No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, a personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating hereto.
The Code of Ethics of the Borough of Rutherford shall be applicable
in these matters.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
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 for his use as
provided for in the rules of the Board.
[Amended 9-8-1982 by Ord. No. 2325-82; 12-17-1985 by Ord. No. 2424-85; 12-1-1982 by Ord. No. 2667-92; 6-17-1997 by Ord. No. 2803-97]
In addition to those established elsewhere in
this Code, all applicants or appellants to the Planning Board, Board
of Adjustment, Construction Code Officials or Mayor and Council shall
pay the following:
A. Minor subdivision or resubdivision.
(1) At the time of filing a sketch plat for a minor subdivision, the subdivider shall deposit with the Borough Clerk a filing fee of $300, by check made payable to the Borough of Rutherford, to cover the administrative costs of the Borough, together with an amount in cash to be held by the Borough in escrow of $1,500 which shall be charged for the actual out-of-pocket expenses to the Borough for services rendered to it, including but not limited to legal and engineering fees. If the subdivision is classified by the Planning Board as a major subdivision, the subdivider shall promptly deposit the amount required by Subsection
B(1) hereof, but he shall receive a credit for any amount paid pursuant to this section.
[Amended 11-23-2009 by Ord. No. 3192-09]
(2) When the amount deposited under this subsection for
the actual out-of-pocket expenses of the Borough has been obligated
or exhausted, the subdivider shall, upon request, deposit additional
amounts as required for legal, engineering, publication, filing, recording,
transcribing and similar items within two weeks of notification by
the Borough Clerk and prior to the time the Borough authorizes further
expenditures.
B. Major subdivision.
(1) At the time of filing a sketch plat for a major subdivision,
the subdivider shall deposit with the Borough Clerk a filing fee of
$500 plus $400 per lot to be created by such major subdivision, by
check make payable to the Borough of Rutherford, to cover the administrative
costs of the Borough, together with an amount in cash to be held by
the Borough in escrow of $2,000 which shall be charged for actual
out-of-pocket expenses of the Borough for services rendered to it,
including but not limited to legal and engineering fees.
[Amended 11-23-2009 by Ord. No. 3192-09]
(2) When the amount deposited under this subsection for
the actual out-of-pocket expenses of the Borough has been obligated
or exhausted, the subdivider shall, upon request, deposit additional
amounts as required to cover further out-of-pocket expenses of the
Borough for legal, engineering, publication, filing, recording, transcribing
and similar items within two weeks of notification and prior to the
time the Borough authorizes further expenditures.
C. Chapter
131, Zoning, interpretations pursuant to N.J.S.A. 40:55D-70b: $250.
D. Use variance pursuant to N.J.S.A. 40:55D-70d: $300,
together with an amount in cash to be held by the Borough in escrow
of $1,000, which shall be charged for actual out-of-pocket expenses
of the Borough for services rendered to it, including but not limited
to legal and engineering fees. When the amount deposited under this
subsection for the actual out-of-pocket expenses of the Borough has
been obligated or exhausted, the subdivider shall, upon request, deposit
additional amounts as required to cover further out-of-pocket expenses
of the Borough for legal, engineering, publication, filing, recording,
transcribing and similar items within two weeks of notification and
prior to the time the Borough authorizes further expenditures.
[Amended 11-23-2009 by Ord. No. 3192-09]
E. Variance applications other than use variances by
the Board of Adjustment: $300, together with an amount in cash to
be held by the Borough in escrow of $1,000, which shall be charged
for actual out-of-pocket expenses of the Borough for services rendered
to it, including but not limited to legal and engineering fees. When
the amount deposited under this subsection for the actual out-of-pocket
expenses of the Borough has been obligated or exhausted, the subdivider
shall, upon request, deposit additional amounts as required to cover
further out-of-pocket expenses of the Borough for legal, engineering,
publication, filing, recording, transcribing and similar items within
two weeks of notification and prior to the time the Borough authorizes
further expenditures.
