consist of and be divided into the following classes:

a. Regular Members.

Class I. The Mayor, or in his/her absence, a designee.

Class II. One of the officials of the Borough other than a member of the Council, to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member in the event that there is among the Class II or alternate members both a member of the Zoning Board of Adjustment and a member of the Board of Education.

Class III. A member of the Council, to be appointed by it.

Class IV. Four other citizens of the Borough, to be appointed by the Mayor. The members of Class IV shall hold no other Borough office, position or employment, except that in the case of nine member boards, one such member may be a member of the Zoning Board of Adjustment or, if established, the Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that in the case of a nine member board, one Class IV member may be a member of the Board of Education. If there is a Borough Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board a member of the Zoning Board of Adjustment or, if established, an Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Borough Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

b. Alternate Members. The Mayor shall appoint two alternate members who shall meet all qualifications of Class IV members of the nine member Planning Board. At the time of their appointment they shall be designated as "alternate no. 1" and "alternate no. 2."

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate no. 1 shall vote.

18-4.2. Compensation and Terms. All members of the Planning Board shall serve without compensation and the term of appointment of each class member shall commence on January 1 of the year in which the appointment is made. No member or alternate member of the Planning Board shall be permitted to act on any matter (s)he has any personal or financial interest, whether directly or indirectly, any member or alternate member, other than a Class I member, may be removed by the Council for cause after a public hearing, if such member requests one.

a. Regular Members.

The term of the member composing Class I shall correspond to the Mayor's official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.

The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of such member's term of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission.

The term of the Class II or Class IV member who is also a member of the Environmental Commission shall be three years, or until the completion of such member's term on the Environmental Commission, whichever occurs first.

The Class IV term of each member shall be four years. The term of the Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever such member is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first.

b. Alternate Members. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided that in no instance shall the terms of the alternate members first appointed exceed two years.

18-4.3. Vacancies. If a vacancy in any class occurs other than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.

18-4.4. Organization of Board. The Planning Board shall select a Chairperson and Vice Chairperson from the members of Class IV, and shall also select a Secretary, who may or may not be either a member of the Planning Board or a Borough employee, and create and fill such other offices as it shall determine.

18-4.5. Planning Board Attorney. The Planning Board may annually appoint and, subject to the appropriation of funds, fix the compensation or agree upon the rate of compensation of the Planning Board attorney, who shall be an attorney other than the Borough Attorney.

18-4.6. Experts and Staff. The Planning Board may also employ or contract for the services of experts and other staff and services, as it may deem necessary. The Board, however, shall not exceed, exclusive of gifts or grants, the amount appropriated by the Council for its use.

18-4.7. Advisory Committees.

a. Citizens' Advisory Committee. The Mayor may appoint one or more persons as a Citizens' Advisory Committee on planning to assist or collaborate with the Planning Board in its duties, but the Committee shall have no power to vote or take other action required of the Board. The Committee shall serve at the pleasure of the Mayor.

b. Site Plan Review Advisory Board. The Mayor may appoint a Site Plan Review Advisory Board for the purpose of reviewing all site plan applications and making recommendations to the Planning Board in regard thereto.

18-4.8. Powers and Duties Generally. The Planning Board is authorized to adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of the land use chapters. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply. It shall also have the following powers and duties:

a. To make and adopt and, from time to time, amend a Master Plan for the physical development of the Borough, including a specific policy statement respecting its relationship to any areas outside its boundaries which, in the Board's judgment, bears essentially upon the planning of the Borough, re-worded to provide for a policy statement rather than regulation, in accordance with the provisions of N.J.S.A. 40:55D-28.

b. To administer the provision of the Land Subdivision and Site Plan Review Ordinances of the Borough in accordance with the provisions of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 and 12 et seq., and any amendments and supplements thereto and shall accordingly exercise its powers set forth in N.J.S.A. 40:55D-25.

c. To approve conditional use applications in accordance with the provisions of Chapter XXI, Zoning, pursuant to N.J.S.A. 40:55D-67.

d. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

e. To assemble data on a continuing basis as part of a continuous planning process.

f. To annually prepare a program of Borough capital improvement projects projected over a term of six years, and amendments thereto, and to recommend same to the Council. The operating departments of the Borough and the respective boards of education are to be requested by letter to indicate their requirements.

g. To establish the official map, pursuant to an ordinance of the Council, and recommend amendments to the same, pursuant to N.J.S.A. 40:55D-32 and 33.

h. To consider and report to the Council within 35 days of referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).

i. When reviewing applications for approval of a subdivision, site plan or conditional use, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

1. Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

2. Direction, pursuant to N.J.S.A. 40:55D-34, 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.

3. Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not relating to a street.

