[Amended 12-10-2013 by Ord. No. 13-20]
The Land Use Board shall adopt and may amend
reasonable rules and regulations, not inconsistent with this chapter,
for the administration of its functions, powers and duties and shall
furnish a copy thereof to any person upon request and may charge a
reasonable fee for such copy. Copies of all such rules and regulations
and amendments thereto shall be maintained in the office of the Town
Clerk.
A.
The Land Use Board shall by its rules 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 the agency's members and
the public in accordance with municipal regulations. No action shall
be taken at any meeting without a quorum being present. All actions
shall be taken by a majority vote of a quorum except as otherwise
required by §§ 88-8D, 88-22A, 88-22B and 88-30A(4)
of this chapter and Sections 23, 25, 49 and 50 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62 and 40:55D-63). Nothing
herein shall be construed to contravene any act providing for procedures
for the governing body.
[Amended 12-10-2013 by Ord. No. 13-20]
B.
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 N.J.S.A. 40:55D-9.
C.
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 may be charged a reasonable fee for reproduction of the minutes
for his use as provided for in the rules of the municipal agency.
D.
Conflicts of interest. No member of the Land Use Board
or Zoning Land Use Board shall act on any matter in which he has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate as a Board member in any discussion
or decision relating thereto.
[Amended 12-10-2013 by Ord. No. 13-20]
A.
When required. The Land Use Board, as the case may
be, shall hold a hearing on each application for development, except
for sketch plat applications. The Land Use Board shall also hold a
hearing on the adoption, revision or amendment of a Master Plan. The
governing body shall hold a hearing on the adoption or amendment of
a development regulation, an Official Map or a capital improvement
program.
[Amended 12-10-2013 by Ord. No. 13-20]
B.
Rules. 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 10 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
or clarify or supplement the previously filed maps and documents.
C.
Oaths. 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.
D.
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.
E.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
F.
Records. The municipal agency shall provide for the
verbatim recording of the proceedings by either stenographer or 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.
G.
Decisions. Each decision on any application for development
shall be in writing as a resolution of the municipal agency and shall
include findings of facts and legal conclusions based thereon.
H.
Copy of decision. 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 Town Clerk. The Town Clerk 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.
I.
Notice of decision. 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 Secretary of the Land Use
Board, provided that nothing 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.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision, whether arranged by the municipality
or the applicant.
[Amended 12-10-2013 by Ord. No. 13-20]
J.
Notice of hearing on application for development or adoption of Master Plan. Notices pursuant to Subsection J(1) and (2) below 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 Subsection J(1) below, 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 pursuant to Subsection B.
(1)
Notice of applications. Notice pursuant to Subsection J(1)(a), (b), (d), (e), (f) and (g) shall be given by the applicant. Said notice shall be given at least 10 days prior to the date of the hearing.
(a)
Public notice of a hearing on an application for development shall be given except for conventional site plan review, sketch plats or final approval, provided that public notice shall be given in the event that relief is requested pursuant to § 88-21D of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
(b)
Notice of a hearing requiring public notice pursuant to Subsection J(1) of this section 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. Notice shall be given by serving a copy thereof on the property owner, as shown on 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 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.
(c)
Upon the written request of an applicant, the Town Clerk shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection J(1)(b). 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. The charge for such list is contained in Chapter 73, Fees.
(d)
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. Such notice shall be in addition to the notice required to be given pursuant to Subsection J(1)(b) above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(e)
Notice shall be given by personal service or
certified mail to the County Land Use Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road, as 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.
(f)
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.
(g)
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 Subsection B.
(h)
The applicant shall file an affidavit of proof
of services 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.
(2)
Notice concerning Master Plan. The Land Use Board
shall give:
[Amended 12-10-2013 by Ord. No. 13-20]
(a)
Public notice of a hearing on adoption, revision
or amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality at least
10 days prior to the date of the hearing.
