The respective responsibilities of the Planning
Board and Zoning Board of Adjustment are as follows:
A.
Assignment. The applicant may seek the direction of
the Borough Engineer and/or Construction Official as to which approvals
are required and the appropriate Board or of filing an application
and proceeding before the Board which the applicant believes to be
appropriate. The following applications may be filed:
B.
Content. Any development application requiring approval
by the Planning Board of either subdivisions or site plans or both,
shall include provisions ensuring:
(1)
Consistency of the layout or arrangement of the subdivision;
(2)
Streets in the subdivision or land development with
the requirements of the land development ordinance; width and suitable
grade and suitability located to accommodate prospective traffic and
to provide access for fire-fighting and emergency equipment to buildings
and coordinated so as to compose a convenient system consistent with
the Official Map, if any and the circulation element of the Master
Plan and so oriented as to permit, consistent with the reasonable
utilization of land, the buildings constructed thereon to maximize
solar gain; provided that no street of a width greater than 50 feet
within the right-of-way lines shall be required unless said street
constitutes an extension of an existing street of the greater width
or already had been shown in greater width on the Official Map;
(3)
Adequate water supply, drainage, shade tree, sewerage
facilities and other utilities necessary for essential services to
residents and occupants;
(4)
Suitable size, shape and location for any area reserved
for public use pursuant to Section 32 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-44);
(5)
Reservation pursuant to Section 31 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-43), of any open space to be set aside for use
and benefit of the residents of planned development, resulting from
the application of standards of density or intensity of land use,
contained in the Land Development Ordinance, pursuant to Section 52c
of P.L. 1975, c. 291 [N.J.S.A. 40:55D-65(c)];
(6)
Regulation of land designated as subject to flooding;
pursuant to Section 52e of P.L. 1975, c. 291 [N.J.S.A. 40:55D-65(e)],
to avoid danger to life or property;
(7)
Protection and conservation of soils from erosion
by wind or water or from excavation or grading; and
(8)
Conformity with standards promulgated by the Commissioner
of Transportation, pursuant to the Air Safety and Hazardous Zoning
Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), for any
airport hazard areas delineated under this act.
C.
Complete application. An application for development
shall include a completed checklist, the items specified in the checklist
and an application form.
(1)
A determination of completeness is made by the Planning
Board Engineer. The engineer's recommendation shall be submitted in
writing to the Planning Board Secretary prior to the next scheduled
work session. In the event that the application is determined to be
incomplete, the Board Secretary shall provide the applicant with a
checklist of the outstanding items prior to the next regular meeting
of the Board. In the event that the application is not certified to
be complete within 45 days of the date of its submission, the application
shall be certified complete upon the expiration of the forty-five-day
period unless the application lacks information indicated on the checklist
of items to be submitted and the Board Secretary has notified the
applicant, in writing, of the deficiencies in the application within
45 days of submission of the application.
(2)
The applicant may request that one or more of the
submission requirements be waived, in which event the Board shall
grant or deny the request within 45 days of the date of submission.
In the event that the Planning Board Engineer deems the application
incomplete in accordance with the provisions of this section, only
resubmissions by the applicant shall be reviewed.
(3)
Nothing herein shall be construed as reducing the
applicant's obligation to prove that the application is entitled to
approval. The Board may subsequently require correction of any information
found to be in error. The Board may also ask for such additional information
not specified in the ordinance or for revisions as are reasonably
necessary. 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 Board.
D.
Upon a certification of completeness, the Board Secretary
shall notify the applicant of the hearing date in order to comply
with the notice requirements. The Board Secretary shall refer the
site plan or subdivision and exhibits to all local reviewing agencies
as directed by the Board. The Board may also designate other local,
county, state or governmental officials or agencies to receive copies
of any application for review and recommendation.
E.
Taxes due. All applicants shall furnish proof that
tax payments for the property in question are current and that there
are no assessments for local improvements due or delinquent. No approval
can be granted without such proof.
A.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an Administrative
Officer shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the meeting
dates of the Board.
A.
Prior to the submittal of a formal plan, the applicant
for subdivision or site plan may request an informal review before
the Board in order to:
(1)
Acquaint the applicant with the substantive and procedural
requirements of the subdivision and site plan ordinance;
(2)
Provide for an exchange of information regarding the
proposed development plan and applicable elements of the master plan,
zoning ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information
that may aid the application;
(4)
Identify policies and regulations that create opportunities
or pose significant constraints for the proposed development;
(5)
Consider opportunities to increase development benefits
and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
B.
Applicants seeking review of a concept plan shall
provide 20 copies of the plan or plat and 20 copies of the completed
application and the required review fees to the Board Secretary at
least seven days before a regularly scheduled workshop meeting of
the Planning Board.
C.
Information for concept plan review.
(1)
The concept plan is a general plan that is neither
fully engineered nor surveyed. The plan or plat should be sufficiently
detailed to allow the Planning Board to make suggestions on general
site design and layout for circulation, stormwater management, location
of open space and buffers, building arrangements and to determine
how the proposal meets the Borough's development goals and objectives.
D.
Effect of concept plan/informal review. Neither the
applicant nor the Board is bound by any concept plan or informal review.
The suggestions made at the concept plan stage may change with new
information discovered when a formal development application is prepared
using current detailed site-specific data and on-site test findings.
The applicant may request a review of an additional concept plan based
upon new information prior to submission of a formal application for
development.
A.
