No member of the Planning Board or 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.
[Added 7-11-1984 by Ord. No. 28-84;
amended 10-1-2012 by Ord. No. 13-12]
In accordance with Section 5 of Chapter
20 of the Laws of 1984, adopted on March 22, 1984, for the purpose of determining a completed application
for development, the adopted checklists for the Board of Adjustment
and for the Planning Board of the Township of Morris are available
in the office of the Secretary to the Planning Board and Board of
Adjustment. Completeness of applications for general development plan
approval shall be determined in accordance with the procedures applicable
to applications for development as set forth in N.J.S.A. 40:55D-10.3
and the completeness checklist available in the office of the Planning
Board Secretary titled "Township of Morris General Development Plan
Checklist."
[Added 7-19-1995 by Ord. No. 22-95]
Hours for construction activities, including
installation of on-site or off-site improvements related to any project
approved by the Planning Board or Board of Adjustment, shall be 7:00
a.m. to 6:00 p.m., Monday through Saturday. There shall be no construction
on Sunday, except emergency repairs as may be authorized by the Township
Engineer. A condition to this effect shall be incorporated in each
resolution approving an application for development.
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 by ordinance.
[Amended 4-22-1981 by Ord. No. 17-81; 2-24-1982 by Ord. No.
9-82; 4-21-1993 by Ord. No. 10-93; 9-18-1996 by Ord. No. 20-96]
A. Fees for applications or for the rendering of any
service by the Planning Board or Board of Adjustment or any member
of their administrative staffs or any municipal agency or its administration
staff shall be as follows:
[Last amended 3-28-2018 by Ord. No. 05-18]
|
Fee Schedule
|
---|
|
Type of Application or Service
|
Application
|
Escrow
|
---|
|
Site plans/amended site plans:
|
|
|
|
|
Nonresidential site plan or amended site plan:
|
|
|
|
|
|
Any plan for building improvement and/or lot
area disturbance up to and including 1,000 square feet
|
$1,000
|
$5,000
|
|
|
|
For each additional 1,000 square feet of new
floor area
|
$100
|
$100
|
|
|
|
For each additional 1,000 square feet of lot
area disturbed or part thereof
|
$75
|
$75
|
|
|
|
Waiver of minor site plan/site plan exception
|
$500
|
$2,000
|
|
|
Residential site plans/amended site plans (per § 57-96):
|
|
|
|
|
|
10 or fewer units
|
$200 per unit
|
$10,000
|
|
|
|
11 through 25 lots or units
|
$200 per unit
|
$12,000
|
|
|
|
26 or more
|
$200 per unit
|
$15,000
|
|
|
|
Amended residential site plan
|
$2,500
|
$10,000
|
|
|
|
Amended residential site plan, additional lots or units
|
$200 per unit
|
$5,000
|
|
Concept review – site plan
|
$500
|
$2,000
|
|
Subdivisions:
|
|
|
|
|
Concept plan, review of:
|
|
|
|
|
|
1 to 9 lots
|
$500
|
$2,500
|
|
|
|
10 or more lots
|
$1,000
|
$3,000
|
|
|
Minor subdivision (up to 3 lots)
|
$1,000
|
$5,000
|
|
|
Preliminary major subdivision:
|
|
|
|
|
|
First lot
|
$3,000
|
$5,000
|
|
|
|
For each additional lot
|
$500
|
$500
|
|
|
Amended preliminary major subdivision:
|
|
|
|
|
|
First lot
|
$3,000
|
$5,000
|
|
|
|
For each additional lot
|
$500
|
$500
|
|
|
Final major subdivision:
|
|
|
|
|
|
First lot
|
$5,000
|
$5,000
|
|
|
|
For each additional lot
|
$500
|
$200
|
|
General development plan (GDP)
|
$100 per acre
|
$150 per acre
|
|
Amended GDP
|
$2,500
|
$5,000
|
|
Variances:
|
|
|
|
|
"C" variances:
|
|
|
|
|
|
Residential uses
|
$500
|
$1,000
|
|
|
|
All other nonresidential variances (per variance,
maximum $2,000)
|
$500
|
$1,000
|
|
|
"D" variances
|
$2,000
|
$5,000
|
|
|
Waivers: nonresidential and residential
|
$500
|
$1,000
|
|
|
Conditional use applications
|
$500
|
$2,500
|
|
|
Application for wireless telecommunications
facilities
|
$3,000
|
$8,000
|
|
|
Amended wireless telecommunications facility
application
|
$1,500
|
$5,000
|
|
|
Appeals from administrative decision
|
$500
|
$1,000
|
|
|
Interpretation of Zoning Ordinance/special question
|
$500
|
$1,000
|
|
Miscellaneous:
|
|
|
|
|
Zone change request
|
$500
|
$5,000
|
|
|
Extension of approval
|
$250
|
$500
|
|
|
Municipal stormwater management plan
|
$50
|
|
|
|
