No member of the Planning Board or the 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.
All members of the Boards shall serve without
compensation.
There are created the offices of Attorney for
the Planning Board and Attorney for the Zoning Board of Adjustment.
Each Board may annually appoint and fix the compensation for its Attorney.
Such compensation shall be within the appropriation made by the governing
body. Neither Attorney shall be the Borough Attorney.
Each Board may employ or contract for and fix
the compensation of such experts and other staff and services as it
may deem necessary. The Board shall not authorize expenditures which
exceed, exclusive of gifts or grants, the amount appropriated by the
governing body for its use.
The Boards shall adopt such rules, regulations
and bylaws as may be necessary to carry into effect the provisions
and purposes of this article. In the issuance of subpoenas, administration
of oaths and the taking of testimony, the provisions of the County
and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall
apply.
A.
Meetings of both the Planning Board and the Zoning
Board of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which 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 a majority vote of a
quorum except as otherwise required by any provision of the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
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 Meeting Law,
N.J.S.A. 10:4-6 et seq. 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.
F.
A member of the Planning Board or the Board of Adjustment
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence from one or more of the
meetings; provided, however, that the Board member has available to
him the transcript or recording of all of the hearings from which
he was absent and certifies in writing to the Board that he has read
the transcript or listened to the recording.
A.
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.
B.
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. The 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 6-19-1990 by Ord. No. 90-569; 4-16-1996 by Ord. No.
96-657]
A.
Escrow for professional review. In addition to application
fees required by this article, an applicant for development for approval
of a subdivision, site plan, planned development, conditional use,
zoning variance, rezoning or other form of development application
authorized or required by ordinance or statute shall be required to
establish an escrow account with the Borough for the purpose of paying
and/or defraying the Boroughs's costs and expenses for professional
services in connection with the review of an application for development.
Professional services contemplated under this section shall include
but shall not be limited to the following: Borough Engineer or consulting
engineer, Construction Code Official, Board attorney, professional
planners, consultants, advisors to the Planning Board or the Zoning
Board of Adjustment or any other professional or other expert hired
or engaged by the Planning Board or the Board of Adjustment to aid
and assist such Board in reviewing, evaluating and acting upon a development
application when an application is of a nature beyond the scope of
the expertise of the professionals normally utilized by the Borough.
B.
Escrow for inspection of improvements. In addition to the escrow account required under Subsection A of this section, an applicant for development shall be required to establish an escrow account with the Borough to cover fees and costs payable to the Borough for municipal engineering inspections or such improvements which the Planning Board or the Board of Adjustment may deem necessary or appropriate, including street, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. An applicant shall execute an agreement with the Borough, on a form to be provided by the Borough and approved by the Borough Attorney, whereby the applicant shall become obligated to pay for fees and costs of municipal engineering inspections.
C.
Exception. The Board having jurisdiction over a development
application shall have the right, by resolution, to waive escrows
required by this article in connection with any development application.
[Added 4-16-1996 by Ord. No. 96-657]
[Added 4-16-1996 by Ord. No. 96-657]
A.
Escrow deposits shall be placed in an escrow account
by the Borough Chief Financial Officer and shall be maintained in
accordance with the provisions of N.J.S.A. 40:55D-53.1.
B.
The Borough Chief Financial Officer shall make all
payments to professionals for services rendered to the Borough and/or
board having jurisdiction 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.
C.
Fees or charges payable from escrows shall be based
upon a schedule established by resolution of the Borough governing
body and shall be subject to the limits provided in N.J.S.A. 40:55D-53.2a.
D.
Payment charges against an escrow account shall be
pursuant to vouchers submitted by the professionals to the Borough
Chief Financial Officer on a form provided by the Chief Financial
Officer and in a manner consistent with the provisions of N.J.S.A.
40:55D-53.2c. Vouchers shall be submitted on a monthly basis. If services
have been provided by a Borough employee, the Borough employee shall
prepare and submit to the Chief Financial Officer a statement containing
the same information as required on a voucher. Statements shall be
submitted on a monthly basis. Informational copies of all vouchers
or statements submitted to the Chief Financial Officer shall be sent
simultaneously to the applicant.
E.
If an escrow account established under this article
contains insufficient funds to enable the Borough or the board having
jurisdiction over the application to perform required application
reviews or improvement inspections, the Borough 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 the board having jurisdiction over the application.
F.
In the case of escrows for professional review, at
such time as the board having jurisdiction over an application has
granted final approval and has signed the subdivision plat or site
plan or, in the case of escrows for inspection of improvements, at
such time as improvements have been approved in accordance with N.J.S.A.