Whenever relief is requested, pursuant to the provisions of this paragraph, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a permit, as the case may be.

j. Preparation, administration and review of a plan of historic preservation of historical zones and historical sites.

k. Limiting and restricting the use, destruction and alteration of structures in the historical zone and designated historical sites and to encourage their preservation and restoration.

l. To perform other advisory duties as may be assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers.

m. To pass upon matters referred to it specifically by ordinance of the Borough Council under the terms and conditions of the Municipal Land Use Act.

n. Whenever the Planning Board shall have adopted any portion of the Master Plan, the Borough Council or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, state, county or municipal.

o. To pass on any amendments of changes of any nature to the Zoning Ordinance of the Borough as more particularly set forth in N.J.S.A. 40:55D-37.

18-4.9. Time Limitations for Planning Board Action.

a. Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board, or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed shall be signed by the Chairperson and Secretary of the Planning Board before it is accepted for filing by the County Recording Officer.

b. Preliminary Approval, Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission, or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission, or within such further time as may be consented to by the developer.

c. Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in paragraph 18-2.8i, 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.

d. Final Approval, Major Subdivisions. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application, or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plat has been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days.

e. Site Plan Approval. Minor site plan approval shall be granted or denied within 45 days of the date of the submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, subject to any conditions that the Board may impose.

Upon submission of a complete application for preliminary approval for a major site plan for 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission, or within such further time as may be consented to by the applicant. Upon submission of a complete application for preliminary approval for a major site plan for more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of submission, or within such further time as may be consented to by the applicant. Following preliminary approval, final approval of a major site plan shall be granted or denied within 45 days of submission of a complete application for final approval.

f. Failure of Planning Board to Act. Failure of the Planning Board to act within the period set forth in paragraphs a through e, above, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant. Such certificate shall be sufficient evidence of approval in lieu of written endorsement or other evidence of approval.

g. Completeness of Application. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee. In the event that the Planning Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:

1. The application lacks information required by the specific land development chapter of this revision for the particular type of application, which list of requirements shall be provided to the applicant, and

2. The Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that (s)he is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.

18-4.10. Applications; Procedure for Filing.

a. General. Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. Applicants shall file at least 14 days before the date of the monthly meeting of the Board an original and eight copies of a sketch plat; an original and eight copies of the application for minor subdivision approval; an original and eight copies of the application for major subdivision approval or an original and eight copies of the application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

b. Site Plan Approval.

1. Preliminary.

(a) The developer shall submit to the Secretary of the Planning Board and to the Secretary of the Zoning Board of Adjustment in the case of a use variance, a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.

(b) If the Planning Board or Zoning Board of Adjustment requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and Municipal Land Use Law, grant preliminary site plan approval.

2. Final. The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and provided the conditions of preliminary approval are met.

18-4.11. Exceptions. The Planning Board when acting upon applications for preliminary or minor subdivision, major subdivision or site plan approval shall have the power to grant such exceptions from the requirements for such approval as may be reasonable and within the general purpose and intent of the provisions for subdivision and site plan review, if the literal enforcement of one or more provisions of the land development chapters is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

18-4.12. Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision 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.

18-4.13. Effect of Approval.

a. Minor Subdivision. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.

b. Preliminary Approval of Major Subdivision or Site Plan. Preliminary approval of a major subdivision or of a site plan, except as provided in paragraph 4 below, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

1. That the general terms and conditions of which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be

3. That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

4. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs 1, 2 and 3 above for such period of time, longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval.

(b) Economic conditions.

(c) The comprehensiveness of the development.

The applicant may apply thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
(a)	The number of dwelling units and nonresidential floor area permissible under preliminary approval.
(b)	The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
(c)	Economic conditions.
(d)	The comprehensiveness of the development.
However, if the design standards have been revised, such revised standards may govern.

c. Final Approval of a Subdivision or Site Plan.

1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision all rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required by N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extension of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

2. In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in paragraph 1 above for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval.

(b) Economic conditions.

(c) The comprehensiveness of the development.