[Amended 11-23-2009 by Ord. No. 3192-09]
F. Minor site plan.
(1) At the time of filing a sketch plat for a minor site
plan, the applicant shall deposit with the Borough Clerk a filing
fee of $300, by check made payable to the Borough of Rutherford, to
cover administrative costs of the Borough together with an amount
in cash to be held by the Borough in escrow of $1,500, which shall
be charged for the actual out-of-pocket expenses of the Borough for
services rendered to it, including but not limited to legal and engineering
fees.
(2) When the amount deposited under the subsection for
the actual out-of-pocket expenses of the Borough has been obligated
or exhausted, the applicant shall, upon request, deposit additional
amounts as required to cover further out-of-pocket expenses of the
Borough for legal, engineering, publication, filing, recording, transcribing
and similar items within two weeks of notification and prior to the
time the Borough authorizes further expenditures.
G. Major site plan.
(1) At the time of filing a sketch plat for a major site
plan, the applicant shall deposit with the Borough Clerk a filing
fee of $600, by check made payable to the Borough of Rutherford, to
cover administrative costs of the Borough, together with an amount
in cash to be held by the Borough in escrow of $2,500, which shall
be charged for the actual out-of-pocket expenses of the Borough for
services rendered to it, included but not limited to legal and engineering
fees.
[Amended 11-23-2009 by Ord. No. 3192-09]
(2) When the amount deposited under this subsection for
the actual out-of-pocket expenses of the Borough has been obligated
or exhausted, the applicant shall, upon request, deposit additional
moneys as required to cover further out-of-pocket expenses of the
Borough for legal, engineering, publication, filing, recording, transcribing
and similar items within two weeks of notification and prior to the
time the Borough authorizes further expenditures.
H. Simultaneous applications for site plan review and
subdivision and/or variance applications shall be charged the filing
fees established for each application as if filed separately.
I. All other applications, including but not limited
to conditional use approval or an application for issuance of a permit
pursuant to N.J.S.A. 40:55D-34 or 40:55D-36: $250, together with an
amount in cash to be held by the Borough for services rendered to
it, including but not limited to legal and engineering fees. When
the amount deposited under this subsection for the actual out-of-pocket
expenses of the Borough has been obligated or exhausted, the applicant
shall, upon request, deposit additional amounts as required to cover
further out-of-pocket expenses of the Borough for legal, engineering,
publication, filing, recording, transcribing and similar items within
two weeks of notification and prior to the time the Borough authorizes
further expenditures.
J. Reinstatement of dismissed applications: $150.
K. Resubmission of minor and/or major subdivision applications,
following previously granted approval by the Planning Board, caused
by failure of the applicant to file said subdivision map and/or deed
as required by the Municipal Land Use Law: $200.
L. Informal review of concept plan.
(1) At the time of filing a sketch plat for an informal
review by the Planning Board pursuant to N.J.S.A. 40:55D-10.1, the
applicant shall deposit with the Borough Clerk a filing fee as listed
below. The amount of any fee so deposited shall be a credit toward
the fee required to be deposited at the time a formal application
for said development project is filed with the Board.
(a)
Minor subdivisions: $150.
M. Miscellaneous.
(1) List of owners requiring notice: $10 or $0.25 per
listed owner, whichever is greater.
(2) Reproducing, by photostat or otherwise, any public
record: the per copy charge established by statute.
N. At the time of filing a sketch plat for a subdivision
or site plan involving property on which wetlands are located, the
applicant shall deposit with the Borough Clerk a filing fee of $500,
by check made payable to the Borough of Rutherford, to cover administrative
and engineering costs of the Borough. Said amount shall be in addition
to any fees required to be deposited pursuant to this section.
O. Special meetings. At the time of filing a request
for a special meeting of the Planning Board or Board of Adjustment,
the applicant shall deposit with the Borough Clerk a filing fee of
$500, plus the cost of fees paid to professionals to attend said meeting,
by check made payable to the Borough of Rutherford, to cover administrative
costs of the Borough. Said amount shall be in addition to any fees
required to be deposited pursuant to this section. The escrow deposit
required for a special meeting is hereby set at a minimum of $1,000;
however, based on the nature of the matter and whether it is determined
by the Board to be complicated, it may be increased to an amount which
the Board feels is adequate to ensure payment of professional fees.
