No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which be 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.
[Added 12-19-1991 by Ord. No. 21-91]
If either the Planning Board or the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 (in the case of the Planning Board) or by N.J.S.A. 40:55D-69 (in the case of the Board of Adjustment) from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment, or Class IV members of the Planning Board, as the case may be, shall be called upon to serve, for that matter only, as temporary members of the other board lacking a quorum in order of seniority of continuous service to the board on which they serve until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the chairman of the board from which the temporary members are drawn shall make the choice.
A. 
Meetings of both the Planning Board and 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 its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.
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, P.L. 1975, c. 231.[1] 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.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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; and the findings, if any, made by it and the 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 reproduction of the minutes for his use as provided for in the rules of the Board.
[Amended 10-19-78 by Ord. No. 11-78]
All applicants or appellants to the Planning Board or Board of Adjustment shall pay the following applicable fees:
A. 
Minor subdivision or resubdivision: $50 per lot, with a minimum of $150. If the details of the sketch plat submitted for minor subdivision are not in conformance with the plat detail requirements of § 176-9 of Chapter 176, Subdivision of Land and Site Plans, any revision required for compliance with these details shall be accompanied by a fee of $25 per lot.
[Amended 5-21-1981 by Ord. No. 6-81; 12-19-1991 by Ord. No. 21-91]
B. 
Major subdivision, preliminary plat: a basic fee of $200, plus $50 per lot.
[Amended 7-17-1980 by Ord. No. 8-80; 5-21-1981 by Ord. No. 6-81]
C. 
Major subdivision, final plat: $10 per lot, with a minimum of $200.
[Amended 7-17-1980 by Ord. No. 8-80; 5-21-1981 by Ord. No. 6-81]
D. 
Site plan.
[Amended 7-17-1980 by Ord. No. 8-80]
Type of Application
Filing Fee
Existing Uses:
All commercial and limited industrial not involving site grading
$75.00
Residential, existing plats requiring site grading review, per lot
$40.00
New Construction:
All commercial and limited industrial
$375.00
Multiple dwellings, per occupancy unit
$75.00
Resubmission for review to ensure compliance with Borough Code
$150.00
E. 
Inspection fee: 5% of estimated cost, as determined by the Planning Board Engineer, of all required improvements in a major subdivision or in a site plan. Engineering reinspection fees for site plans shall be $50. The inspection fee shall be used to reimburse the municipality for all reasonable inspections of improvements to be installed by the developer.
[Added 7-17-1980 by Ord. No. 8-80]
F. 
Board of Adjustment engineering consultation fee: If the Board of Adjustment shall determine that the services of the Borough Engineer are necessary to make a determination with respect to an application before it, the applicant shall bear the cost of the fee charged by the Borough Engineer to the Board of Adjustment for the review and analysis of the application and plans.
[Added 7-17-1980 by Ord. No. 8-80]
G. 
Sign approval: $20.
H. 
Business approval: $25.
I. 
Conditional use approval: $250 for any application for conditional use approval pursuant to Section 54 of P.L. 1975, c. 291.[1]
[Amended 4-16-1987 by Ord. No. 6-87]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
J. 
Variance pursuant to N.J.S.A. 40:55D-70(d). An applicant shall pay a fee of $750 for an application for a variance pursuant to N.J.S.A. 40:55D-70(d).
[Amended 4-16-1987 by Ord. No. 6-87; 5-15-2003 by Ord. No. 9-03]
K. 
Request other than a variance pursuant to N.J.S.A. 40:55D-70(d).
[Amended 4-16-1987 by Ord. No. 6-87; 5-15-2003 by Ord. No. 9-03; 5-19-2005 by Ord. No. 5-05; 9-17-2009 by Ord. No. 13-09]
(1) 
An applicant shall pay a fee of $250 for each variance sought pursuant to N.J.S.A. 40:55D-70(c), except as provided for below, or an appeal or request made pursuant to N.J.S.A. 40:55D-70(a) or (b). The maximum fee paid under this subsection for all Subsection (c) variances shall be $500.