The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)	The number of dwelling units and nonresidential floor area permissible under final approval.
(b)	The number of dwelling units and nonresidential floor area remaining to be developed.
(c)	Economic conditions.
(d)	The comprehensiveness of the development.

18-4.14. Signing of Plats, Site Plans and Conditional Uses. Approved plats for minor subdivisions, preliminary major subdivisions and final major subdivisions shall be signed by the Planning Board Chairperson and Secretary. Approved site plans and conditional uses shall be signed by the Planning Board Chairperson and Secretary.

18-5 Zoning Board of Adjustment.

18-5.1. Establishment; Members. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69, which shall consist of seven regular members and two alternate members. All members shall be residents of the Borough and shall be appointed by the Council. No member of the Zoning Board of Adjustment may hold any elective office or position in the Borough government.

Alternate members shall be designated at the time of appointment by the Council as "alternate no. 1" and "alternate no. 2."

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate no. 1 shall vote.

18-5.2. Terms of Office.

a. Regular Members. The term of each regular member shall be four years. The terms of the members first appointed under this chapter shall be so determined that, to the greatest extent practicable, the expiration of such term shall be distributed evenly over the first four years after their appointment; provided that the initial term shall not exceed four years.

b. Alternate Members. The term of each alternate member shall be two years. The terms of the alternate members shall expire in alternate years.

18-5.3. Vacancies. If a vacancy occurs other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

18-5.4. Organization of the Board. The Zoning Board of Adjustment shall elect a Chairperson and Vice Chairperson from among its members and shall also select a Secretary and an Assistant Secretary, who may be a Board member or a Borough employee.

18-5.5. Zoning Board of Adjustment Attorney. The Zoning Board of Adjustment may annually appoint and, subject to the appropriation of funds, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment attorney, who shall be an attorney other than the Borough Attorney.

18-5.6. Experts and Staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.

18-5.7. Expenditures. The Zoning Board of Adjustment shall not authorize expenditures which exceed, exclusive of gifts and grants, the amount appropriated by the Council for its use.

18-5.8. Powers of the Zoning Board of Adjustment. The Zoning Board of Adjustment shall have the following powers:

a. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.

1. However, in furtherance of the objectives of the 2015 Redevelopment Plan and the objectives of the Borough Council, the Carlstadt Board of Adjustment and/or Carlstadt Planning Board shall not consider, grant or approve deviations (or variances) from the land use provisions (including permitted and conditional uses) of the SCAHO Zone, as specified and included in the 2015 Carlstadt Redevelopment Plan.

2. When considering a site plan application pertaining to Block 55, Lot 9 or Lot 10, the Carlstadt Planning Board may grant extensive deviations to the applicable zoning provisions and broadly implement deviations (variances) to bulk regulations and other zone standards, conditions and factors as it deems appropriate, with the specific exceptions being land use, including the provisions of Section 2 of the Redevelopment Plan. Notwithstanding the foregoing, the Carlstadt Panning Board may not establish stricter bulk standards than provided in the 2015 Carlstadt Redevelopment Plan.

b. To hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon special questions upon which such Board is authorized by the Zoning Ordinance to pass.

c. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Chapter XXI, Zoning, of this revision would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship, provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a.

d. In particular cases and for special reasons, to grant a variance to allow departure from regulations, pursuant to Chapter XXI, Zoning, of this revision to permit:

1. A use or principal structure in a district restricted against such use or principal structure.

2. An expansion of a nonconforming use.

3. Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67, pertaining solely to a conditional use.

4. An increase in the permitted floor area ratio, as defined in N.J.S.A. 40:55D-4.

5. An increase in the permitted density, as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated, undersized lot or lots resulting from a minor subdivision.

A variance under this paragraph d shall be granted only by affirmative vote of at least five members.

e. To direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the official map.

f. To direct issuance of a permit, pursuant to N.J.S.A. 40:55D-35, for a building or structure not related to a street.

g. To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval, pursuant to N.J.S.A. 40:55D-37 through 59, or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance, pursuant to paragraph d of this subsection.

No variance or other relief may be granted under the provisions of paragraphs a through d of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance.

The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and the Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the approval in question, and the special vote, pursuant to subsection 16-2.8d, shall not be required. Any application under any provision of this subsection may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

h. To adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section and Chapter XXI, Zoning.

i. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.

j. The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of this chapter or the land development chapter in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of such chapters would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq. It shall furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.

k. The Zoning Board of Adjustment may refer any application to an appropriate person or agency, including the Planning Board, for its report. However, such referral shall not extend the time within which the Zoning Board of Adjustment shall act.