Zoning permit/certification letter
|
$100
|
|
|
|
Special meeting request by applicant
|
$3,500
|
|
|
|
Tax Maps (24 x 36) or large prints (24 x 36)
|
$4
|
|
|
|
Land Development/Zoning Ordinance
|
$30 each
|
|
|
|
Flood certification letter
|
$50
|
|
|
|
Certified property owners list
|
$10
|
|
|
|
Topography maps – print
|
$25
|
|
|
|
Topography maps – digital
|
$100
|
|
|
|
Tree removal permit
|
$250
|
|
|
|
Grading permit
|
$500
|
|
|
|
Sewer inspection fee
|
$150
|
|
|
|
Small cell equipment and wireless poles licensing agreement
|
$500
|
$2,000
|
B. Administration of technical review deposits.
(1) The Chief Financial Officer shall make all of the
payments to professionals for services rendered to the governing body
or the municipal agency for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the Municipal Land Use Law. Said fees or charges
shall be based upon a schedule of fees established, and as may be
from time to time amended, by resolution of the governing body and/or
the municipal agency.
(2) The municipal agency shall notify the Chief Financial
Officer of the amount of the initial escrow deposit required of each
applicant in accordance with the fee schedule.
(3) Each payment charged to the escrow deposit account for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional in accordance with Subsection
C of this section.
(4) The Chief Financial Officer shall prepare and send
to each applicant a statement of his escrow account, which 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 to the applicant on a quarterly basis, if monthly
charges are $1,000 or less, or on a monthly basis if monthly charges
exceed $1,000.
(5) If an escrow deposit account contains insufficient
funds to enable the governing body or municipal agency to perform
required application reviews or improvement inspections, the Chief
Financial Officer shall provide the applicant with a notice of the
insufficient escrow deposit balance.
(6) 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
governing body or municipal agency and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
(7) Each technical review escrow deposit shall be held
in trust, separate from general funds. The applicant shall be required
to maintain, at all times, with the Chief Financial Officer a current
mailing address and a registered agent in the State of New Jersey.
(8) Whenever an amount of money in excess of $5,000 shall
be deposited by an applicant for technical review deposits pursuant
to this section, said money, until repaid or applied to the purposes
for which it is deposited, including the applicant's portion of the
interest earned thereon, shall continue to be the property of the
applicant and shall be held in trust by the Township in escrow. All
interest earned and paid to the applicant shall be in conformance
with P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1).
(9) Prior to the adoption of the resolutions or execution
of approved maps/deeds, as the case may be, the municipal agency shall
verify that the applicant has paid sufficient deposit moneys to pay
all anticipated fees and charges.
(10)
The following closeout procedure, applicable
to all escrow deposit accounts, shall commence after the municipal
agency has granted approval and signed the subdivision plat or site
plan, in the case of escrow review deposits, or after the improvements
have been approved, in the case of improvement inspection escrow deposits.
(a)
The applicant shall send written notice by certified
mail to the Chief Financial Officer, the municipal agency and to the
relevant Township or municipal agency professional(s) that the application
or the improvements, as the case may be, are completed.
(b)
After receipt of such notice, the professional(s)
shall render a final bill to the Chief Financial Officer within 30
days and shall send a copy simultaneously to the applicant.
(c)
The Chief Financial Officer shall render a written
final accounting to the applicant within 45 days of receipt of the
final bill from the professional(s).
(d)
Any balances remaining in the escrow deposit
account, including interest in accordance with P.L. 1985, c. 315 (N.J.S.A.
40:55D-53.1), shall be refunded to the applicant along with the final
accounting.