[Added 9-3-1997 by Ord. No. 2811-97; amended 11-23-2009 by Ord. No. 3192-09]
P. Appeal application submitted pursuant to Code §
51-9.1.
[Added 12-1-1998 by Ord. No. 2872-98]
(1) At the time of filing an application pursuant to Code
§ 51-91.1, the applicant shall deposit with the Borough
Clerk a filing fee of $100, by check made payable to the Borough of
Rutherford, to cover the administrative costs of the Borough, together
with an amount in cash to be held in escrow of $500 which shall be
charged for the actual out-of-pocket expenses to the Borough for services
rendered to it, including but not limited to legal and engineering
fees.
(2) When the amount deposited under this subsection for
the actual out-of-pocket expenses of the Borough has been obligated
or exhausted, the applicant shall, upon request, deposit additional
amounts as required for legal, engineering, filing, recording, transcribing
and similar items within two weeks of notification by the Borough
Clerk and prior to the time the Borough authorizes further expenditures.
Q. Zoning review.
[Added 10-14-2014 by Ord. No. 3340-14; amended 4-27-2015 by Ord. No. 3365-15]
(1) A fee
of $30 shall be charged by the Building Department for zoning review.
The fee of $30 shall include, but is not limited to, the following:
(i)
Hot tubs or portable spas.
(q)
Central air conditioners.
(2) Applications for zoning review requests shall be kept on file in
the Building Department.
R. Tax Map revision.
[Added 8-14-2017 by Ord.
No. 3427-17]
(1) In addition to any other fees or deposits required by this chapter, an application for development which is approved and results in a change or revision to the Tax Map of the Borough shall pay an additional fee to the Borough to cover the cost for changes or revisions to the Tax Map. This additional fee shall be the greater of $300 per lot or unit created by the application or the amount determined in accordance with Subsection
R(2). This fee shall be paid to the Borough Clerk and shall be paid prior to the issuance of any certificate of occupancy for the approved application.
(2) Notwithstanding Subsection
R(1) above, if the Borough Engineer determines that the cost for revision of the Tax Map is greater than the fee set forth at Subsection
R(1), the Borough Engineer shall advise the applicant of the additional fee and the reasons therefor.
[Amended 3-7-1989 by Ord. No. 2530-89; 9-17-1991 by Ord. No. 2623-91; 12-30-1991 by Ord. No. 2636-91]
A. Notice shall be given to public utilities and cable
television companies that possess rights-of-way or easements situated
within the limits of the property that is the subject of minor subdivision
or site plan applications. Such notice shall be given by serving a
copy thereof on the corporate secretary of all public utilities and
the general manager of all cable television companies or by mailing
a copy thereof by certified mail.
B. Whenever a hearing is required on an application for
development pursuant to N.J.S.A. 13:17-16 and 40:55D-1 et seq. the
applicant shall give notice thereof at his expense as follows:
(1) Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
(2) Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof by certified mail to the property owner at his address shown
on said current tax duplicate. A return receipt is not required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
(3) 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, which notice shall be in addition to the notice required to be given pursuant to §
51-31B(2) of this Article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(5) 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.
(6) 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 Municipal Clerk pursuant to Section 6b of Chapter
291 of the Laws of New Jersey 1975.
(7) Notice shall be given by personal service or certified
mail to the corporate secretary of all public utilities and the general
manager of all cable television companies that own land or any facility
or that possess a right-of-way or easement within 200 feet of the
subject premises.
(8) All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the administrative officer for the Board holding the hearing on the
application for development.
(9) Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
C. Form of notice. All notices required to be given pursuant
to the terms of this section shall state the date, time and place
of the hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the Borough of Rutherford shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $15, make and certify a list from the current tax duplicate of names and addresses of owners of whom the applicant is required to give notice pursuant to Article
III, §
51-31B(2) of this chapter.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the administrative officer and paid for by the
applicant in accordance with the rules and regulations set forth by
the respective Board. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
Any member of the Planning Board or Board of
Adjustment may (except a Class I member of the Planning Board), after
public hearing if he requests it, be removed by the governing body
for cause. Cause shall be, but is not limited to, absence from four
regular meetings during the current year or absence from three consecutive
regular meetings during the current year.