A. 
The provisions of this chapter, Chapter 255, Zoning, and Chapter 218, Subdivision of Land, shall be administered and enforced by the Building Inspector of the Borough or his/her designated assistant.
B. 
In no case shall a permit be granted for the construction or alteration of any building or other structure if the proposed construction, alteration or use thereof would be in violation of any provisions in such chapters. It shall be the duty of the Building Inspector, or his/her designated assistant, to cause any building or other structure, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provisions of such chapters. The Building Inspector shall have the right to enter any building or premises during reasonable daytime hours in the course of his/her duties.
No building permit shall be issued for the construction, alteration or change in use of an existing building, a conditional use, a use or building permitted by a variance or a nonconforming use unless a site plan shall have first been approved by the Planning Board in accordance with the terms of Chapter 218, Subdivision of Land.
A. 
Plans required. Certificates of occupancy shall be issued in accordance with the procedures set forth in the Building Code, provided that after completion of new construction on vacant land, set forth in the construction permit, the owner or applicant for a certificate of occupancy shall cause to be prepared, signed and sealed by a licensed professional engineer or land surveyor plans showing:
(1) 
The location, as built, of all such new construction.
(2) 
Grades and elevations shall be included.
(3) 
The location as built of water lines, gas lines and other underground supply lines for light, power and telephone service and cable television, if applicable.
B. 
New uses. No building shall be occupied or used unless the certificate of use and occupancy issued by the Building Inspector shall include a certification that such building or other structure, or use, is in conformance with the provisions of this chapter, Chapter 255, Zoning, and Chapter 218, Subdivision of Land. A certificate of use and occupancy, once granted, shall continue in effect so long as there is no change in the kind or nature of such use, regardless if change in tenancy or occupancy.
C. 
Existing uses. Upon written request from the owner, tenant, occupant or purchaser, and the fee of $10, a certificate of use and occupancy for any building or other structure, or any use thereof, lawfully in existence at the time of issuance of such certificate shall be issued.
D. 
Temporary certificate of occupancy. Under such rules and regulations as may be established by the Building Inspector, a temporary certificate of occupancy for a part of a building may be issued by him/her.
[Amended 5-20-2002 by Ord. No. 772R-02; 5-17-2004 by Ord. No. 847-04]
A. 
Notwithstanding the provisions of §§ 45-16 and 45-18, no site plan approval shall be required prior to the issuance of a building permit or a certificate of occupancy for any building or addition if such building or addition is used or shall be used solely as a single- or two-family dwelling, or as an accessory thereto, provided that a site plan has been filed, with the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, the exact size and location of the sanitary plant, installation of sidewalks, shade trees to be planted, as required by Chapter 218, Subdivision of Land, and such other information as may be necessary to determine and provide for the enforcement of Chapter 255, Zoning. One copy of the plan shall be returned to the owner when approved by the Building Inspector. Where a lot is formed from a part of a lot already improved, the separation shall be effected in such manner as not to impair any of the provisions of Chapter 255, Zoning, or Chapter 218, Subdivision of Land, whether related to the then existing improvements or to the proposed new improvement.
B. 
Notwithstanding Subsection A above, the site plan for a proposed new single- or two-family dwelling not part of a subdivision shall also include the planting of shade trees and, if the lot in question has frontage on Orangeburg Road, Central Avenue, DeWolf Road, Old Tappan Road, Washington Avenue North up to Little Mountain Road, Westwood Avenue or Cripplebush Road, the installation of sidewalks; except that the Mayor and Council may, by resolution, permit a contribution to the Sidewalk Improvement Trust Fund in lieu of installing same. If the lot in question is not located on one of the foregoing streets, the applicant shall contribute to the Sidewalk Improvement Trust Fund in lieu of installing and/or replacing same. Regardless of what street it is located on, if the lot already has a sidewalk, the applicant shall contribute to the Sidewalk Improvement Trust fund in lieu of installing and/or replacing same.
