A.
Planning Board as approving authority. In accordance
with the Municipal Land Use Law,[1] the Planning Board shall act as approving authority for
subdivision plats as a condition for filing such plats with the county
recording officer, either individually or as part of a simultaneous
application with other governmental agencies:
(1)
For minor subdivisions.
(2)
For preliminary and final major subdivisions.
(3)
For minor and major subdivisions which also require
conditional use approval.
(4)
For minor and major subdivisions which also require
site plan approval.
(5)
For minor and major subdivisions which also require planned development approval (when authorized by Chapter 380, Zoning).
(6)
For minor and major subdivisions in which a variance
is requested (pursuant to the provisions of N.J.S.A. 40:55D-60).
[Amended 2-18-1980 by Ord. No. 80-2]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Board of Adjustment as approving authority. In accordance
with the Municipal Land Use Law, the Board of Adjustment shall act
as approving authority for subdivision plats as a condition for filing
such plats with the county recording officer when a use variance,
pursuant to the provisions of N.J.S.A. 40:55D-70, Subdivision d, is
requested and a subdivision is required as part of the application.[2]
[2]
Editor's Note: Original § 3.130,
Planning Board and Board of Adjustment acting as approving authorities,
which immediately followed this subsection, was repealed 2-18-1980
by Ord. No. 80-2.
C.
Exceptions from application of subdivision regulations.
The approving authority, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements of this chapter as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review if the literal enforcement of one or more provisions of this
chapter is impractical or will exact undue hardship because of the
peculiar conditions pertaining to the land being subdivided.
D.
Simultaneous review and approval. The approving authority
shall have the power to review and approve one or more land use ordinance
requirements simultaneously with review for subdivision approval without
the applicant being required to make further application to the approving
authority or the approving authority being required to hold further
hearings. When such simultaneous action is being taken by the approving
authority, the longest time period for action by the approving authority,
whether it is for subdivision, conditional use, site plan approval
or variance, shall apply to the application. Whenever approval of
a conditional use or a use variance is requested by the applicant,
notice of the hearing on the subdivision application shall include
reference to the request for such conditional use or use variance.
E.
Informal review of concept plan. At the request of
a developer, the approving authority shall grant an informal review
of a concept plan for a development for which the developer intends
to prepare and submit an application for development. The developer
shall not be required to submit any fees for such an informal review.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
[Added 2-18-1980 by Ord. No. 80-2]
A.
Application fees. The application fees for subdivisions
shall be as set forth in Schedule A of this chapter[1] and shall be paid with the filing of the application in
cash or certified or bank check to the municipality.
[1]
Editor's Note: Schedule A is on file in the
office of the Borough Administrator.
B.
Inspection fees.
(1)
The applicant shall deposit the sum of 6% of the estimated
cost of the improvements required by the subdivision approval to pay
the municipality's engineering and inspection expenses related to
the construction and installation of the improvements, together with
a sum sufficient in the opinion of the approving authority to pay
the municipality for its legal, planning, recording and other cost
regarding the subdivision.
(2)
In the event that the municipality's engineering,
legal, planning, recording and other costs regarding the subdivision
shall be less than the sum deposited by the applicant, the municipality
shall refund to the applicant the excess deposit upon accepting the
improvements. In the event that the municipality's expenses exceed
the amount deposited by the applicant, the applicant shall deposit
additional funds with the municipality for the payment of such expenses.
C.
Fees for specific services. The fees for reproduction
of minutes of meetings, transcripts, copies of decisions and certified
lists of persons requiring notice and other miscellaneous services
shall be as set forth in Schedule B[2] of this chapter.
[2]
Editor's Note: Schedule B is on file in the
office of the Borough Administrator.
D.
Escrow fees.
(1)
When required.
(a)
In addition to the required application fees,
the applicant shall be required to establish one or more escrow accounts
with the municipality for the purpose of paying the municipality's
expenses for professional services concerning the application.
(b)
Escrow fees shall be required for:
[1]
Preliminary subdivision approval.
[2]
Final subdivision approval.
[3]
Any subdivision requiring conditional use approval.
[4]
Any subdivision requiring site plan approval.
[5]
Any subdivision requiring planned development approval (when authorized by Chapter 380, Zoning).
[6]
Any subdivision requiring a variance.
(2)
How determined. Upon receipt of an application requiring
escrow fees, the administrative officer shall send a copy of the application
and one set of all maps and reports to the Municipal Engineer, the
approving authority attorney and any other approving authority professional
consultants. Within seven days of the receipt of a copy of the application,
said professional consultants shall submit an estimate of the funds
sufficient in amount 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:
(a)
The professional consultants shall submit vouchers
to the municipality for their services and, upon approval of the approving
authority, the vouchers 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 their being approved for payment.
