Borough of Maywood, NJ General Provisions

Except as otherwise provided herein, the Construction Official is hereby designated as the administrative officer for the purposes set forth in the Municipal Land Use Law.

All municipal agencies referred to herein shall provide the Construction Official with notices of meetings, verbatim recordings of meetings, minutes of meetings, copies of decisions and such other information as the Construction Official may request.

All applications for development shall be initially presented to the Construction Official. The Construction Official shall refer the application to the appropriate municipal agency and shall assist the applicant in processing the application for development. The Construction Official shall collect all fees in connection with said application.

All regular and special meetings of any municipal agency established under this chapter shall be open to the public, with notice of all meetings provided as required by law.

Minutes of all regular and special meetings shall be kept as required by N.J.S.A. 40:55D-9.

Municipal agencies established under this chapter shall hold hearings as required by N.J.S.A. 40:55D-10. All procedures governing said hearings shall be established by the municipal agency in compliance with N.J.S.A. 40:55D-10.

Municipal agencies established pursuant to this chapter shall provide for verbatim recordings of all hearings and shall make such records available to any interested party at his expense. Duplicate recordings thereof may be provided to any interested party at his expense.

All decisions for development, including decisions on appeals, shall be in writing, with a copy filed in the office of the administrative officer and a copy mailed to the applicant. A brief notice of each decision shall be published in a newspaper of general circulation in the Borough, said notice to be prepared by and arranged by the Planning Board Secretary within 30 days of the decision. The applicant shall pay a nonrefundable fee, as set forth in the current fee ordinance of the Borough,[1] for the preparation and publication of such notice with respect to each application filed before the Planning Board at the time such application is filed.

[Amended 9-2-2010 by Ord. No. 17-10]

[1]

See Ch. 169, Fees.

Except as otherwise provided herein, public notice of a hearing on applications for development shall be given by an applicant pursuant to N.J.S.A. 40:55D-12. The Construction Official shall provide applicants with the names and addresses of property owners who are required to receive notice pursuant to N.J.S.A. 40:55D-12 upon payment of the appropriate fee therefor.

Appeals of any final decision of the Board of Adjustment shall be to the Superior Court of the State of New Jersey or any other court of competent jurisdiction.

[Amended 2-13-1996 by Ord. No. 1-96; 4-14-2020 by Ord. No. 4-20]

This chapter shall be enforced by the Construction Official as heretofore established, who shall in no case issue any permit for the erection or structural alteration of any building or structure nor grant any occupancy permit for any building or structure where the proposed erection, construction or structural alteration or the use thereof would be in violation of any of the terms or provisions of this chapter.

Building permits and zoning permits. [Amended 9-28-1999 by Ord. No. 24-99]

A building permit shall be secured from the Construction Official prior to the erection or alteration of any building or structure or part of a building or structure. All applications for building permits shall be made to the Construction Official, in writing, with a statement of the use and intended use of the property by the owner or his authorized representative. Each application shall be accompanied by a plan, in quadruplicate, drawn to scale, showing a full description of the location, shape and dimension of the lot to be built upon, its block and lot number as recorded, the size and location of existing buildings thereon, existing and new grades, lines within which the proposed building or buildings are to be erected, location and dimension of off-street parking areas, dimensions of all open spaces, the number of square feet of lot area as well as the number of square feet to be occupied by buildings, the percentage of lot coverage, the existing and intended use as well as height of each building or part thereof and the location and dimensions of proposed new construction. The applicant shall also give such other pertinent information regarding the proposed use of the property as may be necessary to determine the property of the issuance of a building permit and certificate of occupancy. If construction is not started within 12 months after issuance of a permit, the permit is void, and no fees shall be refunded. Whenever plot plans, maps or surveys are required, they shall be in accordance with the Uniform Construction Code.[2]

[2]

Editor's Note: See Ch. 148, Construction Codes, Uniform.

The Construction Official shall not issue a building permit until the completion of a review of the provisions of this subsection and any approval granted thereunder and only after the Construction Official issues a zoning permit. A zoning permit is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building. A zoning permit may be issued only if the Construction Official determines that the proposed use, structure, or building complies with the provisions of this subsection, or the terms and conditions of any variance or other approval granted by the Planning Board which may be satisfied before construction begins.

Certificate of occupancy.