Submission procedures. Site plan and subdivision applications submitted under the provisions of this chapter shall comply with all the applicable requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. A waiver of notice of public hearing may be granted by the Planning Board in accordance with N.J.S.A. 40:55D-46.1 for a minor site plan application filed by a charitable organization seeking minor site plan approval for the placement of a donation clothing bin under and in accordance with § 125-40.1. A waiver of notice of public hearing may not be granted by the Planning Board in accordance with N.J.S.A. 40:55D-46.1 except as otherwise provided in this section, regardless of whether or not the minor site plan conforms to the definition of "minor site plan."
[Amended 6-20-2000 by Ord. No. 1803-2000; 5-12-2009 by Ord. No. 2147-2009]
B.
Uses requiring site plan approval and when site plan
approval is not required.
[Amended 6-20-2000 by Ord. No. 1803-2000; 9-26-2000 by Ord. No. 1819-2000; 4-18-2001 by Ord. No. 1851-2001]
(1)
All activities except the following shall require
site plan approval:
(a)
The construction, customary use and modification
of single-family and two-family dwellings, including any permitted
accessory buildings and uses incidental to the principal use of the
property.
(b)
Any structure or use for which site plan approval
was granted prior to the effective date of this chapter and that was
developed in accordance with the such approval.
(c)
Construction which is determined by the Construction
Official to constitute ordinary repairs, as defined by the State of
New Jersey Department of Community Affairs Uniform Construction Code.
(d)
Soil disturbance of less than 300 cubic yards
in total, no matter how long it takes, except that nothing shall be
construed to prevent the otherwise lawful excavating or cutting, stripping
or other change in the existing configuration of the land for the
following purposes and no others:
[1]
Gardening for noncommercial purposes.
[2]
The construction or reconstruction of curbs,
sidewalks, conforming fences, private residential driveways, drainage
systems, sewage disposal systems and other utility service connections,
provided that all other Borough, county, state and district approvals
have been received.
(2)
A change in use from one permitted use to another
permitted use in any zone district of the Borough of Fair Lawn (except
an industrial zone district) shall not require site plan approval
as long as:
(a)
The change from the existing use to the new
use does not entail any increase in the off-street parking requirement
as calculated under the applicable ordinances of the Borough of Fair
Lawn or
(b)
Notwithstanding that the change to the new use
entails an increase in the required off-street parking, the off-street
parking already provided on the site is sufficient to accommodate
the change in use without the need for variance relief.
(c)
In an industrial zone district, site plan approval
shall be required for a change in use in all cases, regardless of
whether variance relief is necessary, except those in which the off-street
parking requirement for the new use does not increase from that which
is required for the existing use.[1]
[Amended 9-25-2018 by Ord. No. 2480-2018]
[1]
Editor's Note: Former Subsection B(2)(d),
Cooperative parking plan, which immediately followed this subsection,
was repealed 4-18-2001 by Ord. No. 1851-2001.
(3)
In
the B-2 Zone, the Planning Board Secretary is authorized to waive
the requirement of a hearing before the Planning Board that would
otherwise be required in the case of restaurants and other establishments
requiring a beverage or food handler's certificate where 24 or fewer
seats are provided in establishments north of Broadway or where 30
or fewer seats are provided in establishments south of Broadway.
[Amended 6-20-2000 by Ord. No. 1803-2000; 3-11-2008 by Ord. No. 2109-2008; 9-11-2012 by Ord. No. 2250-2012; 9-25-2018 by Ord. No. 2480-2018]
(4)
A change in use or occupancy of a building or land
requires site plan approval if one or more of the following criteria
is met, as determined by the Zoning Officer when an applicant applies
for a building permit:
(a)
The previous use never received site plan approval.
(c)
The proposed use has significantly different
hours of operation than the previous use.
(d)
The proposed use has different loading requirements
which have an effect on site circulation.
(e)
The proposed use involves the storage or handling
of chemicals or hazard substances.
(f)
The proposed use calls for a significant change
in exterior lighting, circulation and landscaping.
(g)
The proposed use will generate a greater amount
of solid waste requiring additional refuse receptacles than previously
required.
C.
Additional requirements.
(1)
No subdivision or site plan involving any street(s)
requiring additional right-of-way width as specified in the Master
Plan and the street requirements of this chapter shall be approved
unless such additional right-of-way, either along one or both sides
of said street(s), as applicable, shall be deeded to the municipality
or other appropriate governmental agency.
(2)
The Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and surrounding area. Such information
may include, but not be limited to, drainage calculations, traffic
analysis and detailed environmental information.
D.
Environmental impact preliminary statement and environmental
assessment report.
(1)
Environmental impact preliminary statement.
(a)
A preliminary statement of potential environmental impact, in a form set forth in § 125-70, must be filed with every major site plan submitted to the Planning Board or use variance submitted to the Zoning Board of Adjustment before an application is deemed complete. It need not be submitted with a minor site, but may be requested. The applicant should be able to complete the checklist without professional assistance of an environmental specialist. Questions regarding any part of the checklist may be directed to the Planning Board engineer or the Borough Engineer.
(b)
Based on the data contained in the preliminary
statement, the Zoning Board of Adjustment or Planning Board may request
a partial or complete environmental impact statement or waive the
requirement altogether.
(c)
Any subsequent findings by the Boards contrary
to the statements made in the preliminary statement of potential environmental
impact by the applicant may constitute grounds for rejection of the
application. The applicant has a legal responsibility to answer truthfully
and completely all questions to the best of his/her knowledge and
information and will be held accountable for the responses provided.
(2)
Environmental assessment report.
(a)
General provisions. The environmental impact
generated by a land development project necessitates a comprehensive
analysis of the variety of problems that may result and the actions
that can be taken to minimize those problems. This constitutes an
environmental assessment report. In evaluating environmental impact,
the Planning Board or the Board of Adjustment, as the case may be,
shall not approve any application for development until it determines
and finds that the proposed development:
[1]
Will not result in appreciable harmful effects
to the environment.