(b)
Notice by personal service or certified mail
to the Clerk of an adjoining municipality of all hearings on adoption,
revision or amendment of a Master Plan involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
(c)
Notice by personal service or certified mail
to the County Land Use Board:
[1]
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.
[2]
Of 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.
K.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or Official Map.
(1)
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.
(2)
Notice by personal service or certified mail shall
be made to the County Land Use 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 and the adoption, revision or amendment
of a municipal capital improvement program or the 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.
(3)
Notice of hearings to be held pursuant to this subsection
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 subsection shall be deemed complete upon mailing.
L.
Filing of ordinances. This chapter or any revision
or amendment thereto shall not take effect until a copy thereof has
been filed with the County Land Use Board. An Official Map shall not
take effect until filed with the county recording officer. Copies
of this chapter and any revisions or amendments thereto shall be filed
and maintained in the office of the Town Clerk.
[Amended 11-13-1984 by Ord. No. 84-12; 12-10-2013 by Ord.
No. 13-20; 2-25-2014 by Ord. No. 14-03]
All appeals from decisions of the Land Use Board
shall be made directly to the Superior Court of New Jersey.
[Amended 12-10-2013 by Ord. No. 13-20]
Any power expressly authorized by this chapter
to be exercised by the Land Use Board shall not be exercised by any
other body, except as otherwise provided in this chapter.
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.
A.
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 this chapter
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.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipality shall make
a decision on any application for development within the time period
provided in this chapter or within an extension of such period as
has been agreed to by the applicant, unless the municipal agency is
prevented or relieved from so acting by the operation of law.
[Amended 12-10-2013 by Ord. No. 13-20]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Land Use Board or to the Zoning Land Use Board 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 said
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 provisions for the payment thereof in such
manner that the municipality will be adequately protected.
[Amended 8-9-1988 by Ord. No. 88-10]
A.
Application fee. Fees for applications or for the rendering of any service by the Land Use Board or Zoning Land Use Board or any member of their administrative or professional staffs shall be as provided by § 73-3 of the Code of the Town, and copies of the separate fee schedule shall be available to the public.
[Amended 12-10-2013 by Ord. No. 13-20]
B.
Escrow account.
(1)
In addition to the nonrefundable application fees
required on every application for development, the applicant shall
be required to establish, at the time of application, one or more
escrow accounts with the Town to cover the cost of professional services
in connection with the review of said application, including all environmental,
legal, engineering, planning, expert review and consultation fees
and services of the Town, including the testimony and cost of certified
reporters and transcripts associated with the review and processing
of this application. Such fee shall be payable by cash, check or money
order.
(a)
Applications to the Zoning Land Use Board for
relief from the Land Use Code of the Town of Clinton where all of
the below conditions are met shall not be required to establish an
escrow account or any associated escrow agreement or initial escrow
deposit, unless determined to be necessary by the Zoning Land Use
Board due to a determination that the input of Board professionals
is needed. All other applications to the Zoning Land Use Board shall
require an escrow account and the associated escrow agreement and
initial escrow deposit.
[Added 4-25-2008 by Ord. No. 08-03;
amended 12-10-2013 by Ord. No.
13-20]
[1]
The only relief from the Land Use Code requested
pertains to one or more signs;
[2]
The application does not require site plan or
subdivision approval;
[3]
The applicant is not proposing a ground sign;
[4]
The applicant is not proposing a wall sign which
is equal to or greater than 60 square feet; and
[5]
The applicant is not proposing any internally
illuminated signs. Note that this does not include neon and LED signs.
(2)
At the time of submitting an application for preliminary
or final approval to the Board, the applicant shall be required to
execute an escrow agreement, in a form approved by the Town Attorney,
to cover all necessary and reasonable costs incurred by the approving
authority for technical and professional review of the application.
(3)
Initial escrow deposits. The initial escrow deposit
shall be equal to the application fee or $1,000, whichever is greater,
and may be increased by resolution if the Board deems it necessary
due to the size and complexity of the application.
