No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
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 applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on request of any two Board members, which shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present. A "quorum" is defined as five for the Planning
Board and four for the Zoning Board.
D.
All actions shall be taken by a majority vote of the
members of the Board present at the meeting, except as otherwise required
by N.J.S.A. 40:55D-17, 40:55D-26, 40:55D-32, 40:55D-34, 40:55D-62,
40:55D-63 and 40:55D-70. Failure of a motion to receive the number
of votes required to approve an application for development pursuant
to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 40:55D-70,
shall be deemed an action denying the application.
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 municipal regulations and the Open Public Meetings
Act.[1] An executive session for the purpose of discussing and
studying any matters that come before the Board cannot be deemed a
regular or special meeting within the meaning of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F.
If the
Planning Board lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chair
of the Board of Adjustment shall make the choice.[2]
G.
If the
Board of Adjustment lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chair of the
Planning Board shall make the choice.[3]
A.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the Board and of all 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 Municipal Clerk.
B.
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.
A member or alternate of a Board who is absent
for one or more of the meetings at which the hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings; provided,
however, that such Board member or alternate has available to him
the transcript or recording of all of the hearing from which he was
absent and certifies in writing to the Board that he has read such
transcript or listened to such recording.
[Amended 11-9-2020 by Ord. No. 20-04]
A.
Fees.
|
Application fee
| |
|
Residential, nonrefundable
|
$100
|
|
Commercial/nonresidential, nonrefundable
|
$500
|
|
Use variance, nonrefundable
|
$500
|
|
Fee for extension of approval or site plan approval
| |
|
Nonrefundable: residential
|
$250
|
|
Nonrefundable: commercial/nonresidential
|
$500
|
|
Escrow fee
| |
|
Deposit, residential
|
$750
|
|
For construction of new single-family home
|
$900
|
|
Deposit minimum, use variance
|
$2,500
|
|
Deposit, expansion of nonconforming use
|
$1,500
|
B.
Escrow
fees for all applications before the Zoning Board. Upon receipt of
an application requiring professional services, the Board Secretary
shall send a copy of the application to the Municipal Engineer and
the appropriate professional consultants. Within seven days of receipt
of a copy of the application, said professional consultant shall submit
an estimate of the funds sufficient to pay for the technical reviews,
reports and other services they deem will be necessary concerning
the application. After receipt of such estimated fees, the approving
authority shall determine the funds necessary to pay its professional
consultants for anticipated services to be rendered concerning the
application, and the applicant shall forthwith deposit the required
funds with the municipality to be maintained in an escrow account
to be used for the payment of professional services rendered to the
approving authority by its consultants in the following manner:
(1)
The professional consultant shall submit vouchers to the municipality
for the services and, upon approval of the approving authority, the
voucher shall be paid from the applicant's escrow account. The
applicant may request of the approving authority copies of vouchers
submitted for payment from the applicant's escrow account and
may request the opportunity to be heard by the approving authority
concerning such vouchers prior to being approved for payment.
(2)
The balance remaining in the applicant's escrow account upon
final action on the application shall be returned to the applicant.
(3)
In the event the funds deposited by the applicant are found to be
insufficient to pay the approving authority's professional consultants
for their services, the approving authority may require the applicant
to deposit additional funds with the municipality for that purpose.
(4)
The Board Secretary shall notify the approving authority's professional
consultants when the escrow deposits have been made and that they
may begin their reviews of the application.
(5)
The approving authority shall take no formal action concerning the
application unless the application fees and escrow fees have been
paid to the municipality.
An application to either the Woodcliff Lake
Planning Board or Woodcliff Lake Zoning Board shall not be considered
complete until the following submission requirements have been complied
with for each type of application.
A.
Minor subdivision, preliminary or final major subdivisions,
preliminary or final site plan. An application shall be considered
complete when:
(1)
The appropriate application form, as provided by the
Borough of Woodcliff Lake, fully completed and duly executed, has
been filed with the proper Board.
(3)
A certificate from the Tax Collector stating whether
any taxes or assessments are due or delinquent shall be filed with
the proper Board.
(4)
Proof that all fees required have been paid or posted
has been filed.
(5)
The administrative officer or Secretary of the Board
to which the application has been made shall have certified, in writing,
that the application is complete.
B.
Conditional uses.
(1)
An application shall be considered complete upon receipt
by the appropriate Board of:
(a)
A fully executed application form for such use
as provided by the Borough of Woodcliff Lake.
