No member of the Planning Board or Zoning Board of Adjustment 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 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 completed applications for development to process.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which 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 a quorum except as otherwise required by any provision of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See 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, P.L. 1975, c. 231.[2] 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 in accordance with the provisions of N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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; and 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 Borough 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 use as provided for in the rules of the Board.
[Amended 11-27-1979 by Ord. No. 542; 6-28-1983 by Ord. No. 568]
A. 
All fees as hereinafter required shall be payable to the Borough Clerk at the time of filing any application for development. All permits, terminations, resolutions or certificates of approval are subject to the payment of all fees, and no approval shall be given by the Planning Board or Zoning Board of Adjustment until proof has been submitted to them that the requisite fees have, in fact, been paid.
B. 
Schedule of fees. In addition to those established elsewhere in this Code, all applicants or appellants to the Planning Board, Board of Adjustment, Construction Code Officials or Mayor and Council shall pay the following:
[Amended 7-26-1988 by Ord. No. 626]
(1) 
Minor subdivision or resubdivision.
(a) 
At the time of filing a sketch plat for a minor subdivision, the subdivider shall deposit with the Borough Clerk a filing fee of $350, by check made payable to the Borough of Ho-Ho-Kus, to cover the administrative costs of the Borough, together with an amount of $1,500 in cash to be held by the Borough in escrow which shall be charged for the actual out-of-pocket expenses to the Borough for services rendered to it, including but not limited to legal and engineering fees. If the subdivision is classified by the Planning Board as a major subdivision, then the applicant must submit an additional $150 filing fee and $100 for each lot to be created by the proposed subdivision, but applicant shall receive a credit for any amount paid pursuant to this subsection.
[Amended 7-27-1993 by Ord. No. 720; 5-24-2011 by Ord. No. 988; 2-25-2014 by Ord. No. 1026; 11-27-2018 by Ord. No. 2018-12]
(b) 
When the amount deposited under this subsection for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the subdivider shall, upon request, deposit additional amounts as required for legal, engineering, publication, filing, recording, transcribing and similar items within two weeks of notification by the Borough Clerk and prior to the time the Borough authorizes further expenditures.
(c) 
Applications before either the Planning Board or the Zoning Board of Adjustment for minor subdivision involving a hardship variance:
[Added 5-24-2011 by Ord. No. 988]
[1] 
Filing fee: $400;
[2] 
Use variance: $450; and
[3] 
Nonresidential variance: $1,000.
(2) 
Major subdivision.
(a) 
At the time of filing a sketch plat for a major subdivision, the subdivider shall deposit with the Borough Clerk a filing fee of $500, plus $100 for each lot to be created by such major subdivision, by check made payable to the Borough of Ho-Ho-Kus, to cover the administrative costs of the Borough, together with an amount of $5,000 in cash to be held by the Borough in escrow which shall be charged for the actual out-of-pocket expenses of the Borough for services rendered to it including but not limited to legal and engineering fees.
[Amended 7-27-1993 by Ord. No. 720; 5-24-2011 by Ord. No. 988; 2-25-2014 by Ord. No. 1026; 11-27-2018 by Ord. No. 2018-12]
(b) 
When the amount deposited under this subsection for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the subdivider shall, upon request, deposit additional amounts as required to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items within two weeks and prior to the time the Borough authorizes further expenditures.
(c) 
For applications before the Planning Board or Zoning Board of Adjustment for major subdivision involving a hardship variance:
[Added 5-24-2011 by Ord. No. 988]
[1] 
Filing fee: $400;
[2] 
Use variance: $450; and
[3] 
Nonresidential variance: $1,000.
(3) 
Chapter 85, Zoning, interpretations pursuant to N.J.S.A. 40:55D-70b: $175. Planning Board review of new business: filing fee of $150.
[Amended 5-24-2011 by Ord. No. 988]
(4) 
Use variance pursuant to N.J.S.A. 40:55D-70d: $450.
[Amended 5-24-2011 by Ord. No. 988]
(5) 
Variance applications other than use variances by the Board of Adjustment: $400; variance before Zoning Board of Adjustment for nonresidential property: $1,000.
[Amended 5-24-2011 by Ord. No. 988]
(a) 
An escrow in the amount of $1,500 is required for all Zoning Board applications to cover legal and engineering fees.
[Added 2-25-2014 by Ord. No. 1026; amended 11-27-2018 by Ord. No. 2018-12]
(6) 
Minor site plan.
(a) 
At the time of filing a sketch plat for a minor site plan, the applicant shall deposit with the Borough Clerk a filing fee of $300, by check made payable to the Borough of Ho-Ho-Kus, to cover administrative costs of the Borough, together with an amount in cash to be held by the Borough in escrow of $600, which shall be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 7-27-1993 by Ord. No. 720; 2-25-2014 by Ord. No. 1026]
(b) 
When the amount deposited under this subsection for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the applicant shall, upon request, deposit additional amounts as required to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items within two weeks and prior to the time the Borough authorizes further expenditures.
(7) 
Major site plan.
