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.
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
administrative officer. 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.
Fees for applications or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of its administrative staff 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 § 111-3G
and H.
[Added by Ord. No. 4-89; amended 6-28-1999 by Ord. No. 8-99]
A. Upon filing any application for development with the
Planning Board or Zoning Board of Adjustment, an applicant shall post
escrow fees with the reviewing Board for those applications, and in
the amounts, specified in § 111-3G and/or H of this Code.
The provisions of N.J.S.A. 40:55D-53.2 and 40:55D-53.2a shall apply
to all escrow fees posted with the Planning Board pursuant to § 111-3G
and to all escrow fees posted with the Zoning Board of Adjustment
pursuant to § 111-3H.
B. Separate from any requirement for additional refundable
escrow fees, if either the applicant or the Board desires a stenographic
transcript of hearings or other meetings related to any application,
the costs of appearance, taking down the testimony or discussion,
transcribing it and providing a copy of the transcript to the Board
shall be at the expense of the applicant, who shall also arrange for
the attendance of a certified shorthand reporter.
[Amended by Ord. No. 9-82]
Public notice of a hearing on all applications
for development shall be given, except for minor site plans, minor
subdivisions and final approval of major site plans and major subdivisions.
Public notice shall be given in the event relief is requested, pursuant
to N.J.S.A. 40:55D-60, 40:55D-70 or 40:55D-76 as part of an application
for development otherwise excepted herein from public notice.
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) By publication in the official newspaper of the Borough;
(2) By serving a copy thereof on the owner as shown on
the current tax duplicate or his/her agent in charge of the property;
or
(3) By mailing a copy thereof by certified mail to the
property owner at his/her address as shown on the current tax duplicate.
A return receipt shall not be required. Notice shall be deemed complete
upon mailing.
B. 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 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 to the clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to Subsection
B of this section, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 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.
E. Notice shall be given to the Commissioner of Transportation
of a hearing on an application for development of property adjacent
to a state highway.
F. Notice shall be given to the State Planning Commission
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 N.J.S.A. 40:55D-10.
G. Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under this chapter and requiring public notice pursuant to this section
shall be given, in the case of a public utility, cable television
company, or local utility which possesses a right-of-way or easement
within the Borough of Mountain Lakes and which has registered with
the Borough in accordance with N.J.S.A. 40:55D-12.1, by serving a
copy of the notice on the person whose name appears on the registration
form on behalf of the public utility, cable television company, or
local utility, or mailing a copy thereof by certified mail to the
person whose name appears on the registration form at the address
shown on that form.
[Added 6-28-1999 by Ord. No. 8-99]
H. 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.
I. 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 Borough Tax Assessor's office and the location and times at
which any maps and documents for which approval is sought are available
as required by law.
[Amended 6-28-1999 by Ord. No. 8-99]
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 § 111-3G and H, provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Borough to whom the applicant is required to give notice, pursuant to §
40-35B. In addition, the administrative officer shall include on the list the names, addresses, and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to §
40-37.
[Added 6-28-1999 by Ord. No. 8-99]
A. Every public utility, cable television company, and local utility interested in receiving notice pursuant to §
40-35G may register with the Borough to receive notice. This registration shall remain in effect until revoked by the public utility, cable television company, or local utility, or by its successor in interest.
B. The administrative officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered pursuant to Subsection
A of this section. The registration form shall include the name of the public utility, cable television company, or local utility, and the name, address, and position of the person to whom notice shall be forwarded. The information contained therein shall be made available to any applicant, as provided for in §
40-36.
C. Any public utility, cable television company, or local utility which registers to receive notice pursuant to Subsection
A of this section shall pay to the Borough a registration fee as set forth at § 111-3G(6).
D. The administrative officer shall notify the corporate secretary of every local utility that, in order to receive notice by an applicant pursuant to §
40-35G, the utility must register with the Borough or any other municipality in which the utility has a right-of-way or easement.
[Amended by Ord. No. 10-84]
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 §
40-21A(4) of this chapter 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-10(h)
and (i).
B. Conditional decisions; County Planning Board approval.
Where required by law, see 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 Borough Planning Board and Zoning Board of Adjustment
shall condition any approval that each grants upon timely receipt
of a favorable report from the County Planning Board or upon the County
Planning Board's failure to report within the required time period.
Decisions may all be conditioned on approval by other governmental
agencies.
C. Mailing. A copy of the decision shall be mailed by
the Board within 10 days of the date of decision to the applicant
or, if represented, then to his/her attorney without separate charge.
A copy of the decision shall also be mailed to all persons who request
it and who have paid the prescribed fee. A copy of the decision shall
also be filed in the office of the administrative officer, who shall
make a copy of such filed decision available for public inspection
during his/her office hours and a copy available to any interested
party upon payment of a fee calculated in the same manner as those
established for copies of the other public documents in the Borough.
D. Publication. A brief notice of every final decision
shall be published in the official newspaper of the Borough. Such
publication shall be arranged by the Secretary of the Planning Board
or Zoning Board of Adjustment, as the case may be, for a reasonable
charge. The applicant may also arrange for such publication. Notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision.
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 the
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the Borough shall be adequately protected.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of §
40-22 of this chapter.
Immediately upon adoption of this chapter the
Borough Clerk shall file a copy with the County Planning Board as
required by law. The Borough Clerk shall also file with the County
Planning Board copies of all other Borough land use ordinances.
[Added by Ord. No. 8-88; amended 11-9-2009 by Ord. No. 15-09]
Any variance hereafter granted by the Zoning
Board of Adjustment or the Planning Board permitting the erection
or alteration of any structure(s) or permitting a specified use of
any premises shall expire by limitation unless such construction or
alteration shall have been actually commenced on each and every structure
permitted by the variance, or unless such permitted use has actually
been commenced, within 18 months from the date memorializing the resolution
by the Zoning Board of Adjustment or Planning Board, except that the
running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Zoning
Board of Adjustment or Planning Board to the Council or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding. Any variance may be extended for up to an additional
18 months by written request to the Zoning Board of Adjustment or
Planning Board based on whichever granted the original variance relief.
The written request shall provide the reasoning for the variance extension
and the requested time period for the extension. The respective Board
shall review the request and determine if an extension is warranted
given the specific circumstances and considerations of the variance
in question.