[2]
Has been designed and conceived with a view
toward the protection of the regional resources.
[3]
Will not place a disproportionate or excessive
demand upon the total resources available for such proposal and for
any future proposals. In order to accomplish these goals, the Board
may condition any approval upon the implementation of those performance
controls deemed necessary to assure the protection of the environment.
Any approval shall also be conditioned upon the receipt of licenses,
permits or other approvals required by law.
(b)
Applicability.
[1]
The requirements of an environmental assessment
report shall apply to all applications for development of any nature
whatsoever regardless of whether same are before the Planning Board
or the Zoning Board with the exception of the following:
[a]
Applications for development for
or in connection with less than four one-family residential dwellings;
[b]
Applications for development for
or in connection with less than four two-family residential dwellings;
[c]
Minor subdivisions of one- or two-family
residential lots or dwellings;
[d]
Minor site plans. Notwithstanding
the requirements of Subsection D(2)(b)[1][a] through [d] herein, a
lot size of less than 3/4 of an acre shall be exempt from the requirement
of providing an environmental assessment report.
[2]
On request of an applicant, the Board shall
have the power in all other applications for development to waive
all or part of the requirements of an environmental assessment report.
Request for waiver shall be made by an applicant simultaneously with
the submission of an application for development. The Board shall
either grant or deny the request for waiver within 30 days of the
receipt of the request by the Board. An application for development
shall not be deemed complete until the Board shall either grant such
waiver or reject same as stated above. The Board shall only waive
the requirements of an environmental assessment report by the affirmative
vote of a majority of the Board (five affirmative votes for waiver).
In exercising its power, the Board shall take into account the goals
of this section, the nature of the application and any other relevant
factors.
(c)
Procedures. It is further recognized that the
level of detail required for various types of applications will vary
depending on the size of the proposal, the nature of the site and
the location of the project. Therefore, having determined that some
flexibility is needed in preparing the environment assessment report,
the procedural requirements for such a report are listed as follows:
[1]
At least 15 days prior to the submission of an application for development, a preapplication conference shall be held with the Borough Engineer and, where appropriate, the Borough Health Officer to review the content of the environmental assessment report outlined in § 125-65D(2). The Borough Engineer shall generally advise the applicant as to the applicability of specific environmental assessment report requirements as may be required by the applicable Board along with any supplemental guidelines adopted by the Board.
[2]
When the environmental assessment report is
prepared by an individual other than the applicant, the credentials
and expertise of that individual shall be submitted with the environmental
assessment report. As much original research as necessary shall be
conducted to develop a comprehensive environmental assessment report.
[3]
Sixteen copies of each environmental assessment
report shall be submitted to the appropriate Board with the appropriate
application for development. One copy of the environmental assessment
report shall be forwarded to the Environmental Commission by the applicant
for review and comment together with the application. The Environmental
Commission shall submit its comments to the Board within 20 days after
receipt of the application and environmental assessment report from
the applicant.
[4]
The environmental assessment report shall consist
of written and narrative graphic materials which will clearly present
the information that is required. The scale of all maps shall be one
inch equals 50 feet, unless the Borough Engineer and/or Board agree
to another scale. Contours, when required, shall be provided at two-foot
intervals for slopes of less than 10% and at five-foot intervals for
slopes 10% or greater.
(d)
Format. When an environmental assessment report
is required, the following format shall be utilized and the information
requested shall be provided.
[1]
Project description. Indicate the purpose and
scope of the proposed project. Enumerate the benefits to the public
which will result from the proposed project and describe the suitability
of the site for the intended use. A description of the proposed project
shall be presented to indicate the extent to which the site must be
altered, the kinds of facilities to be constructed, how they are to
be constructed and the uses intended. The resident population, working
population and visitor population shall be estimated. The compatibility
or incompatibility of the proposed project shall be described in relation
to the Borough of Fair Lawn, its master plan and other pertinent planning
documents.
[2]
Site description and inventory. Provide a description
of existing environmental conditions on the site which shall include,
but not be limited to the items set forth in Subsection D(2)(d)[4][a]
through [o] below.
[3]
Area description. A description of the surrounding
environs taking into account the nature and size of the application
for development shall be provided as well as the existing land use
pattern. When required, the existing infrastructure, with respect
to the drainage and transportation network, as well as any central
sewerage and water supply facilities, shall be described in detail.
[4]
Impact. Discuss the negative and positive on-and-off-site
impacts as they affect the items listed below. Indicate those negative
impacts that are unavoidable. Indicate those resources affected by
the proposal which will be irretrievably lost and those resources
which are renewable. The specific concerns that shall be considered
include, but are not limited to the following:
[a]
Impact on water quality, especially
groundwater;
[b]
Impact on water supply;
[c]
Air quality/odor;
[d]
Sewerage;
[e]
Hydrology and drainage;
[f]
Topography;
[g]
Traffic patterns and volume;
[h]
Noise levels and time periods;
[i]
Electromagnetic radiation;
[j]
Displacement of people and businesses;
[k]
Displacement of recreational areas;
[l]
Fiscal impact (net impact on revenues
and cost of municipal services);
[m]
Historic features;
[n]
Solid waste;
[o]
Any other relevant concerns.
[5]
Recommendations to mitigate adverse environmental
impact. Describe in detail what measures will be employed during the
planning, construction and operation phases which will minimize or
eliminate negative impacts on and off site that could result from
the proposed project. Of specific interest are:
[a]
Drainage plans which shall include,
but not be limited to, soil erosion and sedimentation controls. Every
effort should be made to limit off-site runoff to predevelopment levels.
[b]
Sewage disposal techniques.