40:55D-53, the applicant, the professionals whose services have been
utilized in connection with the application, and the Borough Chief
Financial Officer shall follow the "closeout" procedures with respect
to the escrow account as provided in N.J.S.A. 40:55D-53.2d.
[Added 4-16-1996 by Ord. No. 96-657]
B.
Subject to the provisions of N.J.S.A. 40:55D-53.2:
(1)
No application shall be given final approval until
such time as the applicant has deposited all escrow funds required
under this article.
(2)
No permits for construction shall be issued until an escrow account has been established to cover municipal engineering inspections and until the applicant has executed an agreement with the Borough in accordance with § 170-25B.
(3)
If an applicant fails to pay any amounts due under
this article, the Borough shall have the right to deny the issuance
of any construction permits, stop construction or withhold the issuance
of a certificate of occupancy until such time as all amounts due under
this article have been paid to the Borough.
[Added 4-16-1996 by Ord. No. 96-657]
All fees and charges for professional services
and inspection services payable to the Borough under this article
shall draw the same interest from the time they become due and payable
as taxes upon real estate in the Borough and shall be a lien upon
the premises for which a development application has been made. The
Borough shall have the same remedies for the collection thereof, with
interest, costs and penalties, as it has by law for the collection
of taxes upon real estate.
[Added 4-16-1996 by Ord. No. 96-657]
A.
If the final total square footage (of a building or
buildings in a development application) is unknown, escrows and fees
payable therefrom shall be based upon the maximum floor area permitted
in the zoning district for which such application is made.
B.
For site plans involving expansion, additions and
modifications, or a change of use of an existing building, escrows
and fees payable therefrom shall be calculated on square footage area
of the expansion, addition, modification or change of use only.
C.
Applications involving site improvements only and
no expansion, addition, modification, or change of use shall be required
to deposit only the minimum escrow established under this article.
A.
Rules. The Planning Board and the 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 article.
B.
Oaths. The officer presiding at the hearings of such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, 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 stenographer, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recordings in lieu thereof on request to any interested party at his
expense.
F.
Maps and documents. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the Boards. The applicant
may produce other documents, records, or testimony at the hearing
to substantiate or clarify or supplement the previously filed maps
and documents.
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.
B.
To whom and how notice shall be given.
(1)
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
the hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by:
(2)
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 the municipality, which notice shall be in addition to the notice required to be given pursuant to § 170-23B to the owners of lands in the 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.
All notices 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.
F.
Any notice made by certified mail as required by this
section shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
G.
Form of notice. All notices required to be given pursuant
to the terms of this article 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. The notice shall contain references
to variances or conditional uses, if applicable.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall, within seven days after receipt of a request therefor and upon receipt of payment of the proper 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 § 170-32B of this article.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon, where
appropriate.
B.
A copy of the decisions shall be mailed by the Board
within 10 days of the date of decisions 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 for the service. A copy of the decisions
shall also be filed in the office of the appropriate official, who
shall make a copy of the filed decisions 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 appropriate municipal official without separate
charge to the applicant. The notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decisions.
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 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 the
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.
A.
In the event that a developer submits an application
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Planning Board or the Board of Adjustment shall approve the application
conditioned on removal of the legal barrier to development.
B.
In the event that, during the period of approval heretofore
or hereafter granted to an application, the developer is barred or
prevented, directly or indirectly, from proceeding with the development
otherwise permitted under such approval by a legal action instituted
by any state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with the development, the running
of the period of approval under this article shall be suspended for
the period of time the legal action is pending or the directive or
order is in effect.
C.
In the event that development proposed by an application
requires an approval by a governmental agency other than the Planning
Board or the Board of Adjustment, the Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
the governmental agency. The Board shall make a decision on any application
within the time period provided in this article or within an extension
of the period as has been agreed to by the applicant unless the Planning
Board is prevented or relieved from so acting by the operation of
law.
The Board and an applicant may mutually agree
to extend the time limit specified for action. Such extensions shall
be made for a specific period of time and indicated in the minutes
of the meeting.
[Amended 5-7-2019 by Ord.
No. 2019-1019]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of Part 3, Zoning. The appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 170-14A and in accordance with the provisions of N.J.S.A. 40:55D-72.
An appeal from any final decision of the Zoning
Board of Adjustment approving an application for a use variance (N.J.S.A.
40:55D-70d of the Municipal Land Use Law) may be taken to the governing
body, provided that the appeal is made within 10 days of the date
of publication of the final decision of the Zoning Board of Adjustment.
The appeal shall be made in accordance with the provisions of N.J.S.A.
40:55D-17.