[Amended 1-3-2016 by Ord. No. 1090-15]
It shall be the duty of the Building Inspector to keep a record of all applications for building permits and certificates of use and occupancy which (s)he countersigns, together with a notation of all special conditions involved. The Building Inspector shall file and safely keep copies of all plans and applications submitted. They shall form a part of the records of his/her office and shall be available for the use of the Borough Council and of other officials of the Borough. The Building Inspector shall prepare monthly reports for the Borough Council summarizing all permits issued and certificates countersigned, all complaints of violations and the action taken thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.
A. 
Meetings of the Planning Board 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 called by the Chairperson of the Board and shall be called at the request of any two Board members. Such meetings shall be held on notice to the members and the public in accordance with law.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of the members of the Board present and eligible to vote at the meeting, except as otherwise required by any provision of this chapter or by law.
E. 
All 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 Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every 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 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 in accordance with the fee schedule set forth in § 45-23.
[Amended 5-17-2004 by Ord. No. 850-04]
Fees for the processing of applications filed with the Planning Board shall be as follows:
A. 
Minor subdivision: $200.
B. 
Major subdivision without site plan approval or conditional use approval:
(1) 
Preliminary approval: $300 plus $75 per lot for each lot up to five lots within the proposed subdivision and $50 for each lot in excess of five within the proposed subdivision.
(2) 
Final approval: $300.
(3) 
Combined preliminary and final approval: $600 plus $100 per lot for each lot up to five lots within the proposed subdivision and $75 for each lot in excess of five lots within the proposed subdivision.
C. 
Major subdivision requiring site plan approval or conditional use approval: $300.
D. 
Site plan review.
(1) 
Application for preliminary approval only: $1,000.
(2) 
Amended application for preliminary approval only: $300 for each and every amendment.
(3) 
Application for final site plan approval: $750.
(4) 
Amended final site plan approval: $250 for each and every amendment.
(5) 
Application for combined preliminary and final site plan approval: $1,250.
(6) 
Amended application for combined preliminary and final site plan approval: $350 for each and every amendment.
(7) 
Application for minor site plan approval: $200.
E. 
Conditional use application (applicant satisfies all conditions of conditional use ordinance and files application with the Planning Board):
(1) 
Conditional use application without subdivision or site plan application: $250.
(2) 
Conditional use application together with ancillary subdivision or site plan application: $750 together with filing fees for subdivision and/or site plan application as provided herein.
F. 
Conditional use application (applicant does not satisfy all conditions of conditional use ordinance and files application with the Planning Board):
(1) 
Conditional use application without subdivision or site plan application: $250 together with filing fees for deviation from a conditional use variance as provided herein.
(2) 
Conditional use application together with ancillary subdivision or site plan application: $750 together with filing fees for deviation from a conditional use variance as provided herein.
G. 
Variances under N.J.S.A. 40:55D-70(d) without site plan or subdivision application:
(1) 
Use of principal structure in the district restricted against such use or principal structure (use variance): $750.
(2) 
Expansion of a nonconforming use: $750.
(3) 
Density variance: $750.
(4) 
Height of a principal structure which exceeds by 10 feet or 10% of the maximum height permitted in district for a principal structure: $750.
H. 
Variances under N.J.S.A. 40:55D-70(c), otherwise known as "bulk variances": $200 for each variance.
I. 
Planned residential development and site plan approval in connection therewith:
(1) 
Application for PRD approval together with preliminary and/or preliminary and final site plan approval: $2,500.
(2) 
Application for amended PRD approval together with amended preliminary and/or amended preliminary and final site plan approval: $1,000.
(3) 
Application for final site plan approval in connection with a PRD: $1,000.
(4) 
Application for amended final site plan approval in connection with a PRD: $500.
J. 
Sign variance:
(1) 
Single-family residential property: $50.
(2) 
Nonresidential property: $200.
