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.
A.
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 may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
shall be held on notice to the Board's members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum present.
D.
All actions shall be taken by majority vote of a quorum,
except as otherwise required by any provision of c. 291, P.L. 1975.
E.
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 requirements of the Open Public Meetings Law,
c. 231, P.L. 1975.
F.
The intent of this section is to create a fee structure
for special meetings for the Zoning and Planning Board to cover additional
costs associated with the attendance at the special meetings. The
fees to be charged shall be $3,000 for each special meeting. This
fee is in addition to all other fees customarily charged for Zoning
and Planning Board applications.
[Added 6-6-2006 by Ord. No. 13-2006]
G.
Fees for meetings.
[Added 6-6-2006 by Ord. No. 13-2006]
(1)
Special Planning Board or Zoning Board of Adjustment
meetings: Any applicant may request that a special meeting of a Board
be scheduled and devoted exclusively to a single application. Such
meeting shall be scheduled upon request of the applicant and at the
discretion of either the Board Chairperson or his/her designee. Such
special meeting shall be of no more than a three-hour duration. The
fee for such meeting shall be $3,000. The said fee must be paid prior
to the scheduling of the meeting.
(2)
Remission of fees: The fees set forth in the aforementioned
schedules are exclusive of any other charges which may be required
by the City to cover the costs of the furnishings of copies, ordinances,
list of property owners, or transcripts, or the inspection of building
or improvements in conjunction with the issuance of construction permits
or certificate of occupancy. Each board member that attends a special
meeting shall be paid $150 per meeting; except, however, any councilman
or councilwoman serving on the Board shall not be compensated for
his or her time.
[Amended 9-15-1980 by Ord. No. 25-80]
A.
Minutes and/or resolutions of every regular or special
meeting shall be kept and shall include the names of any persons appearing
and addressing the Board and of the persons appearing by attorney;
the action taken by the Board; and the findings, if any, made by it
and reasons therefor. The minutes and/or resolutions 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 and/or resolutions
for use as evidence in any legal proceeding concerning the subject
matter of such minutes and/or resolutions.
B.
Fees for copies.
[Amended 10-19-1981 by Ord. No. 38-81]
[Amended 4-15-2002 by Ord. No. 8-2002]
A.
Fees for applications or for the rendering of any
service by the Planning Board or Zoning Board of Adjustment or any
member of their administrative staffs which are not otherwise provided
by ordinance may be provided for and adopted as part of the rules
of the Board and copies of said rules or of the separate fee schedule
shall be available to the public.
B.
When, in the course of review of an application for
development which includes site plan review and approval and/or approval
of a subdivision, the Planning Board or the Zoning Board of Adjustment
deems it necessary and appropriate to retain the professional services
of outside consultants for the review of applications, review and
preparation of documents, inspections of developments under construction
or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq.,
the applicant shall be responsible for the reimbursement to the City
of Hackensack for such professional charges. If said reimbursement
is not made within a reasonable time, work on the development or the
application shall cease until such reimbursement is made.
C.
Fee schedule for land use applications.
[Added 12-20-2004 by Ord. No. 14-2004; amended 2-7-2005 by Ord. No. 1-2005; 7-8-2008 by Ord. No. 14-2008; 10-16-2012 by Ord. No.
25-2012]
(1)
Application fees.
(a)
Appeals under N.J.S.A. 40:55D-70a: $500.
(b)
Interpretations under N.J.S.A. 40:55D-70b: $500.
(c)
Variances.
[1]
Applications filed pursuant to N.J.S.A. 40:55D-70c in connection
with a variance on property to be used for one- and two-family use:
$100 per variance.
[2]
Applications filed pursuant to N.J.S.A. 40:55D-70c for a variance
on property to be used for all other uses: $350 per variance.
[3]
Applications filed pursuant to N.J.S.A. 40:55D-70d: $1,500 per
variance.
(2)
(3)
Initial escrow deposits for site plans or variances.
|
Item
|
Fee
|
|---|---|
|
Residential Site Plan
| |
|
Variance without site plan or subdivision (1- to
2-unit detached houses exempted)
|
$750
|
|
0 to 10 units
|
$3,500
|
|
11 to 25 units
|
$5,000
|
|
26 to 100 units
|
$7,500
|
|
100 to 200 units
|
$10,000
|
|
200 units or more
|
$12,500
|
|
Nonresidential
|
Fee
|
|---|---|
|
Variance without site plan or subdivision
|
$2,000
|
|
<1,250 square feet total floor area
|
$2,000
|
|
1,250 square feet to 20,000 square feet total floor
area
|
$4,000
|
|
20,000 square feet to 40,000 square feet total floor
area
|
$6,000
|
|
>40,000 square feet total floor area
|
$8,000
|
|
Subdivision
| |
|
Minor
|
$2,000
|
|
Major
|
$2,000
|
(4)
Zoning fees; miscellaneous fees. The minimum fee for work covered
by the City Land Use Ordinance of $20 per $1,000 of estimated cost
of work, with a minimum fee of $60, shall be charged for the following
work:
[Amended 2-25-2020 by Ord. No. 06-2020]
(b)
Installation or replacement of a fence within the property boundaries.
(c)
Installation or replacement of a shed (accessory structure)
under 200 square feet.
(d)
Site improvements to any property or improvements to a site
as required by either the Planning Board or Zoning Board of Adjustment:
fee of $1,000 to cover the cost of periodic zoning inspections and
final approval by the Zoning Official.
(e)
Copy of Land Use Ordinance: $25.
(f)
Copy of Zoning Map: $10.
(g)
Copy of Board resolution (other than applicant): $25.
(h)
Zoning review, when not associated with a building or zoning
permit: $50.
(i)
List of property owners within 200 feet, public utilities, cable
television companies, and/or local utilities: $0.25 per name, with
minimum of $10.
D.
Land use forms, checklists and instructions. The forms, checklists and instructions found in Appendix A to Chapter 26[1] are provided for use by individuals or entities making
application to the Planning Board or Zoning Board of Adjustment. These
forms may be modified from the existing format for purposes of digitizing
same for ease of use as electronic forms, to make nonsubstantive typographical
corrections and to add room for the providing of complete responses
by the applicant.
[Added 10-16-2012 by Ord.
No. 25-2012]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Rules. The Planning Board and Zoning Board of Adjustment
shall make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, 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 the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate. A return receipt is not
required. Notice to a partnership owner may be made by service upon
any partner. Notice to corporate owner may be made by service upon
its president, vice president. secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 26-30B of this Article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road, shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Section 6b of c.
291, P.L. 1975.
G.
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.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing; the nature of the matters to be considered; 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 Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality, the Chief Building Inspector, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 26-30B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
shall include findings of fact and legal conclusions based thereon.
B.
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 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 Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
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 said
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 municipality will be adequately protected.