(2) 
An applicant shall pay a fee of $50 for each variance sought for an accessory building of 100 square feet or less; or a central heating, ventilating, and air-conditioning (HVAC) unit. The maximum fee paid under this subsection shall be $100.
L. 
Expert testimony. In the event that the Planning Board or Board of Adjustment finds it necessary to obtain the advice or testimony of specialists or consultants in connection with an application, such specialists or consultants shall be compensated by the applicant as reasonably required by the Board. Advice or testimony of such consultant shall be given at the hearing with full right of cross-examination afforded to the applicant.
M. 
Escrow deposit.
[Added 2-19-1981 by Ord. No. 1-81; amended 12-19-1991 by Ord. No. 21-91; 12-21-1995 by Ord. No. 7-95]
(1) 
Escrow account. In addition to the required application fees established herein, the applicant shall be required to establish one or more escrow accounts with the Borough to cover the reasonable costs of professional review of applications for development, professional consultation required as a result of an application and preparation of documents such as, but not limited to, drafting resolutions and developer's agreements and review of documents, including but not limited to insurance certificates, performance and maintenance guaranties, deeds and necessary correspondence with the applicant or the applicant's professionals.
[Amended 2-20-1997 by Ord. No. 1-97]
(2) 
Professional services. Professional services shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to ensure that an application complies with the standards set forth in the Code and whose testimony may be solicited to give further information to the Borough or the approving authority in any area addressed by any of the applicant's experts.
(3) 
Escrow fees.
(a) 
Escrow shall be posted with the Borough by certified check or money order. Said escrow fees shall be required for applications for the following:
[1] 
Preliminary major subdivision approval.
[2] 
Final major subdivision approval.
[3] 
Conditional use approval.
[4] 
Site plan approval.
[5] 
Minor subdivision.
[6] 
A variance application determined by the Board of Adjustment to require professional review and consultation.
(b) 
If the applicant, at the Borough's request, is required to submit two revisions and submittals in addition to the original application, with the exception of an application for a minor subdivision, the applicant shall again deposit the initial amount for review as set forth in Subsection M(4) below after the second revision and submittal is filed.
(4) 
Initial amount required for review of applications.
(a) 
The amount for the review of applications for developments proposing a subdivision to be deposited in escrow shall be as follows:
Type of Development
Escrow Amount
Residential Development
0 to 25 units/lots
$500.00 plus $100.00 per unit or lot
26 to 100 units/lots
$500.00 plus $90.00 per unit or lot
101 and above units/lots
$500.00 plus $80.00 per unit or lot
Nonresidential Development Not Involving Structures (Subdivisions)
0 to 3 lots
$600.00 plus $50.00 per lot
3 or more lots
$600.00 plus $25.00 per lot
Minor Subdivisions
$500.00
(b) 
The amount deposited in escrow for review of applications for developments proposing a site plan shall be as follows:
Type of Development
Escrow Amount
Nonresidential Development Involving Structures (Site plans based on total floor plan)
Up to 2,500 square feet
$1,000.00 plus $100.00 per 100 square feet
2,501 to 20,000 square feet
$1,000.00 plus $75.00 per 100 square feet
20,000 or more square feet
$1,000.00 plus $50.00 per 100 square feet
Residential Development
0 to 25 units
$500.00 plus $100.00 per unit
26 to 100 units
$500.00 plus $90.00 per unit
101 and above units
$500.00 plus $80.00 per unit
(c) 
Deposits for inspection fees shall be charged in conformance with § 47-31M(11).
(d) 
If the application submitted to the Planning Board is not listed in Subsection M(3)(a) or (b) above or if any type of review, inspection, preparation of documents or other type of work related to the developer's application is required which does not fall within any category in this section, the Borough Engineer shall recommend a reasonable amount to be deposited in an escrow account or charged to an escrow account to cover such costs.