(b)
Drawings, of proper sheet size prescribed by
the New Jersey Map Filing Act, on a scale of one inch equaling 20
feet, with a date of preparation, referenced meridian graphic scale,
key map showing the location of the tract, with reference to surrounding
properties and existing street intersections, containing the name
and address of the owner and applicant and their interest in the property,
showing the entire tract with the title of development and the name
of the licensed professional engineer, surveyor, architect or planner
who prepared the drawing, with license number and seal imprinted.
[1]
The drawing or drawings shall also show the
boundary of the property and its dimensions, the location of existing
buildings and structures, including fences, retaining walls, culverts
and bridges, structures to be removed being indicated by dashed lines
and those to remain being indicated by solid lines, the number and
type of all proposed uses to occupy the building and floor space,
the location, name and width of rights-of-way, pavements, curbs and
sidewalks of all abutting streets, location of existing sanitary or
storm sewers, location of wooded areas, plus location of single trees
not in wooded areas with a diameter of six inches or more as measured
three feet above the base of the trunk, land coverage by buildings
and square footage and percentage of total site, location and size
of proposed driveways and curb cuts and/or walkways and any other
means of controlling vehicular and pedestrian traffic, the location
and scale design of off-street parking areas, directional traffic
flow and planting areas.
[2]
The drawing or drawings shall also contain location
of water mains and hydrants, existing and proposed, and the location
and direction of lumination, fencing, screening, retaining walls and
landscaping.
(c)
A certificate from the Tax Collector stating
whether any taxes or assessments for local improvements are due or
unpaid, which shall be filed with the Planning Board and administrative
officer.
(d)
Proof that all fees have been paid or posted.
(2)
The administrative officer or Secretary of the Board
to which the application has been made shall have certified, in writing,
that the application is complete.
C.
(1)
An application shall be considered complete upon receipt
by the appropriate Board of:
(a)
A fully executed application form for said requested
variance, said form as provided by the Borough of Woodcliff Lake.
(b)
A copy of the decision or order of the Zoning
Officer on which the application is based.
(c)
A copy of the notice to the Zoning Officer indicating
that an appeal from his decision has been made.
(d)
A complete list, certified by the Borough, containing
the names and addresses of owners of all property within 200 feet
from all points of the property to be affected by the application.
(e)
Twelve sets of drawings of the premises in question
and a block diagram with street numbers, lot and block numbers with
all lot dimensions showing the character and the occupancy within
200 feet, with points of the compass indicated, and said drawings
shall also include a ground or footprint plan of the building and
typical floor plan, with all measurements.
(f)
Photographs of the vicinity of the property
in question.
(g)
A survey of the premises in question, certified
by a licensed professional civil engineer or surveyor of the State
of New Jersey.
(h)
A plot plan of the premises in question showing
all buildings or proposed buildings located on or to be located on,
including lot dimensions, building dimensions and building locations.
(i)
Proof of payment of all filing fees.
(j)
A certificate from the Tax Collector stating
whether any taxes or assessments are due or delinquent.
(2)
An application shall not be deemed complete unless
the municipal engineer of the Board to which the application has been
made shall have certified in writing that the application is complete.
[Amended 11-9-2020 by Ord. No. 20-04]
D.
Fees payable on approval of any minor or major subdivision. Upon the approval of any minor or major subdivision, the applicant shall pay to the Borough a fee, as set forth in Chapter 163, Fees, for the purpose of updating and amending the Borough Tax Map to reflect any necessary changes occasioned by said subdivision.
[Added 9-8-1992 by Ord. No. 92-5[1]]
A.
Rules. The Planning Board and Zoning Board of Adjustment
shall make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this 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, N.J.S.A. 2A:67A-1 et seq., shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either 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.
Whenever a hearing is required on an application
for development pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq. or pursuant to the determination of the municipal agency in question,
the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
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 as
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.
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, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the county 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 Municipal Clerk.
G.
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 Board holding the hearing on the application for development.
H.
Any notice made by certified mail, as hereinabove
required, shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
I.
All notices required to be given pursuant to the terms
of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the
property proposed for development by street address, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office and the location and times
at which any maps and documents for which approval is sought are available
as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee, as set forth in Chapter 163, Fees, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to provisions hereinabove made.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon, or a
memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the Board voted to
grant or deny approval. Only the members of the Board who voted for
the action taken may vote on the memorializing resolution, and the
vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action resulting from the failure of a motion to
approve an application shall be memorialized by resolution as provided
here, with those members voting against the motion for approval being
the members eligible to vote on the memorializing resolution. The
vote on any such resolution shall be deemed to be a memorialization
of the action of the Board and not to be an action of the Board; however,
the date of the adoption of the resolution shall constitute the date
of the decision for purposes of the mailings, filing and publications
required.
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 this 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 Municipal
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 Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be. The municipality may make
a reasonable charge for its publication.
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 to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on 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.
