No member of the Planning Board or the Zoning
Board of Adjustment shall act on any matter in which he or she has,
either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself or herself from
acting on a particular matter, he or she shall not continue to sit
with the Board on the hearing of such matter nor participate in any
discussion or decision relating thereto.
A.
Regular meetings. Meetings of both the Planning Board
and the Zoning Board of Adjustment shall be scheduled no less often
than once a month, and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
B.
Special meetings. Special meetings may be provided
for at the call of the Chairperson or on the request of any two Board
members. Such shall be held on notice to its members and the public
in accordance with all applicable legal requirements.
C.
Quorum required. No action shall be taken at any meeting
without a quorum being present.
D.
Majority vote. All action shall be taken by majority vote of the members present at the meeting, except as otherwise required by a provision of N.J.S.A. 40:55D-1 et seq. The failure of a motion to receive a number of votes required to approve an application for development pursuant to § 23-22D of this chapter and N.J.S.A. 40:55D-34 shall be deemed an action denying the application.
E.
Meetings to be open to the public. All regular meetings
and all special meetings shall be open to the public. Notice of all
such meetings shall be given in accordance with the Open Public Meetings
Law, N.J.S.A. 10:4-1 et seq. An executive session for the purpose
of discussing and studying any matters to come before either Board
shall not be deemed a regular or special meeting in accordance with
the provisions of N.J.S.A. 40:55D-9.
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
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 the reproduction of the minutes for his or
her use as provided for in the rules of the Board.
[Amended 9-28-1997 by Ord. No. 1291]
Fees for application or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staff shall be set in the Borough
fee schedule, and copies of said fee schedule shall be available to
the public.
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
B.
Oaths; subpoenas for witnesses. The officer presiding
at the hearing or such person as he or she may designate shall have
the power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence, including witnesses
and documents presented by the parties, and the provisions of the
County and Municipal Investigations Law, P.L. 1953, c. 1938, 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 or evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either a stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
or her expense.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A.
Public notice. Public notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
B.
Notice to adjacent property owners. 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 to the property owner shown on said
current tax duplicate or his or her agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his or her 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, vice
president, secretary or other personnel 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 to adjoining municipality. 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. Such 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 municipalities which are located within 200 feet of the subject premises.
D.
Notice to County Planning Board. 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 to the Commissioner of Transportation. 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 to the State Planning Commission. Notice shall
be given by personal service or certified mail 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 Municipal
Clerk pursuant to N.J.S.A. 40:55D-1 et seq.
[Amended 9-28-1997 by Ord. No. 1291]
G.
Proof of service. 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.
H.
Completion upon mailing. Any notice made by certified
mail as hereinabove required shall be deemed to be completed 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:
(1)
The date, time and place of the hearing.
(2)
The nature of the matters to be considered.
(3)
The 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.
(4)
The location and times at which any maps and documents
for which approval is sought are available as required by law.
J.
Notice to utility companies. Notice of hearings on
applications for approval of a major subdivision or a site plan not
defined as a minor site plan under the Municipal Land Use Law[1] requiring public notice pursuant to N.J.S.A. 40:55D-12a
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 and which has registered with the Borough in accordance
with N.J.S.A. 40:55D-12.1, by:
[Added 9-28-1997 by Ord. No. 1291]
(1)
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
(2)
Mailing a copy thereof by certified mail to the person
whose name appears on the registration form at the address shown on
that form.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 9-28-1997 by Ord. No. 1291]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the Borough, namely the Code Enforcement Officer, shall within seven days after receipt of a request therefor and upon receipt of payment of a fee as provided in Chapter 101, Fees, 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 § 23-30B of this chapter. In addition, the administrative officer shall include on the list the names and 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 N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding.
A.
Resolution of the Board. The Board shall include findings
of fact and conclusions based upon each decision of any application
for development and shall reduce the decision in writing. The Board
shall provide the findings and conclusions through:
(2)
A memorialized resolution adopted at a meeting held
not later than 45 days after the date of the meeting in which the
Board voted to grant or deny approval. Only the members of the Board
who voted on the action taken may vote on the memorialized resolution,
and the vote of the 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 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 memorialized 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-10h
and i. If the 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 Board to reduce
its findings and conclusions to writing within a stated time, and
the cost of the application, including attorneys' fees, shall be assessed
against the Borough.