[c]
Water supply and water conservation
proposals.
[d]
Site design techniques sensitive
to the natural environment which should include innovative landscape,
building and circulation design.
[e]
Energy conservation measures.
[f]
Noise reduction techniques.
[g]
Construction schedule.
[h]
Miscellaneous on-site and off-site
improvements.
[6]
Alternatives. Discuss what alternatives were
considered both in terms of site design and project location. Indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the subject proposal.
[7]
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the construction and operation
of the proposed project. This list shall include, but will not be
limited to approval required by the Borough, as well as the county,
state and federal governments and their agencies. Where approvals
have been granted, copies of such approvals shall be attached. Where
approvals are pending, a note shall be made to that effect.
[8]
Documentation. All publications, file report,
manuscripts or other written sources of information related to the
project, the project site and the Borough which were consulted and
employed in compilation of the environmental assessment report shall
be filed with the Borough Engineer.
A.
Application.
(1)
The applicant shall submit to the Secretary of the
Planning Board the appropriate number of copies of the items required
by the correct rules and regulations of the Planning Board, together
with an executed application form, the prescribed fee and evidence
that no taxes or assessments are outstanding against the property
to the Secretary of the Board. The Board Secretary shall process the
application and assign an application number.
(2)
Upon determination that the application is complete,
the applicant shall submit 20 copies of all plans and the Board Secretary
will place the item on the agenda.
B.
Submission requirements.
(2)
Exception of specific subdivision requirements. The
Planning Board, when acting upon applications for preliminary or minor
subdivision approval, shall have discretionary power to grant such
exceptions from the technical requirement for approval as may be reasonable
and within the general purpose and intent of the provision for subdivision
review and approval of this chapter. If the literal enforcement of
one or more provisions of the chapter is impractical or will exact
undue hardship because of peculiar conditions pertaining to the land
in question. A requested waiver may be approved only at a public meeting,
with notice to given in accordance with N.J.S.A. 40:55D-12.
(3)
The applicant shall forward copies of the plat or
minor site plan to the following for review and comment, where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Secretary of the Bergen County Planning Board.
(c)
Borough Engineer.
(d)
Borough Board of Health.
(e)
Construction Official/Zoning Officer.
(f)
Environmental Commission.
(g)
Bergen County Soil Conservation District.
(h)
Borough Historic Preservation Commission.
(i)
Fair Lawn Main Street, Inc.
[Added 11-24-2009 by Ord. No. 2168-2009; amended 2-7-2023 by Ord. No. 2647-2023]
(k)
Borough Economic Development Corporation.
[Added 11-24-2009 by Ord. No. 2168-2009]
(l)
Borough Shade Tree Advisory Committee.
[Added 11-24-2009 by Ord. No. 2168-2009]
(m)
Borough Fire Board Representative.
[Added 11-24-2009 by Ord. No. 2168-2009]
(n)
Borough Police Department – Traffic Division.
[Added 11-24-2009 by Ord. No. 2168-2009]
(4)
The Board shall also have the authority to refer any
plat or minor site plan to other agencies or individuals for comment
or recommendations.
C.
Review. The officials and agencies shall forward their
comments and recommendations in writing to the Board within 30 days
from the receipt of minor subdivision plat or site plan.
D.
Notice of public hearing. At the time when the application
is certified complete, the Board shall set a date for the public hearing
and notify the applicant of said date. After such notification, the
applicant shall follow the procedures established with respect to
notice of hearing.
E.
Revisions. The Board may require the filing of an
amended application which shall proceed as in the case of the original
application. The time within which the Board shall review the amended
application and make its determination shall commence as of the date
of the filing of the amended plat. If the applicant fails to submit
an amended application within the original time for review authorized
by this chapter, the Board shall be obligated to act on the original
application. If, at the discretion of the Board, the change or changes
are considered minor in nature, the applicant may be given approval
subject to the submission of an amended plan indicating the changes.
F.
Conditional approval. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3, the Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board.
G.
Action.
(1)
The Board shall approve, conditionally approve or
deny a minor subdivision within 45 days of the certification that
the application is complete, unless the applicant shall extend the
period of time within which the Board may act. Where a variance is
requested pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A.
40:55D-70, the Board shall take action within 120 days from which
the application is certified complete.
(2)
Failure of the Board to act within the period prescribed
shall constitute minor subdivision or site plan approval and a certificate
of the Board Chairman as to the failure of the Board to act shall
be issued on request of the applicant. The certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and, in the case of minor subdivision, shall be so
accepted by the county recording officer for purposes of filing subdivision
plats or deeds.
(3)
Where the remaining portion of the original tract
is sufficient to be subdivided or further developed, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate that the proposed subdivision or development,
together with such subsequent subdivision(s) or development(s) as
may be submitted in the future, is feasible. Any requirements under
this subsection shall be limited to those that will prevent the proposed
development from causing any reasonably avoidable damage to any adjacent
property or any environmental resource.
H.
Effect of approval. Approval of a minor site plan
or subdivision shall be deemed final approval and shall be prepared
in accordance with final site plan or subdivision requirements, provided
that the Board may condition such approval on the provision of improvements
as may be required pursuant to the N.J.S.A. 40:55D-53. The zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision or site plan approval was
granted, shall not be changed for a period of two years after the
date on which the resolution of approval is adopted provided that
the approved minor subdivision or site plan shall have been duly recorded.
I.
Filing with the county recording officer. Approval
of a minor subdivision or site plan shall expire 190 days from the
date on which the resolution of the approval is adopted unless within
such period a plat in conformity with such approval and N.J.S.A. 46:23-9.9
et seq. or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the chairperson and secretary
of the Board. In reviewing the application for development for a proposed
minor subdivision, the Board may accept a plat not in conformity with
N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses
to file the minor subdivision as provided herein by plat rather than
deed such plat shall conform with the provisions of the said act.