A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed and a written notice has been given to the Construction Official. A record of all certificates of occupancy shall be kept on file by the Construction Official, and copies shall be furnished upon request of any person having a proprietary or tenancy interest in the building affected.

No excavation shall be permitted before application has been made for a certificate of occupancy. A building or premises may not be occupied until such certificate shall have been issued, but a temporary certificate of occupancy may be issued for a part of the building.

In case the Construction Official shall decline to issue a certificate of occupancy, his reasons for so doing shall be stated on copies of the application, and one copy thereof shall be returned to the applicant. No certificate of occupancy shall be issued until the applicant submits proof to the Construction Official that the applicant has complied with all ordinances of the Borough applicable thereto.

Appeals by any persons aggrieved by a decision of the Construction Official relating to the enforcement and interpretation of this chapter or requests for interpretations of this chapter may be taken by filing an appeal therefrom or an application therefor before the appropriate municipal agency pursuant to the applicable provisions of the Municipal Land Use Law. The Construction Official shall forthwith transmit to the municipal agency all papers and documents constituting the record upon which the interpretation is sought or upon which the appeal was taken.

The Chairman of the municipal agency or, in his absence, the Acting Chairman shall have power to issue subpoenas for the attendance of witnesses and/or the production of records. The Chairman of the municipal agency or, in his absence, the Acting Chairman shall have the power to administer oaths. Upon the failure of any person to answer in response to a subpoena of such officer, application may be made to the Superior Court or any judge thereof for an order compelling the attendance of such witness or the production of such records as was demanded in the subpoena.

Expiration of variance.

[Amended 5-27-2004 by Ord. No. 15-04]

Any variance from the terms of the ordinances of the Borough of Maywood hereafter granted by the municipal agency permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of entry of judgment or determination of the municipal agency; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the municipal agency until the matter being appealed has been fully determined.

The one-year period referenced herein may be extended by approval from the municipal agency upon application filed within 30 days after the expiration of said approval.

No application for development shall be approved by the municipal agency unless payment of all taxes and assessments for local improvements due and owing as of the date of such appeal has been made to the Borough of Maywood or unless such approval is conditioned upon such payment prior to issuance of any municipal permits for said development.

§ 209-6 Fees and permits.

Fees shall be as set forth in the most current Fee Ordinance adopted by the Mayor and Council of the Borough of Maywood.[1]

[1]

Editor's Note: See Ch. 169, Fees.

The Construction Official shall not issue a building permit or a certificate of occupancy until all fees have been paid and until any and all approvals required pursuant to this chapter and the Municipal Land Use Law have been obtained.

Nothing contained herein is intended to supersede or in any way affect or impair the issuance of permits or the collection of fees required pursuant to the Uniform Construction Code Act and any ordinance, rules or regulations adopted pursuant thereto.[2]

[2]

Editor's Note: See N.J.S.A. 52:27D-119 et seq. and Ch. 148, Construction Codes, Uniform.

§ 209-6.1 Escrow accounts.

[Added 4-25-2001 by Ord. No. 13-01]

In addition to the required application fees established by this chapter, an applicant for any development application shall be required to establish one or more escrow accounts with the Borough to cover the reasonable and necessary review and consultation costs and fees of the Borough's professional personnel and shall be responsible to reimburse the Borough for all payments made to the professional personnel in accordance with the terms of this chapter and the Municipal Land Use Law.

The escrow accounts shall be used to reimburse the Borough for all costs of professional services of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency such as, but not by way of limitation:

Charges for reviews by professional personnel of applications and accompanying documents.

Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by an applicant.

Charges for any telephone conference or meeting required or initiated by the applicant, its attorney or any of its experts.

Review of additional documents submitted by the applicant and issuance of reports relating thereto.

(5)

Review or preparation of easements, developer's agreements, deeds, resolutions or the like.

(6)

Preparation for and attendance at meetings and site inspections of improvements.

(7)

The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of an applicant's experts, provided that the municipal agency gives prior notice to the applicant of its intention to obtain such additional expert advice or testimony and affords the applicant an opportunity to be heard as to the necessity for such additional advice or testimony and the definition of the limitations on the nature and extent thereof.

Scope of charges and rates.

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. The hourly charges of professionals shall be at the same rate as all other work of the same nature by the professional charged to the Borough when fees are not reimbursed or otherwise imposed on applicants or developers. 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 the conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items that are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of site approvals on the subdivision or site plan.

