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.
All building permits shall be issued in accordance
with the provisions of the Borough Code.
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:
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.
No certificate of occupancy shall be issued
for any new building, for any addition or alteration to an existing
building, or for any change in use of a building unless the building
and its appurtenances conform in all respects to an approved site
plan or an approved amendment to an approved site plan.
[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.
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):
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.
K.
Any other application to the Planning Board not previously
specified: $200 for each application.
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:
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.
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).
(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."
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.
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).
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:
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.
