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.
[Amended 7-2-1985 by Ord. No. 961]
A. Every municipal agency shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency.
B. Regular meetings of the municipal agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
C. The municipal agency may hold special meetings at
the call of the Chairman or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations.
D. No action shall be taken at any meeting without a
quorum being present.
E. All actions shall be taken by a majority dote of the
members present at the meeting, except as otherwise required by §§ 23,
25, 49, 50, 8e, 17a, 17b, and 57d of the Municipal Land Use Act (See
N.J.S.A. 40:55D-4, 55D-62, 55D-63; Subdivision e of 55D-17, Subdivision
a and b of 55D-26, and Subdivision d of 55D-70d.)
F. Failure of a motion to receive the number of votes
required to approve an application for development pursuant to the
acceptable vote requirements of N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-70
shall be deemed an action denying the application.
G. Nothing herein shall be construed to contravene any
statute providing for procedures for the governing body.
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
Township 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 4-17-1979 by Ord. No. 798; 7-2-1985 by Ord. No.
961; 4-10-1990 by Ord. No. 1083; 11-18-1991 by Ord. No. 1128]
A. All fees as hereinafter required shall be payable
to the Planning Board or Board of Adjustment, as the case may be,
at the time of filing any application for development. All permits,
determinations, resolutions or certificates of approval are subject
to the payment of all fees provided for by ordinance, and no approval
shall be given by the Planning Board or Board of Adjustment until
proof has been submitted that requisite fees have in fact been paid.
B. In addition to those established elsewhere by ordinance,
applicants or appellants to the Planning Board, Board of Adjustment,
Zoning Administrator or Township Committee shall pay the following
applicable fees:
(1) Copy of decision (resolution), per page or part thereof:
$1.
(2) Publication in newspaper of notice of hearing and
notice of final decision: cost of publication.
(3) Copies of minutes of meetings, per page or part thereof:
$1.
(4) Copies of rules and regulations, per page or part
thereof: $1.
(5) Copies of transcript: cost.
(6) Review of recorded proceedings or duplicate recording
of proceedings: $15.
(7) Copies of notices of all meetings, annual fee: $25.
(8) Minor subdivision application: $350.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(9) Preliminary plat for a major subdivision: five hundred
twenty-five dollars ($500), plus $100 for each lot.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(10)
Final plat for a major subdivision: $425, plus
$100 for each lot.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(11)
Combined preliminary and final site plan.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(a)
Combined preliminary and final site plan: $575.
(b)
Combined preliminary and final site plan for
multifamily residential: $200, plus $25 for each proposed dwelling
unit.
(12)
Preliminary site plan: $350.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(13)
Final site plan: $300.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(14)
Minor site plan: $350.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(15)
Fence zoning permit: $75.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(16)
Certificate of occupancy in L-1/L-2/B-5 Zones: $30. Note: In addition, the applicant shall pay the requisite Uniform Construction Code fee as provided in Chapter
108, Construction Codes, Uniform, as amended and supplemented.
(17)
Conditional use and deviation from conditional
use, all applications: $625. This fee is in addition to any other
fee required for site plan review or subdivision approval.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(18)
Use variance application pursuant to N.J.S.A.
40:55D-70d: $625 for use variance application and $75 for each additional
variance requested in connection with the same application. This is
in addition to any other fee required for site plan review or subdivision
approval.
[Amended 7-5-2011 by Ord. No. 1657; 11-5-2012 by Ord. No. 1702]
(19)
Variance application pursuant to N.J.S.A. 40:55D-70c:
$250 for first variance and $75 for each additional variance requested
in connection with the same application. This fee is in addition to
any other fee required for site plan review or subdivision approval.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657; 11-5-2012 by Ord. No. 1702]
(20)
Interpretations of the Zoning Map or Ordinance and appeals from a decision by an administrative officer
based on or made in the enforcement of a zoning ordinance or from
any decisions upon other special questions: $250.
[Amended 3-1-1994 by Ord. No. 1193; 4-1-2003 by Ord. No.
