No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he/she or she has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he/she or she shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
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 meeting
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.
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
Township 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 or her
use as provided for in the rules of the Board.
[Amended 6-2-1997]
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 Part 6, Fees and Deposits.
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 Part 1.
B.
Oaths. The officer presiding at the hearing or such
person as he/she or she 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
or her expense.
A.
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:
(1)
Notice shall be given by publication in the official
newspaper of the Township at least 10 days prior to the date of hearing.
(2)
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 municipality in which applicant's
land is located. Notice shall be given by:
(a)
Serving a copy thereof on the owner as shown
on the current tax duplicate or his or her agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his or her address as shown on the current tax
duplicate. A return receipt shall not be required. Notice shall be
deemed complete upon mailing.
(3)
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.
(4)
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 Subsection A(2) of this section, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice shall be given to the County Planning Board
of a hearing on 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.
(6)
Notice shall be given to the Commissioner of Transportation
of a hearing on an application for development of property adjacent
to a state highway.
(7)
Notice shall be given to the Director of 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.
B.
All notices hereinabove specified in this section
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.
C.
All notices required to be given, pursuant to the
terms in this section, 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 Township 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.
[Amended 6-2-1997]
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 Part 6, Fees and Deposits, provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice, pursuant to § 113-28A(2).
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 § 113-18A(4) 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 publications required by N.J.S.A. 40:55D-10h
and i.
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 Morris County Planning Board for review or approval,
and in such cases the Township 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 or 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 or 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 Township.
D.
Publication. A brief notice of every final decision
shall be published in the official newspaper of the Township. 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.
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 Township shall be adequately protected.
Immediately upon adoption of this chapter, the
Township Clerk shall file a copy with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other Township land use ordinances.
[Amended 12-5-2023 by Ord. No. 2023-25]
A.
Any variance
or design waiver hereafter granted by the Zoning Board of Adjustment
or the Planning Board permitting the use, erection, of alteration
of any building(s) or structure(s) shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by the variance or design waiver,
or unless such permitted use has actually been commenced, within one
year from the date of the date of publication of the notice of the
judgment or determination the Zoning Board of Adjustment or the Planning
Board.
B.
In the
event that an appeal is filed from the decision of the Zoning Board
of Adjustment or the Planning Board, the running of the period of
limitation herein provided shall be suspended from the date the appeal
is filed with the Township Council or with a court of competent jurisdiction
until the adjudication or termination in any manner of such appeal
or proceeding.
C.
In the
case of a variance or design waiver which also involves a subdivision
or site plan approval, the variance or design waiver shall extend
for the full period of preliminary or final approval or any extension
thereof pursuant to the Municipal Land Use Law.[1] In the case of a bifurcated use variance application,
the variance shall expire within one year from the date of publication
of the notice of the judgment or determination of the Zoning Board
Adjustment unless a complete application has been filed with the Administrative
Officer within that time.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Upon written
request of the applicant, the Zoning Board of Adjustment or the Planning
Board may grant an extension or extensions of a variance or design
waiver approval for up to 12 additional months. Whenever the Zoning
Board of Adjustment or the Planning Board shall grant an extension
of variance or design waiver approval, and the variance or design
waiver approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The applicant may apply for the extension either
before or after what would otherwise be the expiration date. The Zoning
Board of Adjustment or the Planning Board shall only grant such an
extension if the applicant demonstrates to the reasonable satisfaction
of such Board that the applicant was barred or prevented, directly
or indirectly, from proceeding with the project because of delays
beyond the control of the applicant, including but not limited to
delays due to unforeseen financial, economic, or health-related conditions,
project design or title complications, and/or delays in obtaining
legally required approvals from other governmental entities, provided
the applicant applied promptly for and diligently pursued the other
required approvals.
A.
Authority. This section is adopted pursuant to the
authority granted the Township 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 Township.
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 he/she or she 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 Township, 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 Township 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)
Application. 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.
(3)
Taxes. A certificate of the Tax Collector that taxes
have been paid.
(4)
Map. An appropriate sketch plat, subdivision map or
site plan, prepared in accordance with the terms and conditions of
the appropriate Township ordinances, as follows:
(a)
Subdivisions (minor, major, preliminary and final). Any application for a minor subdivision or a major subdivision, either preliminary and/or final, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of Part 4, Subdivision of Land, and subsequent amendments thereto, and, if necessary, all of the terms and conditions of Chapter 153, Streets and Sidewalks, and all of the terms and conditions of any other applicable ordinance of the Township.