18-5.9. Appeals and Applications.

a. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Borough based on or made in the enforcement of the Zoning chapter or Official Map. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72(a) by filing a notice of appeal with the officer from whom the appeal was taken, together with seven copies of such notice with the Secretary of the Zoning Board of Adjustment. Such notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

b. A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to an administrative officer. Applications addressed to the original jurisdiction of the Zoning Board of Adjustment, without prior application to an administrative officer, shall be filed with the Secretary of the Zoning Board of Adjustment. Seven copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

c. An appeal to the Board shall stay all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and for good cause shown.

d. An appeal or application to the Zoning Board of Adjustment shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized designee. In the event that the Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless:

1. The application lacks information in the form and substance required by the checklist provided to the applicant for the particular type of application, which list of requirements and forms shall be provided to the applicant, and

2. The Zoning Board of Adjustment, or its designee, has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Zoning Board of Adjustment shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that (s)he is entitled to approval of the application. The Zoning Board of Adjustment may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Zoning Board of Adjustment.

18-5.10. Reversal or Modification on Appeal. The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all powers of the officer from whom the appeal was taken.

18-5.11. Time for Decision. The Zoning Board of Adjustment shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative official, or the submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70(b). In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of subsection 18-5.8g, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application.

18-6 Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment.

18-6.1. Conflicts of Interest No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which (s)he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, (s)he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests as stated above, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Zoning Board of Adjustment shall make the choice.

If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests as stated above, regular members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Planning Board shall make the choice.

18-6.2. Meetings.

a. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled, unless canceled for lack of applications for development to process.

b. Special meetings may be provided for at the call of the Chairperson or at the request of any two Board members. Such meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

c. No action shall be taken at any meeting without a quorum being present.

d. All actions shall be taken by majority vote of the members present, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.

e. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. To the extent permitted by the Open Public Meetings Law, and in accordance with the provisions of N.J.S.A. 40:55D-9, an executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting, and no actions requiring a vote shall be taken.

18-6.3. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, 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 City Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his/her use, as provided for in the rules of the Board.

18-6.4. Fees.

a. Application Fees. Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment, or any member of their administrative staffs, which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of such rules or of the separate fee schedule shall be available to the public. Fees shall be as set forth in section 4-9 of this revision.

b. Escrow Fee Schedule.

1. Subject to the provisions of paragraph 2 below, each applicant, prior to the application being ruled complete pursuant to the provision of Municipal Land Use Law, shall submit the sum(s) set forth in section 4-9 of this revision, to be held in escrow in accordance with the provisions hereof.

2. Within 30 days after the filing of an application for development, the Planning Board or Zoning Board of Adjustment in conjunction with an appropriate representative of the staff of the Borough, shall review such application for development to determine whether the escrow amount set forth in section 4-9 of this revision, is adequate.

In conducting such review, the Board shall consider the following criteria:

(a) The presence or absence of public water or sewer service servicing the site.

(b) Environmental considerations, including, but not limited to, geological, hydrological and ecological factors.

(c) Traffic impact of the proposed development.

(d) Impact of the proposed development on existing aquifer or water quality.

Upon completion of this review and within the thirty-day period, the Board shall adopt a resolution specifying whether the escrow amount specified is sufficient, excessive or insufficient. In the event that the Board shall determine that such amount is excessive, it shall specify the amount that shall be deemed sufficient in the resolution. In the event the Board shall determine the amount specified is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.

c. Posting of Escrow Funds.

1. No application for development shall be deemed complete until such time as the applicant shall have posted with the Borough, in cash or certified check, the amount of escrow deposit determined by the Planning Board or the Zoning Board of Adjustment to be required in accordance with the provisions of this chapter.

2. All such escrow funds shall be utilized by the appropriate board to pay the cost of professional services, including certified shorthand reporting fees incurred by the Board for Review or testimony in connection with the particular application for development. All sums not actually so expended shall be refunded to the applicant within 30 days after the final determination by the appropriate board with respect to such application.

d. Deposit of Escrow Fund: Interest Bearing Account. The Borough shall deposit all funds pending completion and review of the development application. Whenever an amount of money in excess of $5,000 is deposited by an applicant, such money shall be placed in an interest bearing account pursuant to the provisions of N.J.S.A. 40:55D-53.1. In the event that a refund is to be made to the applicant, the Borough shall refund, with prorated interest, such amount within 30 days from the date of final approval.