(e) 
If it is determined by the Zoning Board of Adjustment that an application requires review by the Borough's Engineer, an applicant shall pay an additional fee to be deposited into escrow for any applications that include a variance pursuant to the following:
[Added 5-15-2003 by Ord. No. 9-03; amended 5-19-2005 by Ord. No. 9-05]
Type of Variance
Escrow Amount
Pursuant to N.J.S.A. 40:55D-70(c)
$250 per variance, maximum of $500 per application
Pursuant to N.J.S.A. 40:55D-70(d)
$1,500
(5) 
Payments made by Chief Financial Officer. The Chief Financial Officer of the Borough shall make all of the payments to the professionals for services rendered to the Borough or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes pursuant to N.J.S.A. 40:556-1 et seq. All fees or charges shall be based upon a schedule established by resolution, as adopted by the Planning Board.
(6) 
Application review and inspection charges. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of professionals normally utilized by the Borough.
(7) 
Additional charges. The applicant shall be charged for actual out-of-pocket expenses of any such professional and consultant, including normal and typical expenses incurred in processing applications and inspecting improvements.
[Amended 5-15-2003 by Ord. No. 9-03]
(a) 
The Borough or approving authority shall not bill the applicant or charge any escrow account authorized in Subsection M(4) for any clerical or administrative functions performed by the Borough, overhead expenses, meeting room charges, or any other borough costs and expenses incurred during the regular course of business except as provided for in this § 47-31M, nor shall a Borough professional add any such charges to his bill.
(b) 
Should the application require that the approving authority hold a special meeting, the applicant shall pay a fee of $1,000 to be deposited into the escrow account in order to cover all costs associated with the meeting, including, but not limited to, the meeting room charges, professional fees, and a fee for the recording secretary.
(8) 
Limitation on charges. If the salary, staff support and overhead for a Borough professional are provided by Borough, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the some rate as all other work of the same nature by the professional for the Borough when fees are not reimbursed or otherwise imposed on applicants or developers.
(9) 
Payment by voucher. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the individual performing the service and, for each date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. The following procedures must be followed:
(a) 
All professionals shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis, in accordance with schedules and procedures established by the Chief Financial Officer of the Borough.
(b) 
If the services are provided by a Borough professional employee, said employee shall prepare and submit a statement containing the same information as required on a voucher on a monthly basis to the Chief Financial Officer of the Borough.
(c) 
The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Borough simultaneously to the applicant. The Chief Financial Officer of the Borough shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. If monthly charges are $1,000 or less, this information shall be provided on a quarterly basis. If monthly charges exceed $1,000, this information shall be provided on a monthly basis.
(d) 
If an escrow account or deposit contains insufficient funds to enable the Borough or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the Borough shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within 10 days post a deposit to the account in an amount to be agreed upon by the Borough or approving authority and the applicant. In the interim, any required health and safety inspections shall be made by the Borough and charged back against the replenishment of funds. The Borough shall not make any additional inspections or take any additional action until sufficient funds are deposited.
(10) 
Professional charges for review. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant.
(11) 
Inspection fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
(12) 
Review required by the State of New Jersey. A professional shall not review items which are subject to approval by any state governmental agency and not under Borough jurisdiction, except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
(13) 
Close-out procedures. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved, as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits.
(a) 
The applicant shall send written notice, by certified mail, to the Chief Financial Officer of the Borough and the approving authority, and to the relevant Borough professional that the application is completed or the improvements, as the case may be, are completed.
(b) 
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Borough within 30 days and shall send a copy simultaneously to the applicant.
(c) 
The Chief Financial Officer of the Borough shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.
(d) 
Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.
(14) 
Change of professionals. If the Borough retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the Borough or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Borough or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
(15) 
Estimation for the cost of installation of improvements. The cost of the installation of improvements for the purposes of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) shall be estimated by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the Borough. The developer may appeal the Borough Engineer's estimate to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127).
(16) 
Dispute of charges.