1432; 7-5-2011 by Ord. No. 1657]
(21)
Application for waiver, amendment or modification
of prior subdivision or site plan or variance approval provisions
not involving new buildings or structures or additions thereof: $250.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No.
1657]
(22)
Special public hearings. Request by the applicant
for a separate meeting other than the regularly scheduled meeting:
$1,250.
[Amended 4-1-2003 by Ord. No. 1432; 3-6-2007 by Ord. No.
1551; 7-5-2011 by Ord. No. 1657]
(23)
Inspection/professional fees: initial escrow
deposit.
[Amended 5-21-1996 by Ord. No. 1250]
(a)
In addition to the application fees called for in Article
III, §
46-30A and
B(1) through
(22) of the Code of the Township of Wyckoff, an applicant shall be responsible to reimburse the municipality or a municipal agency for all expenses and fees incurred by the municipality or municipal agency for the services of professional personnel required to process an application for development, including site plan and subdivision approvals, variances and all applications for zoning ordinance amendments or amendments to the Master Plan.
(b)
No plats or site plans shall be signed or approved,
nor shall any zoning permits, building permits, certificates of occupancy,
resolutions of approval or other types of permits be issued with respect
to any application until an applicant has deposited with the Chief
Financial Officer an amount which the applicant and the municipality
or municipal agency agree is sufficient to satisfy the estimated expenses
and fees incurred by the municipality or the municipal agency to pay
professional personnel for professional services. No bill for professional
services shall be paid from said deposit unless approved by the municipality
or municipal agency. If the amount deposited by an applicant exceeds
the actual cost of professional services, as approved by the municipality
or municipal agency, the applicant shall be entitled to a return of
the excess, together with such interest as allowed pursuant to N.J.S.A.
40:55D-53.1. If the actual cost of professional services exceeds the
amount deposited, the applicant shall immediately pay such additional
amount as is required to pay all actual costs of professional services.
(c)
The term "professional personnel" or "professional
services" as used herein shall include the services, including the
attendance at all regular and special meetings of the Planning Board
or the Zoning Board of Adjustment, of a duly licensed engineer, surveyor,
planner, attorney, realtor, appraiser, architect, landscape architect,
noise engineer and traffic engineer or other experts who would provide
professional services to ensure an application meets performance standards
set forth in this chapter and other experts whose testimony is in
an area in which the applicant has presented expert testimony.
(d)
Any application for development as defined by
this chapter or any other ordinance of the Township of Wyckoff or
any law of the State of New Jersey shall be deemed incomplete if adequate
escrows are not placed on deposit with the municipality in accordance
with the provisions of this chapter. The escrows as required by this
section shall be replenished by the applicant upon reasonable notice
of the municipality for any additional escrows, and the applicant's
obligation to maintain adequate escrows shall continue throughout
the course of an application for a development through the point of
occupancy of that development or portion thereof contained within
that application.
(e)
No professional personnel submitting charges to the municipality or municipal agency for any of the services referred to in §
46-30B(23)(a) of this chapter shall charge for any of the services contemplated by that section at any higher rate or in any different manner than would normally be charged the municipality or municipal agency for similar work as ascertained by the professional's contract of employment with the municipality or by resolution or by provisions of the Municipal Escrow Ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the professional is entitled reimbursement under this section shall in no way be contingent upon receipt of reimbursement from an applicant. The professional is responsible to alert the municipality of potential deficits occurring within a particular escrow account so that the municipality may have adequate time to collect the potential shortage in the account.
(f)
Deposits received pursuant to §
46-30B(23)(a) of this chapter shall be deposited in a fund or depository approved for such deposits by the state in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposit. All deposits received pursuant to this chapter shall be held and administered in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in particular, N.J.S.A. 40:55D- 53.2, including all rights of appeal and the appeal procedure that is provided under N.J.S.A. 40:55D-53.4 within that statute. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality 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, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses.