(3) 
Planned residential development: $300.
(4) 
Church, public school or public use: no fees.
K. 
Any other application to the Planning Board not previously specified: $200 for each application.
L. 
Conditional use approval without site plan approval:
(1) 
Engineering escrow: $200.
(2) 
Planning escrow: $200.
(3) 
Legal escrow: $200.
A. 
Escrow deposits for professional fees; procedure. In addition to the application fees set forth in § 45-23 hereof, the Borough agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in § 45-25 hereof. The Chief Financial Officer of the Borough 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 Borough clerical or administrative functions, overhead expenses, meeting room charges or any Borough costs and expenses except as provided for specifically by statute, nor shall a Borough professional add any such charge to his or her bill. The applicant's responsibility as to these charges shall be a continuing one from the initial filing of the application through and including decision and determination and any post-determination services as may be reasonably required. Said applicant's responsibility shall apply whether or not any such decision or determination is favorable or unfavorable to the applicant.
B. 
Scope of reimbursed services. The Borough shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to, drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals. Said services shall include but not be limited to legal, planning and engineering services and the services of outside consultants when an application is of a nature beyond the scope of the expertise of those professionals normally utilized by the Borough.
C. 
Deposit of escrow funds; refunds. 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 upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The Borough shall not be required to refund an amount of interest paid on a deposit which 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 him 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 331/3% 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 decisions by the appropriate Borough agency with respect to such application, upon certification by the Board secretary that such application has been finally decided.
D. 
Payments.
(1) 
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 personnel performing the service, and for 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 Borough agency for whom said services were performed.
(2) 
The Chief Financial Officer 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. 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.
E. 
Applicant's continuing obligation to pay fees and escrow deposits.
(1) 
No developmental application of any type shall be deemed complete unless and until the required application fee is paid and the initial escrow deposit required hereunder has been deposited with the Borough.
(2) 
If at any time during the processing, review or hearing on a developmental application, the initial deposit has been expended or the escrow account or deposit with respect to any such application contains insufficient funds to enable the Borough or any of its approving authorities or agencies 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, with a copy of said notice to the Board or agency having jurisdiction over the application.
(3) 
In order for the review or hearing on the application or the work on the development to continue, within seven days of receipt of the notice referred to in Subsection E(2) hereof, the applicant shall post an additional deposit to its escrow account to be agreed upon by the Borough or its 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. In the event such additional deposit is not posted within the time required hereunder, the developmental application may be denied without prejudice.
(4) 
No subdivision plat or deed or site plan shall be signed or approved, nor shall any zoning permit, building permit, certificate of occupancy or other type of permit be issued with respect to any application unless and until an applicant has deposited with the Chief Financial Officer of the Borough sufficient funds to pay the fees and other charges of all professionals rendering services to the Borough and/or its Board or agency having jurisdiction of the application in connection with same.
F. 
Close out procedure. The following close out 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 of the Borough and the approving authority, and to the relevant Borough 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 of the Borough within 30 days and shall send a copy simultaneously to the applicant. 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. 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.
G. 
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspections 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 the conditions of approval, or review of requests for modification or amendment made by the applicant. 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.
H. 
Limitation of 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.
I. 
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.
J. 
Appeals.
(1) 
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 services 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 any charge to an escrow account or deposit by any Borough 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 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 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-53.2(c), 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 Borough statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). 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 present a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(3) 
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 or subdivision plans 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. 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. If a charge is disallowed after payment, the Chief Financial Officer of the Borough shall reimburse the deposit or escrow 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 Borough, the professional or consultant shall reimburse the Borough in the amount of any such disallowed charge.
There is hereby established the following schedule of initial deposits required to be paid by each applicant for development toward reasonably anticipated Borough expenses for professional services and costs:
A. 
Minor subdivision. For each separate lot comprising the proposed subdivision, if granted:
(1) 
Engineering escrow: $300 per lot.