Prior to filing the plat, all legal requirements for dedication of
public facilities shall be completed.
J.
Extensions.
(1)
The Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed pursuant to this chapter
if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities; and
(b)
That the developer applied promptly for and
diligently pursued the required approvals. The length of the extension
shall be equal to the period of delay caused by the wait for the required
approvals, as determined by the Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
(2)
The Board shall grant an extension of minor subdivision
or site plan approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays of obtaining
legally required approvals from other governmental agencies and that
the developer applied promptly for and diligently pursued the required
approvals. The developer shall apply for the extension before what
would otherwise be the expiration date of minor subdivision or site
plan approval; or the 91st day after the developer receives the first
legally required approval from other governmental entities, whichever
occurs later.
K.
Distribution of copies. A copy of the recorded plat
or a copy of the recorded deed or in the case of site plan approval,
a copy of the approved site plan and eight paper copies, shall be
filed with the Board Secretary of the appropriate Board. The Board
Secretary shall distribute copies of the plat, deed or plan to the
following:
L.
Lands resulting from minor subdivisions. No subdivider
or owner shall be entitled to approval of a minor subdivision for
any land which has been subdivided as a minor subdivision within 48
months immediately preceding the subdivision application.
A.
Application. A total of 20 prints of the preliminary
plat together with 20 completed application forms for preliminary
approval shall be submitted to the Municipal Clerk three weeks prior
to the Planning Board meeting at which consideration is desired. At
the time of filing, the required application fee shall be paid to
the Planning Board Secretary.
B.
Submission requirements.
(2)
The applicant shall forward copies of the plat or
site plan to the following for review and comment, where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Borough Engineer.
(c)
Borough Board of Health.
(d)
Construction Official/Zoning Officer.
(e)
Environmental Commission.
(f)
Bergen County Planning Board.
(g)
Bergen County Soil Conservation District.
(h)
Borough Historic Preservation Commission.
(i)
Fair Lawn Main Street, Inc.
[Added 11-24-2009 by Ord. No. 2168-2009; amended 2-7-2023 by Ord. No. 2647-2023]
(k)
Borough Economic Development Corporation.
[Added 11-24-2009 by Ord. No. 2168-2009]
(l)
Borough Shade Tree Advisory Committee.
[Added 11-24-2009 by Ord. No. 2168-2009]
(m)
Borough Fire Board Representative.
[Added 11-24-2009 by Ord. No. 2168-2009]
(n)
Borough Police Department – Traffic Division.
[Added 11-24-2009 by Ord. No. 2168-2009]
(3)
The Board shall also have the authority to refer any
plat to other agencies or individuals for comment or recommendations.
C.
Exhibits required. A written statement from the applicant
indicating:
D.
Review. The officials and agencies cited above shall
forward their comments and recommendations in writing to the Board
within 30 days from the receipt of the plat.
E.
Notice of public hearing. At the time when the Board
considers the application and determines that the application is complete
and ready for public hearing, the Board shall set a date for the public
hearing and notify the applicant of said date. After such notification
by the Board, the applicant shall follow the procedures established
in this chapter with respect to the notice of hearing.
F.
Revisions. The Board may require the filing of an
amended application which shall proceed as in the case of the original
application for development. The time within which the Board shall
review the amended application and make its determination shall commence
as of the date filing of the amended plat. If the applicant fails
to submit an amended application within the original time for review
authorized by this chapter, the Board shall be obligated to act on
the original application. If, at the discretion of the Board, the
change or changes are considered minor in nature, the applicant may
be given approval subject to the submission of an amended plan indicating
the changes.
G.
Other required approvals.
(1)
If a Board disapproves a subdivision plat, the reasons
for disapproval shall be returned with the plat.
(2)
Before preliminary approval is granted for any plat
involving a proposed extension of any sanitary sewer system, the Borough
Council shall first authorize the sewer extension by resolution.
(3)
If the Board approves a plat conditioned upon County
Planning Board approval or that of any other governmental agency,
officer or public body and in meeting any conditions of County Planning
Board or other governmental agency approval there is a substantial
change in the design, access, circulation, drainage or improvement,
the revised plat shall be resubmitted to the Borough.
H.
Action.
(1)
Subdivisions.
(a)
The Board shall approve, conditionally approve
or deny a preliminary major subdivision application of 10 lots or
less within 45 days after the application is certified complete unless
the applicant shall extend the period of time within which the Board
may act.
(b)
The Board shall approve, conditionally approve
or deny the preliminary major subdivision application of more than
10 lots within 95 days after the application is certified complete
unless the applicant shall extend the period of time within which
the Board may act.
(c)
If a preliminary subdivision application is
being considered by the Zoning Board of Adjustment simultaneously
with an application for a use variance, the Zoning Board of Adjustment
shall act on the application within 120 days after the application
is certified complete unless the applicant shall extend the period
of time within which the Board may act.
(d)
Failure of the Board to act within the time
prescribed shall constitute preliminary major approval and a certificate
of the Board Chairman as to the failure of the Board to act shall
be issued on request of the Applicant. Said certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required and shall be accepted by the county recording officer for
purposes of filing subdivision plats. The Board shall include findings
of fact and conclusions based on the testimony and documentary evidence
submitted and shall reduce their determination to writing in accordance
with law.
(2)
Site plans.
(a)
The Board shall approve, conditionally approve
or deny the preliminary major site plan which involves 10 acres of
land or less or 10 dwelling units or less within 45 days after the
application is certified complete unless the applicant shall extend
the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve
or deny the preliminary major site plan of more than 10 acres or more
than 10 dwelling units within 95 days after the application is certified
complete unless the applicant shall extend the period of time within
which the Board may act.