18-6.5. Public Hearings.

a. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or of this chapter.

b. Oaths. The officer presiding at the hearing, or such person as (s)he may designate, shall have power to administer the 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, N.J.S.A. 2A:67A-1 et seq., shall apply.

c. Testimony. 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.

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

e. Records. Each board shall provide for the verbatim recording of the proceedings by either stenographer or by mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party, at his/her expense.

f. Absences; Eligibility to Vote. When any hearing shall carry over two or more times, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter provided that member has available to him/her a transcript or recording of the meeting or meetings from which (s)he was absent and certifies, in writing, to the Board that (s)he has read the transcript or listened to the recording.

18-6.6. Notice, Requirement for Hearing. Whenever a hearing shall be required on an application for development, pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

a. Publication. By publication in the official newspaper of the Borough at least 10 days prior to the date of hearing.

b. Adjacent Owners. Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing; and whether located within or without the Borough. Notice shall be given by:

1. Serving a copy thereof on the owner, as shown on the current tax duplicate, or his/her agent in charge of the property, or

2. Mailing a copy thereof by certified mail to the property owner at his/her address, as shown on the current tax duplicate. A return receipt shall not be required. Notice shall be deemed complete upon mailing.

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 property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

c. Adjoining Municipalities. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to paragraph b of this subsection, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

d. County Planning Board. Notice shall be given 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 situate within 200 feet of a municipal boundary.

e. Commissioner of Transportation. Notice shall be given to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

f. Division of State and Regional Planning. Notice shall be given 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 Clerk pursuant to N.J.S.A. 40:55D-10.

g. Time of Notice. All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development.

Any notice made by certified mail, as hereinabove permitted, shall be deemed complete upon mailing, in accordance with the provisions of N.J.S.A.40:55D-14.

h. Contents of Notice. All notices required to be given, pursuant to the terms in this subsection, shall state the date, time and place of the hearing, the nature of the matters to be considered and 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 Borough Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available, as required by law.

18-6.7. List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12C, the administrative officer shall, within seven days of receipt of a request therefor and upon receipt of payment of a fee as specified in subsection 4-9.8 of this revision, provide a list certified by the tax assessor from the current tax duplicate of names and addresses of owners in the Borough to whom the applicant is required to give notice, pursuant to paragraph b of subsection 18-6.6.

18-6.8. Decisions.

a. Findings of Fact and Conclusions. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development, and shall reduce the decision to writing. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or paragraph 18-5.8d of this revision shall be deemed an action denying the application. The Board shall provide the findings and conclusions through:

1. A resolution adopted at a meeting held within the time period provided in the Act for action by the Board on the application for development; or

2. A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board. However, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publication required by paragraphs h and i of N.J.S.A. 40:55D-10.

b. Conditional Decisions; County Planning Board Approval. Where required by law, N.J.S.A. 40:27-6.6, the application shall be submitted to the County Planning Board for review or approval, and in such cases the Borough Planning Board and Zoning Board of Adjustment shall condition any approval that each grants upon timely receipt of a favorable report from the County Planning Board or upon the County Planning Board's failure to report within the required time period. Decisions may also be conditioned on approval by other governmental agencies.

c. Mailing. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who request it and who have paid the prescribed fee. A copy of the decision shall also be filed in the office of the administrative officer, who shall make a copy of such filed decision available for public inspection during his/her office hours and a copy available to any interested party upon payment of a fee, calculated in the same manner as those established for copies of the other public documents in the Borough.

d. Publication. A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, for a reasonable charge. The applicant may also arrange for such publication. Notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

18-6.9. Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough shall be adequately protected.

18-6.10. Expiration of Variance. Any variance hereafter granted by the Zoning Board of Adjustment or the Planning Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the approval of the variance; except, however, in the case of a use variance which also involves a subdivision or site plan, approval of the variance shall extend for the full three-year period of preliminary approval.