(2) 
Planning escrow: $300 per lot.
(3) 
Legal escrow: $300 per lot.
B. 
Major subdivision without site plan approval or conditional use approval:
(1) 
Preliminary approval.
(a) 
Engineering escrow: $500 for each lot up to five lots and $250 for each lot in excess of five lots.
(b) 
Planning escrow: $500 for each lot up to five lots and $250 for each lot in excess of five lots.
(c) 
Legal escrow: $500 for each lot up to five lots and $250 for each lot in excess of five lots.
(2) 
Final approval.
(a) 
Engineering escrow: $150 for each proposed lot comprising the subdivision.
(b) 
Planning escrow: $150 for each proposed lot comprising the subdivision.
(c) 
Legal escrow: $500 for each proposed lot comprising the subdivision.
C. 
Major subdivision requiring site plan approval or conditional use approval. In addition to the escrow deposit for a major subdivision as required herein, an additional deposit shall be posted in connection with the site plan and/or conditional use aspect of the application in an amount as follows:
(1) 
Engineering escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(2) 
Planning escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(3) 
Legal escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
D. 
Site plan review without conditional use approval:
(1) 
Preliminary approval.
(a) 
Engineering escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(b) 
Planning escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(c) 
Legal escrow: $150 for each 10,000 square feet or part thereof of the lot area to be developed, together with $500 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(2) 
Final approval.
(a) 
Engineering escrow: $50 for each 10,000 square feet or part thereof of the lot area to be developed, together with $200 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(b) 
Planning escrow: $50 for each 10,000 square feet or part thereof of the lot area to be developed, together with $200 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
(c) 
Legal escrow: $100 for each 10,000 square feet or part thereof of the lot area to be developed, together with $250 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof.
E. 
Site plan review together with conditional use approval:
(1) 
Preliminary approval.
(a) 
Engineering escrow: $200 for each 10,000 square feet or part thereof of the lot area to be developed, together with $600 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $250 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
(b) 
Planning escrow: $200 for each 10,000 square feet or part thereof of the lot area to be developed, together with $600 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $250 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
(c) 
Legal escrow: $200 for each 10,000 square feet or part thereof of the lot area to be developed, together with $600 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $250 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
(2) 
Final approval.
(a) 
Engineering escrow: $50 for each 10,000 square feet or part thereof of the lot area to be developed, together with $200 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $100 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
(b) 
Planning escrow: $50 for each 10,000 square feet or part thereof of the lot area to be developed, together with $200 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $100 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
(c) 
Legal escrow: $100 for each 10,000 square feet or part thereof of the lot area to be developed, together with $200 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof; $100 for a site plan review ancillary to an application for a conditional use approval for a mobile cellular communications tower.
F. 
Variances pursuant to N.J.S.A. 40:55D-70(d).
(1) 
Without site plan or subdivision approval.
(a) 
Engineering escrow: $1,500.
(b) 
Planning escrow: $2,000.
(c) 
Legal escrow: $1,500.
(2) 
With site plan and/or subdivision approval.
(a) 
Engineering escrow: $1,500 together with the escrow fees required for site plan and/or subdivision approval as required herein.
(b) 
Planning escrow: $2,000 together with the escrow fees required for site plan and/or subdivision approval as required herein.
(c) 
Legal escrow: $1,500 together with the escrow fees required for site plan and/or subdivision approval as required herein.
G. 
Variance pursuant to N.J.S.A. 40:55D-70(c), otherwise known as "bulk variances."
(1) 
Engineering escrow: $750 for the first variance applied for and $250 for each additional variance.
(2) 
Planning escrow: $750 for the first variance applied for and $250 for each additional variance.
(3) 
Legal escrow: $750 for the first variance applied for and $250 for each additional variance.
H. 
Planned residential development applications together with preliminary or preliminary and final site plan approval.