The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to ensure that an application meets the standards set forth in the applicable ordinances and statutes and other experts whose testimony is in an area in which the applicant has presented expert testimony.

Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approved 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.

If the Borough retains a different professional or consultant in the place of a 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 to the deposit or the escrow account for any such services.

Upon the filing of an application as set forth in Paragraph A of this section, an applicant shall deposit with the Board Secretary the initial escrow deposits set forth below. Deposits shall be made by personal check, certified check or money order, payable to the Borough. The following are the initial required escrow deposits:

Site plans.

(a)

Concept plan. No charge where the applicant asks for review without input and advice from the Board's professional advisors. Where the applicant requests review with input and advice from the Board's professional advisors, there shall be a minimum escrow deposit as set forth in Ch. 169, Fees.

(b)

Preliminary site plan. For any site plan involving nonresidential development there shall be a review fee as set forth in Ch. 169, Fees. For any site plan for residential development, the review fee is as set forth in Ch. 169, Fees. No site plan for preliminary approval shall have a review fee less than as set forth in Ch. 169, Fees.

(c)

Final site plan. The final site plan review fee shall be as set forth in Ch. 169, Fees. Any site plan containing both nonresidential and residential development shall pay a fee as set forth in Ch. 169, Fees.

Conditional use. The review fee for a conditional use shall be as set forth in Ch. 169, Fees.

Subdivision.

(a)

Concept plan. No charges where the applicant asks for review without input and advice from the Board's professional advisors. Where the applicant requests review with input and advice from the Board's professional advisors, there shall be a minimum escrow deposit fee as set forth in Ch. 169, Fees.

(b)

Minor subdivision or resubdivision. Fees shall be as set forth in Ch. 169, Fees.

(c)

Preliminary plat of a major subdivision. Fee shall be as set forth in Ch. 169, Fees.

(d)

Final plat of a major subdivision. Fee shall be as set forth in Ch. 169, Fees.

Variance under N.J.S.A. 40:55D-70d:

(a)

When no site plan or subdivision is sought, fees shall be as set forth in Ch. 169, Fees.

(b)

When a variance is sought in connection with an application listed in Subsection D(1) through (3), no charge.

(5)

For applications involving a combination of approvals, the applicant shall deposit an amount equal to the sum of the deposits as required by Subsection D(1) through (4).

Upon receipt of an application for one of the developments listed in the preceding section, the Board Secretary shall send a copy of the application and one set of all plans and reports to the Municipal Engineer, the Planning Consultant, the Board Attorney and any other professional authorized by the Board. Within seven days of the receipt of same, said professionals shall submit an estimate of funds sufficient in the amount to undertake technical reviews and findings of fact relative to the application. If, upon review of those estimates, the Board and/or its designee or committee finds that the fees listed in the preceding subsection are insufficient to pay the estimated necessary costs for examination and review of an application, such additional amount as in the reasonable judgment of the Board will be necessary to pay said costs shall be requested from the applicant.

The approving authority and/or its designee or committee shall not determine an application is complete until the initial escrow deposit is paid.

Deposit of escrow funds and payments.

Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and all other deposits may be in a noninterest-bearing account. Upon receipt of bills from professionals and approval of the bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by the professional or experts. The Borough shall not be required to refund an amount of interest paid on a deposit that does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to the applicant by the Borough annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.

The Chief Financial Officer shall make all of the payments to 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 under the provisions of N.J.S.A. 40:55D-1 et seq. 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 for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to this bill.

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 submitted by the professional. All vouchers shall identify the personnel performing the service and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. 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 and the municipal agency for which the services were performed.

The Chief Financial Officer shall prepare and send to the applicant a statement that shall include an accounting of funds listing all deposits, interest, earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. 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 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 a reasonable time period, 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 and charged back against the replenishment of funds.

Payments required prior to issuance of permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the Borough from the professional personnel rendering services in connection with such application and payment has been made.

Close out procedures.

The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of 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 in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.

The applicant shall send written notice, by certified mail, to the Chief Financial Officer and the approving authority and to the relevant municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer 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. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

Estimate of cost of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Borough Engineer based on documented construction costs for the 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 pursuant to N.J.S.A. 52:27D-127.

Appeals.

An applicant shall notify, in writing, the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall, within a reasonable time, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Borough engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals and shall simultaneously send a copy of the appeal to the Borough, the approving authority and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2c, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2c. 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 making use of this provision need not appeal each charge individually.

Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.