B.
Copies of the decision. A copy of the decision shall
be mailed by the Board within 10 days of the date of the decision
to the applicant or, if represented, then to his or her attorney,
without separate charge. A copy of the decision shall also be mailed
to all persons who have requested it and who have paid the fee prescribed
by the Board for such service. A copy of the decision shall also be
filed in the office of the Borough Clerk, who shall make a copy of
such filed decision available to any interested party upon payment
of a fee calculated in the same manner as those established for copies
of other public documents in the Borough.
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, without separate charge to
the applicant. Such 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 N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the 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 such 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.
A.
Completion of application for development. An application
of development shall be complete for purposes of commencing the applicable
time period of action by a municipal agency when so certified by the
municipal agency or authorized committee or designee. In the event
that the agency 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 applicants, or unless the municipal agency or 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 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 or she is entitled to
approval of the application. The municipal agency may subsequently
require the correction of any information found in error and the submission
of additional information not specified in the ordinance or any revisions
in the accompanying document as are reasonably necessary to make an
informed decision as to whether the requirements necessary for 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
municipal agency.
B.
Development application checklists.
(1)
General requirements. No application for development
shall be certified as complete for the purpose of commencing the applicable
time period for action by the Planning Board or the Zoning Board of
Adjustment unless the material required by the following schedules
has been submitted:
(a)
Schedule A, General Requirements:
[1]
Application fees.
[2]
Three copies of the appropriate application
form completed in its entirety. Those items not applicable must be
so indicated on the form.
[3]
Proof that no taxes are due or delinquent on
the property in question.
[4]
Proof of notice to property owners, as required
within this chapter, 10 days prior to the public hearing date.
[5]
Proof of newspaper published notice, as required
within this chapter, 10 days prior to the public hearing date.
[6]
A list of stockholders owning 10% or more of
stock (or ten-percent interest) in the corporation; a list of all
partners owning ten-percent or more interest in the partnership, where
applicable.
[7]
Written request for waivers of checklist items.
[8]
Environmental impact statement, when applicable.
[9]
Landscape plan. A landscape plan shall be submitted or included on
the construction site plan indicating the location of existing trees
(including any removed in the last 12 months) and location sites for
replacement trees. In lieu of replacement trees, an agreement may
be reached with the Shade Tree Advisory Committee for donation to
the Glen Rock Tree Trust for planting on public lands.
[Added 7-29-2015 by Ord.
No. 1720]
[10]
Trees and shrubs. Prior to work on construction or demolition, contractors or homeowners must submit a statement that they have read and have knowledge of the Glen Rock Municipal Code entitled “Trees and Shrubs on Public/Private Property,” Chapter 208, Ordinance Number 819.
[Added 7-29-2015 by Ord.
No. 1720]
(b)
Schedule B, Application to the Zoning Board
of Adjustment for a C-Bulk or D-Use Variance Where Subdivision or
Site Plan Approval is Not Required:
(c)
Schedule C, Application for Minor Subdivision:
(d)
Schedule D, Application for Preliminary Site
Plan or Major Subdivision:
[3]
Proof that copies of the proposed plans were
submitted to the:
[a]
Borough Engineer.
[b]
Board of Health.
[c]
Chief of Police.
[d]
Division of Public Works.
[e]
Fire Prevention Bureau.
[f]
Shade Tree Advisory Committee.
[Amended 9-28-1997 by Ord. No. 1291]
[g]
Construction Code Official.
[Amended 9-28-1997 by Ord. No. 1291]
[h]
Borough Planner.
[Added 1-23-2002 by Ord. No. 1396]
[i]
Borough Zoning Officer.
[Added 5-25-2005 by Ord. No. 1501]
(e)
Schedule E, Application for Final Approval of
Site Plan or Major Subdivision:
[2]
Original cloth tracing and five prints of the
approved preliminary plat.
[3]
Developer's agreement.
[4]
Performance guaranty.
[5]
Maintenance guaranty.
[6]
Deeds for any easements, rights-of-way or public
lands.
[7]
Escrow funds.
[8]
County Planning Board approval.
[9]
County soil erosion and sediment control plan
approval.