(1) 
Engineering escrow: $50 for each 10,000 square feet of lot area or part thereof to be developed, together with $100 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof together with the escrow fees required for site plan and/or subdivision approval as required herein.
(2) 
Planning escrow: $50 for each 10,000 square feet of lot area or part thereof to be developed, together with $100 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof together with the escrow fees required for site plan and/or subdivision approval as required herein.
(3) 
Legal escrow: $50 for each 10,000 square feet of lot area or part thereof to be developed, together with $100 for every 2,500 square feet of proposed principal and accessory buildings and structures or part thereof together with the escrow fees required for site plan and/or subdivision approval as required herein.
I. 
Variances in connection with signs or fences:
(1) 
Residential property.
(a) 
Engineering escrow: $250.
(b) 
Planning escrow: $250.
(c) 
Legal escrow: $250.
(2) 
Commercial property.
(a) 
Engineering escrow: $500.
(b) 
Planning escrow: $500.
(c) 
Legal escrow: $500.
J. 
Residential variances. For purposes of this chapter, "residential variances" shall mean bulk variances [N.J.S.A. 40:55D-70(c)] on a residential property consisting of one lot with an existing single-family residence. The applicant shall post an escrow deposit for legal fees in the amount of $1,000; provided, however, that the Planning Board may require additional escrow deposits for legal, planning, engineering or outside consultants should the Board determine it necessary for the fair consideration of the application.
[Amended 11-15-2004 by Ord. No. 866-04]
A. 
The Planning Board shall, by resolution, prescribe forms for applications.
B. 
All applications to the Planning Board shall be filed with the administrative officer of the Board, and the administrative officer shall stamp the date of filing thereon.
C. 
To the extent applicable, in addition to the requirements set forth in Schedule A annexed hereto, an applicant shall also comply with the requirements of Chapter 234, Trees, Article II, Tree Preservation and Removal, the provisions of which are incorporated herein and in Schedule A by reference as though set forth at length.[1]
[1]
Editor's Note: Schedule A, Developmental Application Checklist, may be found at the end of this chapter.
D. 
An application shall be complete, and shall be referred to as a "complete application," when:
(1) 
The prescribed application form fully completed and duly executed has been filed with the proper administrative officer.
(2) 
All documents in the requisite number, and in the form prescribed by this chapter, shall have been filed with the proper administrative officer.
(3) 
A certificate from the Tax Collector has been filed with the proper administrative officer stating whether any taxes or assessments for local improvements are due or delinquent.
(4) 
All fees prescribed by this chapter have been paid.
(5) 
In the event this chapter shall require that the documents be referred to other persons, or bodies, the affidavit of service thereof shall have been filed with the proper administrative officer.
(6) 
The Board, or its designee, shall have certified, within 45 days after filing thereof with the proper administrative officer, that the application is complete.
E. 
An application shall be certified as complete by the administrative officer of the Board immediately upon its meeting of all requirements specified in this chapter and shall be deemed complete the day it is so certified for purposes of the commencement of the time period for action as provided in this chapter.
F. 
If an application for development is found to be incomplete, the applicant shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee.
G. 
Development application checklists establish a completion checklist for development applications filed with the Old Tappan Planning Board in accordance with N.J.S.A. 40:55D-10.3. Said checklist would be provided to each applicant for development and utilized by the Board, or the Board's designee, in determining completeness.
H. 
Plans submitted to the Planning Board shall be accompanied by CAD-generated data files as described below. At a minimum, the initial plan submission and the final plan submission shall meet these requirements. The Board, in its discretion, may also require plan revisions that occur between initial and final submissions to be submitted in CAD format. A summary of CAD requirements is as follows:
[Added 9-19-2005 by Ord. No. 887-05]
(1) 
A datum reference of New Jersey North American datum 1993 (1996 adjustment - NAD 83) shall be utilized, unless New Jersey North American datum 1988 (NAVD 88) is available, in which case NAVD 88 shall be utilized.
