The respective responsibilities of the Planning
Board and Zoning Board of Adjustment are as follows:
A. The Planning Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
B. The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment as set forth in Article
VI of this chapter.
C. The Zoning Board of Adjustment shall have the power to act in lieu of the Planning Board as set forth in Article
VI of this chapter.
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.
G. Checklist
for Variances. Annexed hereto is the Checklist for Variances.
[Added 10-24-2006 by Ord. No. 2064-2006]
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) Definitions. The following terms shall have the meanings
indicated:
CHECKLIST
The list of submission requirements adopted by ordinance
and as per N.J.S.A. 40:55D-10.3.
CONTRIBUTION
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.
DEVELOPER
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.
MUNICIPAL AGENCY
The Borough Planning Board and Zoning Board of Adjustment
of the Borough of Fair Lawn.
PROFESSIONAL
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.