No member of the Planning Board or Zoning Board of Adjustment shall
act on any matter in which he has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself from
acting on a particular matter, he shall not continue to sit with the Board
on the hearing of such matter nor participate in any discussion or decision
relating thereto.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by attorney, the action taken by the Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the office
of the Municipal 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 reproduction of the minutes for his use as provided for in the rules
of the Board.
The following schedule of fees is hereby adopted:
A. Any person requesting a reproduction of minutes of any
regular or special meeting shall pay to the municipality a fee in the amount
of $0.50 per page for the first 10 pages and $0.35 per page for all pages
in excess thereof.
B. All regular and special meetings shall be recorded electronically.
Any interested party may request a transcript or duplicate recording in lieu
thereof at said party's own cost and expense. Any person wishing a transcript
shall provide for a certified stenographer-reporter to prepare the transcript
and shall pay the reporter directly. Any person requesting a duplicate recording
shall present himself at the Municipal Building with adequate facilities to
make a duplicate recording and shall have the opportunity to make said duplicate
recording. If the time and assistance of the administrative officer or other
municipal officer or employee is required, a fee in the amount of $7.50 per
hour shall be paid to the municipality.
C. Any person other than an applicant who requests a copy
of a decision of a municipal agency shall pay a fee in the amount of $0.50
per page.
D. Any applicant wishing to made his own arrangements for
publication of a decision of a municipal agency shall so notify the agency
at the time of final hearing. In the absence of such notification, the municipality
shall provide for publication and the applicant shall reimburse the municipality
for the actual cost thereof.
E. An applicant shall reimburse the municipality for the
actual cost of publication pursuant to N.J.S.A. 40:55D-12a.
F. Whenever notice to property owners within 200 feet in
all directions of the property involved in an application is required and
the applicant requests a certified list of property owners from the administrative
officer, a fee shall be paid by the applicant of $10.
G. An appeal to the governing body of any decision of a
municipal agency shall be accompanied by a fee in the amount of $75, and the
person making the appeal shall furnish the governing body with a transcript
of the proceedings below, together with a copy of all documents and exhibits,
all at the sole cost and expense of the appellant. The transcript and the
documents shall be filed with the governing body at least seven days prior
to a scheduled hearing on an appeal.
H. Any interested party may obtain a copy of a decision
of the governing body on an appeal and the fee shall be $0.50 per page. The
appellant shall be mailed a copy of the decision without charge. An appellant
may make arrangements for publication of the decision if he has notified the
governing body of his intent at the time of the hearing; otherwise, the governing
body shall provide for publication and the appellant shall reimburse the municipality
for the actual cost of the publication.
I. The fee for an application for a permit pursuant to the
provisions of N.J.S.A. 40:55D-34 shall be $100.
J. The fee for an application pursuant to the provisions
of N.J.S.A. 40:55D-35 shall be $100.
K. The fee for an appeal pursuant to the provisions of N.J.S.A.
40:55D-36 shall be $50.
L. The fee for a minor subdivision application shall be
$100.
M. The fee for an application for a classification of subdivision
shall be $50.
N. The fee for preliminary approval of a major subdivision
shall be $50 per lot.
O. The fee for final approval of a major subdivision shall
be $25 per lot.
P. The fee for site plan approval shall be $200.
Q. The fee for providing a certificate pursuant to N.J.S.A.
40:55D-56 shall be in the maximum amount permitted by N.J.S.A. 54:5-14 and
54:5-15, as it shall be amended from time to time.
R. In any case in which the appellant requests the Planning
Board to use its ancillary powers pursuant to N.J.S.A. 45:65D-60, the application
shall be accompanied by fees which would be charged under the authority of
this chapter by the Board of Adjustment if the application had been made to
the Board of Adjustment. Such fees shall be in addition to the fees provided
by this chapter for the principal relief requested in the application.
S. The fee for an application to the Board of Adjustment
for a variance in connection with a residential use shall be $150 and for
a commercial or industrial use, $200.
T. The fee for an appeal to the Board of Adjustment from the decision or refusal made by an administrative officer based on or made in the enforcement of Chapter
405, Zoning, shall be $100.
U. An appeal to the Board of Adjustment to hear and decide requests for interpretation of the Zoning Map or Chapter
405, Zoning, shall be $75.
V. The fee for an application to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-76b shall be the same as the fee the Planning
Board would charge if the application had been made to the Planning Board.
Such fee shall be in addition to the fees provided by this chapter for the
principal relief requested in the application.
W. The fee for an application for a sign variance shall
be $50.
X. The fee for updating the Tax Map of the Borough of Haledon
shall be $100 for any necessary changes required.
[Added 5-9-1990 by Ord. No. 4-11-90B]
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 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 a corporate owner may be made by service upon its president, a vice
president, secretary or other person authorized by appointment or by law to
accept service on behalf of the corporation.
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 Subsection
B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given 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 a 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 § 6b of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10b).
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, an 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 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 §
33-29B of this chapter.
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 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 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.