(c)
If a preliminary site plan application is being
considered by the Zoning Board of Adjustment simultaneously with an
application for a use variance, the Zoning Board of Adjustment shall
act on all aspects of the application within 120 days after the application
has been certified complete unless the applicant shall extend the
period of time within which the Board may act.
(d)
Failure of the Board to act within the time
prescribed shall constitute preliminary major site plan approval and
a certificate of the Board Chairman as to the failure of the Board
to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of a written endorsement or other evidence
of approval herein required.
(3)
Where the remaining portion of the original tract
is sufficient to be subdivided or further developed, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate that the proposed subdivision or development,
together with such subsequent subdivision(s) or development(s) as
may be submitted in the future, is feasible. Any requirements under
this subsection shall be limited to those that will prevent the proposed
development from causing any reasonably avoidable damage to any adjacent
property or any environmental resource.
(4)
If the Board acts favorably on the preliminary plat
or plan, the Chair and Secretary of the Board (or, where either or
both may be absent, the Acting Chair or Secretary) shall affix their
signatures to at least 10 copies of the plat or plan with the notification
that it has been approved.
(5)
Should minor revisions or additions to the plan be
deemed necessary, the Board may grant preliminary approval subject
to specified conditions and receipt of revised plans within 30 days
from the date of said approval. Should major revisions be deemed necessary,
the Board shall require that an amended plan be submitted and acted
upon as in the case of the original application for preliminary approval.
(6)
If the Board, after consideration and discussion of
the preliminary plat or plan, denies the application, a notation shall
be made by the Chair of the Board to that effect on the plat or plan
and a resolution adopted setting forth the reasons for such rejection.
One copy of the plat or plan and said resolution shall be returned
to the applicant within 10 days of such determination.
I.
Effect of preliminary approval of major subdivision
and site plans.
(1)
If the Planning Board or Board of Adjustment approves
the preliminary plat, it shall make a notation to that effect and
a resolution shall be adopted setting forth the approval and any conditions
of approval.
(2)
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection I(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including,
but not limited to, use requirements; layout and design standards
for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract
improvements; and in the case of a site plan, any requirements peculiar
to site plan approval pursuant to N.J.S.A. 40:55D-41, except that
nothing herein shall be construed to prevent the Borough from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety.
(b)
That the applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(c)
That the applicant may apply for and the Board
may grant extension on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design and improvement standards have been revised
by ordinance, such revised standards may govern.
(d)
In the case of a subdivision of or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection I(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration:
[1]
The number of dwelling units and nonresidential
floor area permissible under preliminary approval;
[2]
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
[3]
Economic conditions; and
[4]
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
(e)
Whenever the Board grants an extension of preliminary
approval pursuant to Subsection I(c) or (d) above and preliminary
approval has expired before the date on which the extension was granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for an extension either before or after
what would otherwise be the expiration date.
(f)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection I(2)(c) or (d) above.
(3)
Where the developer seeks to commence construction
of the project prior to final approval, the developer shall submit
the engineering plans and specifications for the improvements to the
Borough Engineer who shall approve or deny them within 35 days. In
the event of a denial, the specific reasons shall be forwarded to
the applicant by the Borough Engineer. If revised plans are submitted
in response to a denial letter, they shall be approved or denied within
20 days with the same requirements as previously imposed for the denial.
After the plans have been approved by the Board, the developer shall
comply with the requirements of the performance guaranties of this
chapter. All of the above shall be verified by the Borough Engineer
at a preconstruction meeting. Thereafter, the developer may commence
construction of the project prior to final approval.
J.
Compliance with site plan approval.
(1)
All proposed improvements or development indicated
on the approved site plan map shall meet the requirements of all applicable
codes, ordinances and specifications of the Borough, county, state
or federal governments and other agencies with jurisdiction over matters
pertaining to site development.
(2)
The Construction Official and/or the Borough Engineer
may authorize minor variations in the site plan caused by field conditions
and shall notify the Board of such variations.
K.
Revocation of construction permit. In the event of
a failure to comply with any condition of the preliminary site plan
approval, the Construction Official or Borough Engineer, on his or
her own initiative, may revoke the construction permit and seek to
enjoin the violation or take such other steps as permitted by law.
L.
Signatures required. If the Board favorably acts on
a preliminary plat or plan, the Chairperson and the Secretary of the
Board shall affix their signatures to the plat or plan with a notation
that it has received preliminary approval and shall return same to
the applicant for compliance with final approval requirements. Where
conditional approval is granted, the Chairperson and the Secretary
of the Board shall not affix their signatures to the plat until all
conditions required for approval have been complied with.
M.
Distribution of approved preliminary major subdivision
and site plans. The applicant shall provide the Board Secretary with
eight copies of the approved preliminary plat, which shall be distributed
as follows and where appropriate:
N.
No application for final approval of any preliminary
approval granted pursuant to the procedures set forth hereinabove
will be accepted unless it is submitted within three years (plus extensions)
of the grant of preliminary approval to a site plan or major subdivision.
[Added 6-15-2004 by Ord. No. 1980-2004]
A.
Application.
(1)
Submission of final plat of major subdivision. A total
of 20 prints and 20 copies of the completed application form shall
be submitted to the Planning Board Secretary for forwarding to the
Planning Board for final approval within three years from the date
of preliminary approval. The Planning Board shall act upon the final
plat within 45 days after the date of submission for final approval
to the Planning Board Secretary.
(2)
Submission of final site plan. (Reserved)
B.
Submission requirements.