(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 Part 2, Site Plan Review, of this chapter, and amendments thereto, and all of the terms and conditions of any other applicable ordinance of the Township.
(c)
Variances, use variances and conditional uses. All applications for variances, use variances and/or conditional uses shall comply with the various and miscellaneous sections of Part 5, Zoning, of this chapter, 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 Township.
(d)
Site plan or plan of survey.
[1]
The site plan or plan of survey shall contain
an area map and shall include the following:
[a]
Lot lines, with dimension.
[b]
Tax block and lot numbers.
[c]
Zoning district.
[d]
The name of road or roads on which
the property fronts.
[e]
Easements, rights-of-way, if any,
and zone boundaries.
[f]
Location of streams, if any.
[g]
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.
[h]
Building area allowed (draw lines
showing required front, rear and side yard setbacks).
[i]
Location, arrangement and dimensions
of parking area, driveway, patios, etc.
[j]
The names of adjoining property
owners.
[k]
Location of all buildings on all
adjoining properties (including setbacks).
[2]
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 two-hundred-foot area within or without the
Township.
(5)
Wetlands information. All subdivision and site plan
applications which contain wetlands or are located within 150 feet
of wetlands shall be accompanied by a letter of interpretation issued
by the New Jersey Department of Environmental Protection with respect
to the location and classification of the wetlands in question. Any
transition areas shown as less than 150 feet shall be either in accordance
with the letter of interpretation, or the application shall be accompanied
by a transition area waiver approving such lesser transition area.
[Added 12-19-1989 by Ord. No. 2:19G-89]
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.
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 Township, 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.
The following fees and deposits shall be paid
by every applicant for development within the Township:
A.
Application charges and escrow deposits. Every application
for development shall be accompanied by two separate checks payable
to the Township of Chester, one for the application charge and the
other for the escrow account, in accordance with the schedule set
forth in Part 6, Fees and Deposits.
[Amended 6-2-1997]
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 Township from the professional
consultants of the Board or the Township (attorney, planner, professional
engineer, traffic engineer and others who are employed to review the
application for development) the Treasurer of the Township 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 ensure that the escrow fund is maintained at the
prescribed level.
(3)
Payments divided from escrow fund. 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.[1]
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 Township, 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 Township 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 Township, the estimated construction
costs shall be approved by the Township Engineer and the Mayor and
Council. In all other cases the estimated construction costs shall
be approved by the Township 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 Township Engineer
|
Inspection Charge
(Percent of Construction Cost)
| |
|---|---|---|
|
Less than $10,000
|
6% 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 deficiency. 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.
M.
Changes to tax map charged to applicant. An applicant
shall be responsible for reimbursing the Township for the costs and
fees incurred by the Township for revisions to the tax maps caused
by an application for development being approved. No plat or site
plan shall be signed, nor shall any zoning permit, building permits,
certificates of occupancy or any other types of permits be issued
with respect to any approved application for development, until all
costs, fees and bills have been paid by the applicant.
[Added 11-5-1990 by Ord. No. 2:19W-90]
In the event that Township costs, fees and other
charges are not paid, the sums due and not paid within 45 days of
billing shall become a lien upon the land which is the subject of
the application and shall be assessed in the same manner that taxes
are made on a lien against lands in the Township, and the payment
thereof shall be enforced within the same time, in the same manner
and by the same proceedings as the payment of taxes is enforced by
the Township.
[Added 2-1-2005]
A.
Purpose. The purpose of the digital map submission
is to provide the Township with survey accurate data that will be
beneficial in future endeavors requiring digital data.
B.
Applicability. All applicants receiving approval for
a minor site plan or subdivision and for a final major site plan or
subdivision shall file a digital map(s) meeting the standards contained
hereunder with the administrative officer of the approving board.
C.
Procedural requirements for filing a digital map.
Digital maps shall be submitted to the appropriate Township administrative
officer within 30 days immediately following all required signatures
of the final approved plan(s) by Township officials. All required
digital map data shall be submitted on a CD in the format specified
with the submission standards described hereunder and accompanied
by a letter of transmittal describing the submission. A copy of the
transmittal shall be forwarded to the appropriate board's attorney,
planner and engineer.
D.
Digital map submission standards. All digital maps
shall be prepared according to standards used by the Moths County
Planning Board as described in Appendix G, Digital Mapping Submission
Standards of the Land Development Standards of the County of Morris,
New Jersey, adopted by the Morris County Board of Chosen Freeholders,
September 23, 1998, and amended on May 12, 2004, and as may be modified
or amended in the future. The standards are appended to this section
for reference.