(a) 
An applicant shall notify the governing body of the Borough, in writing, and forward copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(b) 
The governing body or its designee shall attempt to remediate any disputed charges within a reasonable time period.
(c) 
If the applicant is not satisfied with the resolution of the dispute, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any Borough professional or consultant or the cost of the installation of improvements estimated by the Borough Engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(d) 
An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charge is the subject of the appeal.
(e) 
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file the appeal within 60 days from receipt of the Borough statement of activity against the deposit or escrow account required by Subsection c of Section 13 of P.L. 199, c. 256 (N.J.S.A. 40:55D-53.2).
(f) 
An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant is not required to appeal each charge individually.
(17) 
County Construction Board of Appeals. Pursuant to N.J.S.A. 40:55D-53.2a(b), the County Construction Board of Appeals shall hear the appeal, render a decision, and file its decision with a statement of the reasons therefor with the Borough or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The County Construction Board of Appeals may approve, disapprove or modify the professional charges appealed from. A copy of the decision shall be forwarded, by certified or registered mail, to the party making the appeal, the Borough, the approving authority and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for the purposes of a complaint, application or appeal to a court of competent jurisdiction.
(18) 
Pending appeals. During the pendency of any appeal, the Borough or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. While an appeal is pending, the applicant shall continue to maintain an escrow account and deposit any amounts required as set forth above. The following procedures shall be followed pending an appeal:
(a) 
The Chief Financial Officer of the Borough may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed.
(b) 
If a charge is disallowed after payment to a professional employee of the Borough, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant.
(c) 
If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
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. The officer presiding at the hearing or such person as he 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. 38 (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.
F. 
Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
[Added 3-21-1991 by Ord. No. 3-91]
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 shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing. This notice shall be given by the applicant. An affidavit of publication shall be filed with the Planning Board.
[Amended 7-17-1980 by Ord. No. 8-80]
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 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 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 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 Borough Clerk pursuant to Section 6b of P.L. 1975, c. 291.
G. 
In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough pursuant to N.J.S.A. 40:55D-12.1, notice shall be given by:
[Added 6-18-1992 by Ord. No. 7-92]
(1) 
Serving 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.
H. 
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.
I. 
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J. 
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; 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: and the location and times at which any maps and documents for which approval is sought are available as required by law.
[Amended 10-19-1978 by Ord. No. 11-78; 7-17-1980 by Ord. No. 8-80]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the office of the Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of the required fee, 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 § 47-33B of this chapter. A sum not to exceed $0.25 per name or $10, whichever is greater, is to be charged for such list.
[Added 6-18-1992 by Ord. No. 7-92]
A. 
Every public utility, cable television company and local utility having a right-of-way or easement within the Borough of Kinnelon desirous of receiving notice of development applications pursuant to N.J.S.A. 40:55D-12 may register with the Borough Clerk. The registration shall remain in effect until revoked by the registrant or its successor in interest.
B. 
The Borough Clerk hereby adopts a registration form, as set forth in Schedule A[1] to be utilized by those companies or utilities seeking to register pursuant to Subsection A. The information contained therein shall be made available to any applicant as provided in N.J.S.A. 40:55D-12.
[1]
Editor's Note: Schedule A is on file in the office of the Borough Clerk.
C. 
Any public utility, cable television company or local utility seeking to register with the Borough of Kinnelon pursuant to this section shall be required to pay a registration fee of $10.
A. 
Written resolution.
[Amended 3-21-1991 by Ord. No. 3-91]
(1) 
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
(a) 
A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or
(b) 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented or adoption shall be sufficient to adopt the resolution.
(2) 
An action pursuant to Section 5 of the Municipal Land Use Law (N.J.S.A. 40:55D-9) resulting from the 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 memorializing 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 Subsection B of §§ 47-36 and 62-37 of this chapter.
(3) 
If the municipal agency 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 attorney's fees, shall be assessed against the municipality.
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 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 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.