No member of the 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 Land Use Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of the Land Use Board 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 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 the members present at the meeting, except as otherwise required by any provision of P.L. 1975, c. 291. Failure of a motion to receive the number of votes required to approve an application for development pursuant to § 40-18A(4) or N.J.S.A. 40:55D-34 shall be deemed an action denying the application.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Land Use Board and of the persons appearing by attorney, the action taken by the Land Use 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 Land Use Board.
A. 
Fees for applications for rendering any service by the Land Use Board or any member of their administrative staffs shall be set by the Borough Council by ordinance and copies of said fee schedules shall be available to the public.
B. 
Fees for applications to the Land Use Board acting as the Zoning Board of Adjustment shall be as follows:
(1) 
Applications for use variances under N.J.S.A. 40:55D-70d: $500.
(2) 
Applications for hardship variances under N.J.S.A. 40:55D-70c and all other types of applications to the Land Use Board acting as the Zoning Board of Adjustment: $500.
(3) 
Fees for site plan and subdivision approvals: as set forth in Land Use Board fee schedules.
C. 
Fees for applications to the Land Use Board shall be as follows:
(1) 
Minor subdivision: $150 plus $50 per lot.
(2) 
Major subdivision:
(a) 
Sketch plat: $50.
(b) 
Preliminary plat: $350 plus $50 per lot.
(c) 
Final plat: $150.
(3) 
Minor site plan under 1/2 acre: $150.
(4) 
Major site plan over 1/2 acre: $250.
(5) 
Use permit: $25.
D. 
In addition to the fees noted in Subsections A, B and C of this § 40-24, an applicant with a pending application or appeal before the Land Use Board shall place in an escrow account with the Treasurer of the Borough of Allendale a $1,000 fee in connection with an application or appeal concerning a residential property and a $3,000 fee in connection with an application or appeal concerning a commercial property, as applicable, in order to cover legal fees of the attorney for the Land Use Board, engineering fees of the Borough Engineer, publication fees, and resolution fees incurred by the Borough in the processing of the application, and such other fees and costs for other professional consultants as the Land Use Board may from time to time reasonably and within its sole discretion determine are necessary for a proper review of the application and to supplement the applicant in support thereof.
[Amended 11-17-2022 by Ord. No. 22-14]
E. 
In making a determination as to what professional consultants shall be required, if any, except for the services and fees of the attorney for the Land Use Board and the Borough Engineer, the Land Use Board shall review the application and consider the nature and extent of the application, and any professionals which may be required, including whether any environmental or other conditions may exist.
F. 
When the Land Use Board makes a determination that a professional consultant's services are required (other than those of the attorney for the Land Use Board or the Borough Engineer), it shall estimate the fees and costs therefor. Notice of such fees and costs shall be conveyed to the applicant, who shall forthwith deposit such funds, in addition to those set forth in § 40-24D hereinabove, in an escrow account with the Treasurer of the Borough of Allendale. Any funds contained within the escrow account not required for such legal, engineering or other professional consultants shall be returned to the applicant upon completion of the application or proceeding. In the event of a failure by an applicant to comply with these regulations or to deposit the escrow funds determined by ordinance or by the appropriate board as set forth herein, the Land Use Board may, in its discretion, suspend or dismiss proceedings before it or suspend or revoke such municipal permits or approvals as may have been issued with regard to said application.
G. 
If an escrow account or deposit contains insufficient funds to enable the municipality or Land Use Board to perform required application review or processing, including but not limited to the payment for services performed by professional consultants for the municipality or the Land Use Board, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the Borough or Land Use Board.
H. 
Payment procedure when a professional consultant's services are required.
(1) 
The Chief Financial Officer of the Borough shall make all of the payments required for legal, engineering, publication, and resolution preparation, and to professionals for services rendered to the Borough and/or Land Use Board for reviewing an application. In addition to fees, the Chief Financial Officer shall pay all costs associated with the above. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of the Borough or the Land Use Board, or professionals or consultants. No applicant shall be charged for any Borough, clerical or administrative functions, overhead expenses, meeting room charges or any of the Borough costs and expenses except as provided for specifically by statute, nor shall a Borough professional add any such charge to his or her bill.
(2) 
Scope of reimbursed services. The Borough shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content, and for the review and preparation of documents such as, but not limited to drafting resolutions, agreements and necessary correspondence with the applicant or applicant's professionals.
(3) 
Deposit of escrow funds; refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The Borough shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate Borough agency with respect to such application, upon certification by the Land Use Board Secretary that such application has been finally decided.
(4) 
Payments.
(a) 
Each payment charged by a professional shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Borough simultaneously to the applicant and the Borough agency for whom said services were performed.
(b) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
(c) 
Payments required prior to issuance of permits. No certificates of occupancy or permits of any kind may be issued with respect to any approved application until all bills for reimbursable services have been received by the Borough from professional personnel rendering services in connection with such application and payment has been made.
(5) 
Closeout procedures. The following closeout procedures shall apply to all deposits and escrow accounts established under this § 40-24.
(a) 
The applicant shall send written notice by certified mail to the Chief Financial Officer of the Borough and the approving authority and to the relevant Borough professional, that the application, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Borough shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, shall be refunded along with the final accounting.
(b) 
Substitution of professionals. If the Borough retains a different professional or consultant in the place of a professional originally responsible for application review, the Borough or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Borough or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
A. 
Rules. The Land Use Board shall 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, c. 38, P.L. 1953 (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 Land Use Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. The Land Use Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Land Use Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof 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, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it; or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. 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. 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. 
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 § 40-26B 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 Borough Clerk pursuant to Section 6b of P.L. 1975, c. 291.
G. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Land Use Board.
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 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's 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 administrative officer of the Borough shall, within seven days after receipt of a request therefor 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, § 40-26B, of this chapter.
A. 
The Land Use 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. The Land Use Board shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the Municipal Land Use Law for action by the Land Use 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 Land Use Board voted to grant or deny approval. Only the members of the Land Use 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 Land Use 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-10(h) and (i). If the Land Use Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Land Use Board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the Borough.
B. 
A copy of the decision shall be mailed by the Land Use 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 Land Use Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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 the Secretary of the Land Use Board, without separate charge to the applicant. 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 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 the Land Use 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 will be adequately protected.
An application for development shall be complete for purposes of commencing the applicable time period for action by the Borough Engineer when so certified by the Borough agency or its authorized committee or designee. In the event that the agency, committee 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 the application lacks the information indicated on the checklist attached to and made a part of this chapter, a copy of which shall have been provided to the applicant; or the Borough agency or its authorized committee or 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 agency or its authorized committee 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 he is entitled to approval of the application. The Borough agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for the 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 agency.
The application for development for the Borough of Allendale Land Use Board and Schedule A, Checklist for Submissions of Development Applications, on file with the Secretary of the Allendale Land Use Board, be and the same is hereby authorized and adopted for use by the Land Use Board.
The required materials and checklist for the Borough of Allendale Land Use Board acting as the Zoning Board of Adjustment hearings now on file with the Land Use Board be and the same is hereby authorized and adopted for use by the Land Use Board acting as the Zoning Board of Adjustment.