[Amended 5-8-1990 by Ord. No. 90-5]
(4)
Replenishment of escrow for applications and inspections.
The escrow associated with each application shall be replenished whenever
the original escrow is reduced by charges against the account to 35%
or less of the original amount. The account administrator shall notify
the applicant to replenish the escrow, and the applicant shall, upon
request, replenish the account to the original escrow amount. No further
consideration, review, processing or inspection shall be performed
by or on behalf of the Board until the additional escrow has been
deposited.
(5)
Accounting.
(a)
The applicant may request an accounting of the
expenses or fees paid by him for professional review. Such request
shall be in writing to the administrative officer. The applicant shall
be responsible for any cost incurred by the municipality in having
its professional and administrative staff prepare an accounting of
the fees expended.
(b)
Any remaining balances shall be returned to
the applicant within 60 days after the filing of the deed in the case
of a minor subdivision, or the completion and acceptance of required
improvements in the case of a major subdivision, or the issuance of
a certificate of occupancy in the case of a site plan; and upon an
authorization of the Board by appropriate resolution.
[Added 11-13-1984 by Ord. No. 84-12]
A schedule of checklists is annexed to and made
part of this chapter.[1] Such schedule contains all checklists of information required
as part of various applications for development designated in the
title of the checklist. Each such checklist is hereby adopted, pursuant
to N.J.S.A. 40:55D-10.3. A checklist, appropriate to the development
approval applied for, is to be provided to an applicant for development.
[1]
Editor's Note: The schedule of checklists
is on file in the office of the Town Clerk.
[Added 3-11-2020 by Ord. No. 20-03]
A.
When required. No building or structure shall be occupied in whole
or in part prior to the issuance of a certificate of construction
records clearance (CRC). A CRC shall be required prior to the sale
of any residential or commercial structure.
B.
Exceptions. The following transactions are exempt from obtaining
a CRC as long as no change in physical occupancy occurs:
(1)
Transfer of title to correct a previously recorded deed.
(2)
Title eligible to be recorded as an ancient deed pursuant to
N.J.S.A. 46:16-7.
(3)
Transfer of title between husband and wife, whether or not relating
to divorce, or between former spouses if the transfer is incident
to an order or judgment from any court of competent jurisdiction.
(4)
Transfer of title relating to new construction for which a certificate
of occupancy is required.
(5)
Transfer of title by or to an executor, administrator or court
which affects a distribution of a descendant's estate in accordance
with the provisions of the descendant's will or the interstate of
laws of the state.
(6)
Transfer of title due to refinancing, home equity loans, second
mortgages.
(7)
Transfer of title by or to a receiver, trustee in bankruptcy
or liquidation, or assignee for the benefit of creditors.
(8)
Residential rentals.
C.
Responsibility. No owner shall permit the sale of residential or
commercial premises covered under this section unless the requisite
CRC has been issued. No purchaser or tenant shall occupy any premises
covered under this section until the requisite CRC has been issued.
Owners, tenants, and occupants shall be jointly and separately responsible
for failure to obtain the requisite CRC required hereunder. The owner
or his authorized agent shall submit a written application and payment
of fees at least 25 business days prior to the change of ownership
and/or occupancy on the form provided by the Town.
D.
Preoccupancy records inspection. Prior to the issuance of any certificate
for any transaction, the enforcing agency shall conduct a records
inspection to ensure that there are no open construction permits on
subject premises. Should there be open permits on subject premises,
all final inspections and prior approvals shall be obtained and appropriate
Uniform Construction Code certificates shall be issued prior to the
issuance of the CRC.
F.
Violations and penalties.
(1)
Any person, firm or corporation violating any provisions of
this section shall, upon conviction, be punishable by a fine not exceeding
$1,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days.
(2)
The issuance of a CRC shall not preclude the imposition of penalties
upon subsequent discovery of violations.