(a) 
At the time of filing a sketch plat for a major site plan, the applicant shall deposit with the Borough Clerk a filing fee of $500, by check made payable to the Borough of Ho-Ho-Kus, to cover administrative costs of the Borough, together with an amount in cash to be held by the Borough in escrow of $600, which shall be charged for the actual out-of-pocket expenses of the Borough for services rendered to it, including but not limited to legal and engineering fees.
[Amended 7-27-1993 by Ord. No. 720; 2-25-2014 by Ord. No. 1026]
(b) 
When the amount deposited under this subsection for the actual out-of-pocket expenses of the Borough has been obligated or exhausted, the applicant shall, upon request, deposit additional amounts as required to cover further out-of-pocket expenses of the Borough for legal, engineering, publication, filing, recording, transcribing and similar items within two weeks and prior to the time the Borough authorizes further expenditures.
(8) 
Simultaneous applications for site plan review and subdivision and/or variance applications shall be charged the filing fees established for each application as if filed separately.
(9) 
All other applications, including but not limited to conditional use approval or an application for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36: $250 Planning Board; $400 Zoning Board of Adjustment.
[Amended 2-25-2014 by Ord. No. 1026]
(10) 
Reinstatement of dismissed applications: $100.
(11) 
Copies of any public records or municipal ordinances: as provided in §§ 51-1 through 51-7.
(12) 
Transcript fees: as set forth in N.J.S.A. 2A:11-15[1] and as may be amended from time to time.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119, § 4.
(13) 
At time of filing a sketch plat for a subdivision or site plan involving property on which wetlands are located, the applicant shall deposit with the Borough Clerk a filing fee of $500, by check made payable to the Borough of Ho-Ho-Kus, to cover administrative and engineering costs of the Borough. Said amount shall be in addition to any fees required to be deposited pursuant to this section.
(14) 
Sign applications: $100.
(15) 
Resubmission of minor and/or major subdivision applications, following previously granted approval by the Planning Board, caused by failure of the applicant to file said subdivision map and/or deed as required by the Municipal Land Use Act: $150.
(16) 
At the time of filing an application before the Board of Adjustment involving commercial property or the development of vacant land (residential or commercial), the applicant shall deposit with the Borough Clerk the sum of $250 to be held by the Borough in escrow, which shall be charged for the actual expenses of the Board for services rendered to it in connection with such application, including but not limited to legal, engineering and other fees incurred by the Board with respect to the application. These expenses shall include the fees of any expert witness retained by the Board, the legal fees of the Board Attorney related to the application, including but not limited to the preparation of legal memoranda, opinion letters and resolution, correspondence and telephone conversations with counsel for the applicant and objectors, and all other necessary and reasonable services rendered with respect to the application, exclusive of the Board Attorney's attendance at meetings of the Board. When the amount deposited for the actual out-of-pocket expenses of the Board has been obligated or exhausted, the applicant shall, upon request, deposit additional amounts as required for the legal, engineering, expert witness fees, publication, filing, recording, transcribing and similar items within two weeks of notification by the Borough Clerk and prior to the time the Borough authorizes further expenditures.
[Added 8-23-1994 by Ord. No. 735]
(17) 
Applications for awning, canopy or marquee: $100.
[Added 12-19-1995 by Ord. No. 754]
[Added 2-25-2014 by Ord. No. 1026]
A. 
Driveway permit: $50.
B. 
New construction review: $50.
C. 
Air-conditioning unit permit: $50.
D. 
Generator permit: $50.
E. 
Pool permit: $50.
F. 
Shed permit: $50.
G. 
Permit for additions to residence: $50.
H. 
Permit for retaining wall: $50.
I. 
Patio/deck: $50.
J. 
Pod/dumpster:
[Amended 4-26-2016 by Ord. No. 2016-07]
(1) 
One to two months: $40 (nonrefundable).
(2) 
Over two months: $100 (nonrefundable).
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 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.
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 the irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. Such interested party shall be charged a fee for the transcript or a duplicate recording as provided for in the rules of the Board.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof, at his expense, as follows:
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on 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. 
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, which notice shall be in addition to the notice required to be given pursuant to § 32A-31B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
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.
F. 
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 Secretary of the Planning Board or the Secretary of the Board of Adjustment, as the case may be, pursuant to Section 6b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G. 
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 Attorney for the Board holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; 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 as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Ho-Ho-Kus shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 32A-31B, of this chapter.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B. 
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 attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by either the applicant or the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, and paid for by the applicant in accordance with the rules and regulations set forth by the respective Board. Said 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 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 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 provision for the payment thereof in such manner that the municipality will be adequately protected.
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-22, if an application for development is submitted to the Planning Board or Zoning Board of Adjustment 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 Planning Board or Zoning Board of Adjustment shall process such application for development in accordance with said Act and this chapter, or rules and regulations as established by said Boards, and, if such application for development complies with the Borough's development regulations, the Planning Board or Zoning Board of Adjustment 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 Planning Board or Zoning Board of Adjustment, the Planning Board or Zoning Board of Adjustment shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that said Boards 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 Planning Board or Zoning Board of Adjustment is prevented or relieved from so acting by the operation of law.
Any member, other than a Class I member, of the Planning Board or any member of the Board of Adjustment may, after public hearing if he requests it, be removed by the governing body for cause.