C. Professional service charges and procedures, including
dispute resolution.
(1) Application review and inspection charges shall be
limited only to professional charges (including charges by municipal
professional staff) for review of applications, review and preparation
of documents and inspections of developments and improvements under
construction. Such professional charges shall also include review
by outside consultants when an application is of a nature beyond the
scope of the expertise of the professionals normally utilized by the
municipality. In accordance with N.J.S.A. 40:55D-53.2, the services
of municipal professionals, which include the salary, staff support
and overhead furnished by the municipality, 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.
[Amended 11-13-1996 by Ord. No. 24-96]
(2) Professionals who are not employees of the Township
shall charge at the same rate as for all other work of the same nature
performed by the professional for the governing body or municipal
agency when fees are not reimbursed or otherwise imposed on applicants
or developers.
(3) The only costs that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants, including normal and typical expenses incurred in processing
applications and inspecting improvements.
(4) 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.
(5) Review fees shall be charged only in connection with
an application for development presently pending before the municipal
agency, review of compliance with conditions of approval or review
of requests for modification or amendment made by the applicant.
(6) Professionals shall not review items which 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 state approvals on the subdivision
or site plan.
(7) 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 upon the approved development plans and documents.
(8) Professionals shall submit vouchers to the Chief Financial
Officer on a monthly basis in accordance with schedules and procedures
established by the Chief Financial Officer. Each voucher shall identify
the personnel performing the service and, for each date the service
is performed, the hours spent to one-fourth-hour increments, the hourly
rate and the expense incurred.
(9) The professional shall simultaneously send to the
applicant an informational copy of all vouchers or statements submitted
to the Chief Financial Officer.
(10)
The Township and the municipal agency shall
not bill any applicant or charge an escrow deposit account for any
municipal clerical or administrative functions, overhead expenses,
meeting room charges or any municipal costs and expenses except as
provided for in this section.
[Amended 11-13-1996 by Ord. No. 24-96]
(11)
If the governing body or the municipal agency
retains a different professional or consultant in the place of the
professional or consultant originally responsible for development,
application review or inspection of improvements, the governing body
or the municipal agency shall be responsible for all time and expenses
of the new professional or consultant to become familiar with the
application or project, and the governing body or municipal agency
shall not bill the applicant or charge the escrow deposit account
for any such services.
(12)
The following procedures shall apply whenever
an applicant disputes a charge made by a professional for service
rendered to the governing body or the municipal agency in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to the provisions
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.):
(a)
The applicant shall notify the Township, in
writing, with copies to the Chief Financial Officer, the municipal
agency and the professional whose charge is the subject of the dispute.
(b)
The governing body, or its designee, shall,
within a reasonable time period, attempt to mediate any disputed charges.
(c)
If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal any such charge to the
County Construction Board of Appeals established under P.L. 1975,
c. 217 (N.J.S.A. 52:27D-127), pursuant to the procedures established
by the County Construction Board.
(d)
The applicant shall submit the appeal in writing
and shall simultaneously send copies of the appeal to the governing
body, the municipal agency and any professional whose charge is the
subject of the appeal.
(e)
An applicant shall file an appeal under this section within 45 days from receipt of the informational copy of the professional's voucher required under Subsection
C(8) of this section, 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 municipal statement of activity against the escrow deposit account.
(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 making use of this provision need
not appeal each charge individually.
(g)
During the pendency of any appeal, the governing
body or municipal agency 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 guaranties, 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 section.
(h)
The Chief Financial Officer may pay charges
out of the appropriate escrow deposit account for which an appeal
has been filed. If the charge is disallowed after payment, the Chief
Financial Officer shall reimburse the escrow deposit account in the
amount of any such disallowed charge or refund the amount to the applicant.
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.
[Amended 2-13-1980 by Ord. No. 4-80; 4-2-1997 by Ord. No.
9-97]
Notice of hearing on an application for development
shall be given except for minor subdivision and final approval of
site plans and major subdivisions. The applicant shall give such notice
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 current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof by certified mall 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. 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 to a condominium
association, horizontal property regime, community trust or homeowners'
association, because of the 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 of all hearings on application 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 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 Municipal Clerk pursuant to 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. 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 and 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 Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as prescribed in the fee schedule in §
57-29, 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
IV, §
57-31B, 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 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 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.