(2) 
The digital CAD files shall have mapped features and associated text stored on unique layers.
(3) 
The digital CAD files shall be saved with a display view matching the submitted hardcopy prints.
(4) 
The digital CAD files shall be submitted on compact disk (CD-R).
(5) 
Acceptable drawing formats include:
(a) 
Autocad (.dwg), Release 14 or later;
(b) 
Data Exchange format (.dxf);
(c) 
Microstation (.dgn); or
(d) 
ESRI (.shp) or later.
A. 
Oaths. The officer presiding at a hearing of the Planning Board or such person as (s)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. The provisions of the County and Municipal Investigations Law[1] shall apply to such hearings.
[1]
Editor's Note: See N.J.S.A. 2A:67A-4 et seq.
B. 
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 to 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 the number of witnesses.
C. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
D. 
Records. The 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 recording in lieu thereof on request to any interested party at his/her expense; the charge shall not exceed the maximum permitted by N.J.S.A. 2A:11-15. Such transcript shall be certified, in writing, by the transcriber to be accurate.
E. 
Voting regulation; absence of Board member. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding the absence from one or more of the meetings, provided that such Board member has available a transcript or recording of the meeting from which (s)he was absent, and certifies, in writing, to the Board that (s)he has read such transcript or listened to such recording.
Whenever a hearing is required on an application for development pursuant to this chapter, the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to 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 Borough in which the applicant's land is located. This requirement shall be deemed satisfied in the case of any condominium owner whose unit has a unit above or below it by notice to the condominium association, or to the horizontal property regime in the name of any co-owner who has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his/her agent in charge of the property; or mailing a copy thereof by certified mail to the property owner at his/her address as shown on the current tax duplicate. A return receipt shall not be required.
(1) 
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.
(2) 
Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its 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.
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.
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 as 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.
G. 
All notices hereinabove specified in this chapter 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 complete upon mailing.
I. 
All notices required to be given pursuant to the terms of this chapter, Chapter 255, Zoning, and Chapter 218, Subdivision of Land, shall state the date, time and place of the hearing, the nature of the matters to be considered, the sections of the ordinance from which the application seeks any relief, 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, the location and times at which any maps and documents for which approval is sought are available as required by law.
[Amended 6-16-2003 by Ord. No. 824-03]
The administrative officer of the Planning Board or his or her designee shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in the amount of the greater of $0.25 per name or $10, plus an additional fee of $5 for labels, make and certify a list of the current tax duplicate of names and addresses of owners to whom an applicant is required to give notice pursuant to this chapter.
A. 
Applications.
(1) 
The Planning Board shall render its decision no later than 120 days after the date:
(a) 
An appeal is taken from the decision of the Building Inspector or other official or body; or
(b) 
A complete application has been filed with the Board for relief; or
(c) 
On a bifurcated application, that the completed application for variance approval is filed. The time period for granting or denying any subsequent approval on such application shall be as otherwise provided in this chapter.
(2) 
The Planning Board shall render its decision no later than 45 days from the filing of a complete application in the following matters:
(a) 
Minor subdivisions.
(b) 
Preliminary approval of a major subdivision of 10 or fewer lots and not involving a conditional use.
(c) 
Final approval of a major subdivision and not involving a conditional use.
(d) 
Preliminary approval of a site plan for 10 acres of land or less and 10 dwelling units or less, and not involving a conditional use.
(e) 
Final approval of a site plan for 10 acres of land or less and 10 dwelling units or less, and not involving a conditional use.
(3) 
The Planning Board shall render its decision not later than 95 days from the filing of a complete application in the following matters:
(a) 
Any subdivision or site plan that involves conditional use and approval.
(b) 
Preliminary approval of a major subdivision involving more than 10 lots or of a site plan involving more than 10 acres or more than 10 dwelling units.