(b)
The balance remaining in the applicant's escrow
account upon final action on the application shall be returned to
the applicant.
(c)
In the event that 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.
(d)
The administrative officer 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.
(e)
The approving authority shall take no formal
action concerning the application unless all application fees and
escrow funds have been paid to the municipality.
C.
Availability of maps and documents prior to hearing.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days prior
to the date of the hearing during normal business hours in the office
of the Municipal Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previous filed maps and documents.
D.
Notice of public hearings.
[Amended 2-18-1980 by Ord. No. 80-2]
(1)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located in the state, and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by:
(2)
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.
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 matter of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners
or homeowners on account of such common elements or areas.
(3)
Said notice shall state the date, time and place of
the hearing; the nature of the application and the matters to be considered
by the approving authority; and the identification of the property
proposed for subdivision or development by its street address and
current tax lot and block numbers. The notice shall also state that
the maps and documents concerning the application will be available
for public inspection at the Municipal Clerk's office during normal
business hours.
(4)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(5)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the municipality at least
10 days prior to the public hearing.
(6)
Proof of service upon property owners and proof of
publication in affidavit form shall be submitted to the administrative
officer at least 48 hours prior to the public hearing.
E.
Certification of list of persons entitled to notice. Upon the written request of an applicant, the Tax Assessor or, in the Assessor's absence, the Borough Engineer, shall, within 10 business days, make and certify a list from said current Tax Map and tax duplicate of the lot and block numbers and names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on said list shall not invalidate any hearing or proceeding. The applicant shall pay a fee as set forth in Chapter 163, Fees, for such list.
F.
Other notifications.
(1)
Adjoining municipalities. 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.
(2)
Bergen County Planning Board. Notice of all hearings
on applications for the 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 the municipal boundary shall be given by personal service
or certified mail to the Bergen County Planning Board.
(3)
Commissioner of Transportation. Notice of all hearings
on applications for development of property adjacent to a state highway
shall be given by personal service or certified mail to the New Jersey
Commissioner of Transportation.
(4)
Department of Community Affairs. Notice of all hearings
on any applications for development of property which exceeds 150
acres or 500 dwelling units shall be given to the New Jersey Division
of State and Regional Planning in the Department of Community Affairs.
The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk concerning such application.
(5)
Effect of mailing notice. Notice made by certified
mail shall be deemed complete upon mailing.
G.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographer, mechanical or electronic means. The approving authority
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense. The charge to an
interested party for a transcript shall not be more than the actual
cost of preparing the transcript, and such transcripts shall be certified,
in writing, by the transcriber to be accurate.
[Amended 2-18-1980 by Ord. No. 80-2[2]]
H.
Written findings and conclusions.
[Amended 2-18-1980 by Ord. No. 80-2]
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of fact and conclusions based thereon.
(2)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(3)
The approving authority may provide such written decision
and findings and conclusions either on the date of the meeting at
which the approving authority grants or denies approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the approving authority thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the approving authority who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the approving
authority and not to be an action of the approving authority; except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
(5)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of decision for purposes of the mailings, filings
and publications required by law.
I.
Notification of decision. A copy of the decision shall
be mailed by the approving authority within 10 days of the date of
the decision to the applicant or, if represented, to his attorney
without separate charge and to all who may request a copy of the decision
for a reasonable fee. A copy of the decision shall also be filed by
the approving authority in the office of the administrative officer.
The administrative officer shall make a copy of such filed decision
available to any interested party for a reasonable fee and available
for public inspection at his office during reasonable hours.
J.
Certificates showing approval.
[Added 2-18-1980 by Ord. No. 80-2]
(1)
A prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
may apply, in writing, to the administrative officer for issuance
of a certificate certifying whether or not such subdivision has been
approved by the approving authority. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate, and the name of the owner thereof. The administrative
officer shall make and issue such certificate within 15 days after
the receipt of such written application and payment of the fees therefor.
The administrative officer shall keep a duplicate copy of each such
certificate, consecutively numbered, including a statement of the
fee charged, in a binder as a permanent record of his office.
(2)
Each such certificate shall be designated a certificate
as to approval of subdivision of land and shall certify:
(a)
Whether there exists in the municipality a duly
established Planning Board and whether there is an ordinance controlling
subdivision of land;
(b)
Whether the subdivision, as it relates to the
land shown in said application, has been approved by the Planning
Board and, if so, the date of such approval and any extensions of
terms thereof, showing that the subdivision of which the lands are
a part is a validly existing subdivision; and
