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.[1]
[1]
Editor's Note: See Ch. 31, Ethics, Code of.
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of completed applications for development to process.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum, except as otherwise required by any provision of Chapter 291, Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975.[2] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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.
(b) 
Major subdivision: $200.
(c) 
Minor site plan: $150.
(d) 
Major site plan: $300.
(e) 
Variance: $100.
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.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-2.
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:
(a) 
New construction.
(b) 
Add-a-level or dormer.
(c) 
Additions.
(d) 
Steps.
(e) 
Decks.
(f) 
Patios.
(g) 
Pools.
(h) 
Porches.
(i) 
Hot tubs or portable spas.
(j) 
Garages or carports.
(k) 
Generators.
(l) 
Sheds.
(m) 
Retaining walls.
(n) 
Signs and awnings.
(o) 
Fences.
(p) 
Driveways.
(q) 
Central air conditioners.
(r) 
Commercial space.
(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.
A. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitation as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. Such interested party shall be charged a fee for the transcript or a duplicate recording as provided for in the rules of the Board.
[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.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
(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. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include 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 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 the Board for such service. A copy of the 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 municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the 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.
A. 
Pursuant to the provision of N.J.S.A. 40:55D-22, an application for development submitted to the Planning Board or Zoning Board of Adjustment proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board or Zoning Board of Adjustment shall process such application for development in accordance with said Act and this chapter, or rules and regulations as established by said Boards, and, if such application for development complies with the Borough's development regulations, the Planning Board or Zoning Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board or Zoning Board of Adjustment, the Planning Board or Zoning Board of Adjustment shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that said Boards shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Planning Board or Zoning Board of Adjustment is prevented or relieved from so acting by the operation of law.
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.