(c) 
Any subdivision or site plan that involves exercise by the Planning Board of its power to grant variances or authorizations pursuant to § 45-8J of this chapter or pursuant to law.
B. 
Extension of time. The time within which the Planning Board is required to act may be extended with the consent of the developer.
C. 
Failure of the Board to act within time. Failure of the Planning Board to render its decision within the applicable time period set forth in this section shall constitute an approval of the application, and, at the request of the applicant, a certificate shall be issued by the Clerk or his/her designee, certifying that the Board has failed to act.
D. 
Expiration of approvals.
(1) 
Minor subdivision. A minor subdivision approval shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with the approval and with the Map Filing Law[1] or a deed clearly describing the approved subdivision is filed by the developer with the Bergen County Clerk, the Borough Engineer and the Borough Tax Assessor.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Major subdivision. Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
(3) 
Site plan. Final approval of a site plan shall expire one year from the date of Planning Board approval, unless within such time period a building permit is issued to the developer. The Planning Board may, for good cause shown, extend this one-year period for an additional period, not to exceed 90 days, upon application by the developer.
(4) 
Variance. Any variance granted by the Planning Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire unless such construction or alteration shall have been actually commenced on each and every structure permitted by such variance, or unless such permitted use has actually been commenced, within one year from the date of the determination of the Planning Board, except 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 Planning Board to the Borough Council, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
A. 
All decisions of the Planning Board on an application for development shall be by written resolution which shall set forth findings of fact and legal conclusions based thereon.
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/her 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 this chapter. A copy of this 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 Borough.
C. 
Any approval or other relief granted by the Planning Board shall be conditioned upon either the prompt payment of due or delinquent taxes or assessments, or the making of adequate provision for the payment thereof in a manner that shall adequately protect the Borough.
A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the administrative office of the Planning Board without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
A. 
Any interested party may appeal to the Council any final decision of the Planning Board approving an application for development pursuant to N.J.S.A. 40:55-70(d). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 45-32. The appeal to the Council shall be made by serving the Borough Clerk in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his/her attorney, if represented. Such appeal shall be decided by the Council only upon the record established before the Planning Board.
B. 
Notice of the meeting to review the record below shall be given by the Council by personal service or certified mail, to the appellant, to those entitled to notice of a decision pursuant to § 45-28 and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 45-27D.
C. 
The Council shall conclude a review of the record below not later than 95 days from the date of publication of the notice of decision below, pursuant to § 45-32 of this chapter, unless the applicant consents, in writing, to an extension of such period. The appellant shall:
(1) 
Within five days of service of the notice of appeal pursuant to Subsection A above, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less; or
(2) 
Within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk. Otherwise, the appeal may be dismissed for failure to prosecute.
Failure of the Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the applicant, shall constitute a decision affirming the action of the Board.
D. 
The Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board, as the case may be.
E. 
The affirmative vote of a majority of the full authorized membership of the Council shall be necessary to reverse, remand or modify any final action of the Board.
F. 
An appeal to the Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Planning Board certifies to the Council, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Planning Board and on good cause shown.
G. 
The Council shall mail a copy of the decision to the appellant or if represented then to his/her attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Borough Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if (s)he so desires. The Council may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Borough or the applicant.
No member of the Planning Board shall act on any matter in which (s)he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, (s)he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
At the request of a developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development.
B. 
The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review was requested, and the Planning Board shall not be bound by any such review.
C. 
A concept plan for development intended for the Planning Board's informal review shall be in the form of a letter to the Board containing a brief description of the development proposed. Such letter shall be filed with the Board secretary not less than five days prior to the meeting at which the applicant seeks review and discussion of the plan and shall be accompanied by copies of any informal maps, plats or drawings which the applicant may wish to use to illustrate the concept.[1]
[1]
Editor's Note: Former Art. IV, Development Fees, as amended, and which immediately followed this section, was repealed 3-18-2019 by Ord. No. 1144-19.