The running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment to the Council, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

18-6.11. Completeness of Application; Checklist.

a. Authority. This subsection is adopted pursuant to the authority granted the Borough under N.J.S.A. 40:55D-10.3.

b. Applicability. This checklist shall apply to all applications for development in all zones within the Borough.

c. Determination of Completeness No Bearing on Merits. A determination of completeness, pursuant to the terms and conditions hereof, is in no way to be interpreted or understood as an evaluation of the adequacy or acceptability of the information submitted, and shall not be construed as diminishing the applicant's obligation to prove in the application process that (s)he is entitled to approval of the application.

d. Additional Information. The approving board may subsequently require correction of any information found to be in error and submission of any additional information not specified in this chapter or any other ordinance of the Borough, or any revisions thereof, as is or may be reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.

e. Checklist. For the purposes of determining that an application for any development within the Borough is complete, pursuant to the terms of N.J.S.A. 40:55D-10.3, an applicant shall be required to furnish the following information, documents and fees:

1. A completed application form, as supplied by the secretary of the appropriate board, containing full and complete responses and answers to all requirements and questions contained thereon. The applicant shall be given a copy of the approved checklist and shall provide all applicable documents and information set forth therein.

2. All required fees and charges pursuant to a schedule of fees to be supplied the applicant by the secretary of the appropriate board.

3. Certificate of tax collector that taxes have been paid.

4. An appropriate sketch plat, subdivision map or site plan, prepared in accordance with the terms and conditions of the appropriate Borough ordinances, as follows:

(a) Subdivisions, Minor, Major; Preliminary and Final. Any application for a minor subdivision or a major subdivision, either preliminary or final, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of Chapter XIX, Land Subdivision and Site Plans, of this revision and subsequent amendments thereto, and, if necessary, all of the terms and conditions of Chapter XIV, Streets and Sidewalks, and all of the terms and conditions of any other applicable ordinance of the Borough.

(b) Site Plans, Preliminary and Final. Any application for a preliminary or final site plan, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of Chapter XIX, Land Subdivision and Site Plans, of this revision, and amendments thereto, and all of the terms and conditions of any other applicable ordinance of the Borough.

(c) Variances, Use Variances, Conditional Uses. All applications for variances, use variances and/or conditional uses shall comply with the various and miscellaneous sections of Chapter XXI, Zoning, of this revision, and amendments thereto, as may be required, depending upon the nature of the variance, use variance or conditional use requested, and all of the terms and conditions of any other applicable ordinance of the Borough.

(d) Site Plan or Plan of Survey. The site plan or plan of survey shall contain an area map and shall include the following:

(1) Lot lines, with dimension.

(2) Tax block and lot numbers.

(3) Zoning district.

(4) Name of road or roads on which the property fronts.

(5) Easements, rights-of-way, if any, and zone boundaries.

(6) Location of streams, if any.

(7) Location of all existing buildings, if any, and of proposed structures or changes showing front, rear and side yard dimensions and distance from buildings to property lines.

(8) Building area allowed (draw lines showing required front, rear and side yard setbacks).

(9) Location, arrangement and dimensions of parking area, driveway, patios, etc.

(10) Names of adjoining property owners.

(11) Location of all buildings on all adjoining properties (including setbacks).

The area map may be copied from the tax maps in the assessment office. It must show the applicant's plot and the properties within 200 feet in outline, including properties outside the Borough, where necessary. It must indicate lot and block numbers on each plot within the 200 foot area within or without the Borough.

f. Additional Requirements. In addition to the above, any application for development, shall be subject to any rules and regulations as adopted, from time to time, by either the Zoning Board of Adjustment or the Planning Board, copies of which shall be supplied to the applicant along with the application form.

18-6.12. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board and Zoning Board of Adjustment an index of the natural resources of the Borough, the Planning Board and Zoning Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either. Failure of the Planning Board or Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

18-6.13. Fees and Deposits. The following fees and deposits shall be paid by every applicant for development within the Borough.

a. Application Charges and Escrow Deposits. Every application for development shall be accompanied by two separate checks payable to the Borough of Carlstadt, one for the application charge and the other for the escrow account, in accordance with the schedule set forth in section 4-9 of this revision.

b. Multiple Applications. In the case of applications involving more than one category of application for development, such as an application for site plan or subdivision approval coupled with a variance, the application charge shall be the highest of the applicable charges, plus 50% of all other applicable charges.

c. Nonrefundability. The application charge is a nonrefundable flat fee to cover administrative expenses.

d. Determination of Site Plan Charges. On applications for site plan approval, the applicant shall submit a statement in support of the calculation of the application charge, which statement shall be subject to review by the Board.

e. Escrow Account. The escrow account is established to cover the cost of professional services, including engineering, legal and other expenses connected with the review of submitted materials. Escrow account funds not utilized in the review process will be returned to the applicant.