(2)
The applicant shall forward copies of the plan or
plat to the following officials for review and comment where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Borough Engineer.
(c)
Borough Board of Health.
(d)
Tax Assessor.
(e)
Construction Official/Zoning Officer.
(f)
Environmental Commission.
(g)
Bergen County Planning Board.
(h)
Bergen County Soil Conservation District.
(i)
Fair Lawn Main Street, Inc.
[Added 11-24-2009 by Ord. No. 2168-2009; amended 2-7-2023 by Ord. No. 2647-2023]
(k)
Borough Economic Development Corporation.
[Added 11-24-2009 by Ord. No. 2168-2009]
(l)
Borough Shade Tree Advisory Committee.
[Added 11-24-2009 by Ord. No. 2168-2009]
(m)
Borough Fire Board Representative.
[Added 11-24-2009 by Ord. No. 2168-2009]
(n)
Borough Historic Preservation Commission.
[Added 11-24-2009 by Ord. No. 2168-2009]
(o)
Police Department – Traffic Division.
[Added 11-24-2009 by Ord. No. 2168-2009]
(3)
The Board shall also have the authority to refer any
plan or plat to other agencies or individuals for comment or recommendations.
C.
Exhibits required.
(1)
Unless the preliminary subdivision plat or site plan
was approved without changes, the final plat or plan shall have incorporated
all changes, modifications and conditions required by the Planning
Board as part of preliminary approval.
(2)
The final plat shall be accompanied by a statement
from the Borough Engineer that the municipality is in receipt of the
following:
(a)
A map showing all utilities in exact location
and elevation, identifying those portions already installed and those
to be installed.
(b)
That the applicant has either completed the
installation of all improvements in accordance with the requirements
of this chapter or posted with the Municipal Clerk a performance guaranty
in an amount sufficient to cover the cost of all improvements as required
by this chapter or uncompleted portions thereof, as estimated by the
Borough Engineer and assuring the installation of such improvements
on or before an agreed date.
(c)
That all times and amounts required for the
maintenance guaranty have been provided.
(d)
That the final plat conforms to the preliminary
plat as submitted and approved with changes as noted in an affidavit
from applicant.
(e)
That all items required by the checklist for
final approval have been provided.
D.
Review. The officials and agencies shall forward their
comments and recommendations in writing to the Board within 30 days
from the receipt of the final plat or site plan.
E.
Revisions. The Board may require the filing of an
amended application which shall proceed as in the case of the original
application for development. The time within which the Board shall
review the amended application and make its determination shall commence
as of the date of the filing of the amended plat. If the applicant
fails to submit an amended application within the original time for
review authorized by this chapter, the Board shall be obligated to
act on the original application. If, at the discretion of the Board,
the change or changes are considered minor in nature, the applicant
may be given approval subject to the submission of an amended plan
indicating the changes.
F.
Final approval of site plans and major subdivisions.
(1)
The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions for preliminary approval, and, in the case
of a major subdivision, the standards prescribed in the Map Filing
Law, P.L. 1960, c. 141.[2] In the case of a planned unit development, planned unit
residential development or residential cluster, the Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the period prescribed shall constitute final approval
and a certificate of the Board Chairman as to the failure of the Board
to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and, in the case of subdivision plans,
shall be so accepted by the county recording officer for purposes
of filing.
(3)
Whenever review or approval of the application by
the County Planning Board is required, the Board shall condition its
approval upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
G.
Effect of final approval of site plan or major subdivision.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date on which the resolution of final approval
was adopted; provided that in the case of major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the required time period. If the developer has followed
the standards prescribed for final approval and has duly recorded
the plat with the county recording officer, the Board may extend such
period of protection for extensions of one year but not to exceed
three extensions. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval pursuant to this article.
(2)
Extension of time.
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection G(1) above for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply for thereafter and the
Board may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Board to be
reasonable taking into consideration the following:
(3)
Whenever Board grants any extension of final approval
and final 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 developer may apply for the extension either
before or after what would otherwise be the extension date.
(4)
The Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for an extension before what would otherwise be the expiration date
of final approval or the 91st day after the developer receives the
last legally required approval from other governmental entities, whichever
occurs later. An extension granted pursuant to this section shall
not preclude the Board from granting an extension pursuant to Section
A or B above.
H.
Improvement guaranties required; surety; release. Before recording final subdivision plats or as a condition of final site plan approval, the Board shall require and shall accept, for the purpose of assuring the installation and maintenance of on-tract public improvements and landscaping, performance maintenance and other guaranties in accordance with N.J.S.A. 40:55D-53 of the Municipal Land Use Law and Article VIII of this chapter.
I.
Recording of final subdivision approval.
(1)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Board may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Board that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Board. The developer may apply for an extension
either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by
the county recording officer until it has been approved by the Board
as indicated on the instrument by the signature of the Chairperson
and Secretary of the Board. The signatures of the Chairperson and
Secretary of the Board shall not be affixed until the developer has
posted the guaranties required by this chapter. If the county records
any plat without such approval, such recording shall be deemed null
and void and upon request of the municipality, the plat shall be expunged
from the official records.
(3)
If shall be the duty of the county recording officer
to notify the Board in writing within seven days of the filing of
any plat, identifying such instrument by its title, date of filing
and official number.
J.
Compliance with final site plan approval.
(1)
All proposed improvements or development indicated
on the approved site plan map shall meet the requirements of all applicable
codes, ordinances and specifications of the Borough, county, state
of federal governments and other agencies with jurisdiction over matters
pertaining to site development.
(2)
The Construction Official and/or the Borough Engineer
may authorize minor variations in the final site plan caused by field
conditions and shall notify the Board of such variations.
K.
As-built plans. At such times as all utilities and
public improvements have been installed and constructed, reproducible
as-built plans for such utilities and public improvements shall be
filed with the Borough Engineer. Public improvements shall not be
accepted by the Borough until such plans are presented and approved
by the Borough Engineer. An as-built site plan of the development
shall be submitted to the Borough Engineer prior to the issuance of
a final certificate of occupancy.
L.
Notification to Tax Assessor of municipality. Upon
the filing of a plat showing the subdivision or resubdivision of land,
the county recording officer shall send a copy of such notification
to the Borough Tax Assessor at the same time that notification is
given to the Borough Board pursuant to N.J.S.A. 40:55D-54.
M.
Signatures required. If the Board favorably acts on
a final plat or plan, the Chairperson and the Secretary of the Board
shall affix their signatures to the plat or plan with a notation that
it has received final approval and shall return same to the applicant
for compliance with final approval requirements.
N.
Distribution of approved plat. After the approval
or denial of a final major subdivision or site plan, the applicant
shall provide seven copies of the signed plat and/or resolution of
memorialization and shall be distributed as follows, where appropriate:
O.
Issuance of certificate of occupancy. The issuance
of a certificate of occupancy for any residence within a major subdivision
shall be accompanied by a statement from the Borough Engineer that
all public improvements affecting the residence in question have been
installed and a statement from the Borough Attorney that all required
deeds of dedication have been reviewed and approved.
P.
Final approval of major subdivisions and site plans
shall expire if no construction, alteration or conversion of the site
has commenced within two years plus one day from the date of final
approval.
(Reserved)
No application for development shall be deemed
complete unless the following items, information and documentation
are submitted to the approving Board:
A.
Conceptual Plan Checklist and Application.
B.
Minor Subdivision Checklist.
C.
Minor Site Plan Checklist.
D.
Major Subdivision — Preliminary &
Final Checklist.
E.
Major Site Plan — Preliminary &
Final Checklist.
F.
Environmental Impact Preliminary Statement.
H.
Contribution disclosure statements.
[Added 4-25-2006 by Ord. No. 2050-2006
(1)
Purpose. The purpose of this Subsection H is to enhance the Borough's commitment to openness in government and to provide guarantees for fair and impartial land development applications by requiring disclosure of reportable political contributions made by property owners, developers and professionals engaged in the process.
(2)
CHECKLIST
CONTRIBUTION
CONTRIBUTION DISCLOSURE STATEMENT
DEVELOPER
MUNICIPAL AGENCY
PROFESSIONAL
Definitions. The following terms shall have the meanings
indicated:
The list of submission requirements adopted by ordinance
and as per N.J.S.A. 40:55D-10.3.
Reportable political contributions of more than $300 (reportable
as per N.J.S.A. 19:44A-20.26) made within the 12 months preceding
submission of an application for development; provided, however, such
contributions are limited to those made to or on behalf of any candidate,
candidate committee, joint candidates committee, political committee,
continuing political committee or political party committee of, and
only pertaining to, campaigns for elected offices in the Borough of
Fair Lawn and/or campaigns for elected offices in the County of Bergen,
and further including political action committees (PACs) that are
organized for the purpose of promoting or supporting such candidacies.
A list specifying the amount, date and recipient of any relevant
contributions.
The legal or beneficial owner or owners of land proposed
to be included in a proposed development, including the holder of
an option or contract to purchase, or any other person having an enforceable
proprietary interest in such land.
The Borough Planning Board and Zoning Board of Adjustment
of the Borough of Fair Lawn.
Any person required to be licensed by the State of New Jersey
and who is engaged to furnish legal representation, expert testimony
or written reports in support of certain applications for development
(as defined in N.J.S.A. 40:55D-3). Professionals shall include both
any individuals supplying the representation, testimony or reports
and the firms and principal partners, members or officers of those
entities in which said individuals practice.
(3)
General provisions.
(a)
Disclosure requirements.
[1]
Any application before a municipal agency involving
any development other than single-family residential or a minor subdivision
that would create single-family residential lots shall include contribution
disclosure statements setting forth the information hereinafter required.
Contribution disclosure statements shall be executed under oath by
the developer; all associates of the developer who would be subject
to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and
all professionals engaged in the application process on behalf of
the developer.
[2]
During the pendency of the application process until final approval(s) associated with the application is granted, any person or entity required to comply with this Subsection H shall amend its contribution disclosure statement to include continuing disclosure of all contributions within the scope of the disclosure requirement of the above subsection.
(b)
Inclusion of contribution disclosure statements
as an element of all checklists within the Borough of Fair Lawn.
[1]
All checklists established pursuant to N.J.S.A. 40:55D-10.3, including but not limited to those referenced in § 125-70, Checklists, of the Borough Code, shall include contribution disclosure statements, as required herein.
[Amended 10-24-2006 by Ord. No. 2064-2006]
[2]
Each municipal agency shall amend and supplement
its checklists to include the requirement of a contribution disclosure
statement as specified herein.
[3]
An application shall not be deemed complete
by the administrative official or accepted for public hearing by the
municipal agency until required contribution disclosure statements
are submitted.
(c)
Availability of contribution disclosure statements.
All contribution disclosure statements shall be available in the office
of the administrative officer for review by any member of the public.
(d)
Contribution disclosure statements not evidentiary. It is the intent of this Subsection H that contribution disclosure statements shall serve solely as a means to inform the public and shall not serve in any manner as evidence relevant to the decision-making criteria for granting or denying requested reviews and approvals by a municipal agency. Such decisions shall continue to be governed strictly under the relevant criteria set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or other relevant law.
[1]
Editor's Note: All checklists are included
at the end of this chapter.