1. Additional Deposits. As invoices are received from time to time by the Board or by the Borough from the professional consultants of the Board or the Borough, (attorney, planner, professional engineer, traffic engineer and others who are employed to review the application for development) the Treasurer of the Borough shall immediately request the applicants, in writing, to pay such additional sums into the escrow account as may be required to cause the amount in the escrow account to equal the initial deposit plus all outstanding directly related professional fee invoices.

2. Monthly Review. The Treasurer will review the account at least monthly to insure that the escrow fund is maintained at the prescribed level.

3. Payments from Escrow Funds. As the invoices of the professional consultants are reviewed and approved for payment by the Board or Council, the Treasurer will pay 100% of the approved invoices from the escrow account.

f. Payments and Deposits Required Prior to Board Review. The Board hearing the application shall not proceed with any hearing and shall not take any action, except to deny an application because of nonpayment of fees, and shall not release any signed maps, site plans or plats, without first obtaining from the Treasurer a certification that the applicant has paid all required charges and escrow amounts.

g. Final Billing or Return of Excess Deposits. Upon completion of the processing of an application for development, whether by way of withdrawal, denial, approval, conditional approval or other disposition, the Treasurer shall, as soon as practicable, either invoice the applicant for any remaining fees that may be due, after deducting the 10% to be paid by the Borough, or return any excess funds on hand to the applicant.

h. Deposits After Approval. Upon receipt of approval of the development plan, and as a condition thereto, the applicant shall pay to the Borough as a deposit with respect to professional inspection fees the sums required under the appropriate schedule that appears below. In the case of a development plan involving improvements that are intended to be accepted by the Borough, the estimated construction costs shall be approved by the Borough Engineer and the Mayor and Council. In all other cases, the estimated construction costs shall be approved by the Borough Engineer and the board acting on the application. The estimated cost of improvements shall be based upon charges by contractors for public work of a similar nature.

Estimated Construction Cost of Site Plan and Subdivision Items to be Inspected by the Borough Engineer	Inspection Charge (Percent of Construction Cost)
Less than $10,000	Six percent of estimated cost
$10,000 to $50,000	$600 plus 5% of excess over $10,000
Over $50,000	$2,600 plus 4 1/2% over $50,000

i. Deposit Deficiency. In the event that the actual reasonable costs of inspection exceed the deposit set forth herein, the Treasurer will invoice the applicant for the difference. The applicant will not be deemed to have satisfied the conditions of the development plan approval unless such invoice is paid in full. The Treasurer will promptly notify the construction official of any deficiency with respect to the payment of such fees. The construction official shall not issue a certificate of occupancy or any other permit until such invoice is paid in full.

j. Excess Deposit. In the event that the reasonable costs of the inspection are less than the deposit paid, the excess will be returned to the applicant.

k. Statement of Account. Upon request, in writing, the Treasurer shall provide the applicant with a statement of the escrow account and with copies of any professional fee invoices relating to the approval of the application or to the inspection of the development.

l. Reasonableness of Charges. The applicant may request a hearing as to the reasonableness of any of the invoices. If such request is received, in writing, the hearing shall be held by the Council at the next available public meeting. The failure of the applicant to protest an invoice shall not be construed to be an acknowledgment of the reasonableness of the invoice in the event the issue should arise in any later proceeding.

18-6.14. Appeals from Planning Board or Zoning Board of Adjustment. An appeal from any final decision of the Planning Board or Zoning Board of Adjustment must be taken directly to the Superior Court.

18-7 Administration.

18-7.1. Copy of Ordinance to be Filed with County Planning Board. Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board, as required by law. The Borough Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.

18-7.2. Enforcement. The Borough Council shall enforce this chapter, the land development chapters and any regulations made and adopted hereunder. To that end, the Borough Council may require the issuance of specified permits, certificates or authorizations as a condition precedent to:

a. The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.

b. The use or occupancy of any building, structure or land.

c. The subdivision or re-subdivision of any land.

The Council shall appoint an administrative officer and establish offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates or authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate state, county or Borough agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorization.

18-7.3. Violations. 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 this chapter or any other regulation made under authority conferred hereby, the proper Borough authorities or an 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 such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

18-7.4. 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 such development, the running of the period of approval under this chapter, shall be suspended for the period of time such legal action is pending or such directive or order is in effect.