(g)
Initial escrow deposits required for applications:
[1]
Site plan. Residential or nonresidential development
application where the square footage of all existing and proposed
building(s) is not greater than 3,000 square feet or the number of
dwelling units is fewer than five units.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$750
|
|
Legal escrow
|
$400
|
|
Planner escrow
|
$500
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$1,000
|
[2]
Nonresidential site plan. Nonresidential development
application where the total square footage of all existing and proposed
buildings is in excess of 3,000 square feet or a circulation intensive
facility, which shall mean a building with drive-through window or
windows or high turnover activities, such as, but not limited to,
gasoline service stations, car washes, banks or fast food restaurants,
is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$3,000
|
|
Legal escrow
|
$1,500
|
|
Planner escrow
|
$1,500
|
|
Developer's agreement escrow
|
$1,000
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
1,000.00
|
[3]
Residential site plan. Residential development
application, without subdivision, where the number of dwelling units
is five or more units.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$3,000
|
|
Legal escrow
|
$1,500
|
|
Planner escrow
|
$2,000
|
|
Developer's agreement escrow
|
$1,000
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$1,000
|
[4]
Minor subdivision. For development of three
or fewer lots.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$750
|
|
Legal escrow
|
$500
|
|
Planner escrow
|
$500
|
|
Surveyor escrow
|
$300
|
|
Developer's agreement escrow
|
$500
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[5]
Major subdivision (preliminary and/or final).
For development of more than three lots.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$4,000
|
|
Legal escrow
|
$1,250
|
|
Planner escrow
|
$2,000
|
|
Surveyor escrow
|
$1,000
|
|
Developer's agreement escrow
|
$1,500
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[6]
Use variance(s).
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$500
|
|
Legal escrow
|
$750
|
|
Planner escrow
|
$2,000
|
|
Surveyor escrow
|
$1,000
|
|
Developer's agreement escrow
|
$1,000
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$1,000
|
[7]
Bulk variance(s), residential, where no other
development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$100.00
|
|
Legal escrow
|
100.00
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
100.00
|
[8]
Site plan. Fence, residential, where no other
development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$100
|
|
Legal escrow
|
$100
|
[9]
Site plan. Fence, nonresidential, where no other
development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$250
|
|
Legal escrow
|
$100
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[10]
Site plan. Fence, with variance, where no other
development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$500
|
|
Legal escrow
|
$200
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[11]
Site plan. Sign permit, where no other development
is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$250
|
|
Legal escrow
|
$100
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[12]
Site plan. Sign permit, with variance, where
no other development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$350
|
|
Legal escrow
|
$250
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[13]
Site plan. Parking, where no other development
is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$350
|
|
Legal escrow
|
$250
|
|
Developer's agreement escrow
|
$500
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[14]
Site plan. Parking, with variance, where no
other development is proposed.
|
Type of Escrow
|
Fee
|
---|
|
Engineering escrow
|
$500
|
|
Legal escrow
|
$350
|
|
Developer's agreement escrow
|
$750
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
[15]
Application for amendment to zoning ordinance
or Master Plan.
|
Type of Escrow
|
Fee
|
---|
|
Planner escrow
|
$3,000
|
|
Legal escrow
|
$1,500
|
|
Initial escrow deposit for other professional personnel or services set forth in § 46-30B(23)(c)
|
$500
|
(24)
Conceptual site plan or subdivision: $250 for
each conceptual plan.
[Added 4-1-2003 by Ord. No. 1432; amended 7-5-2011 by Ord. No.
1657]
(25)
Soil removal permit: $250.
[Added 4-1-2003 by Ord. No. 1432; amended 7-5-2011 by Ord. No.
1657]
[Amended 2-5-1980 by Ord. No. 815]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township of Wyckoff shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, 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 §
46-32A(2).
[Amended 2-5-1980 by Ord. No. 815; 7-2-1985 by Ord. No. 961]
The municipal agency shall include findings
of fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
A. A resolution adopted at a meeting held within the
time period provided in the act for action by the municipal agency
on the application for development, or
B. A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
municipal agency voted to grant or deny approval. Only the members
of the municipal agency who voted for the action taken may vote 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 taken pursuant
to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve
an application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing of the action of the
municipal agency; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of mailings,
filings and publications required by N.J.S.A. 40:55D-10. If the municipal
agency fails to adopt a resolution or memorializing resolution as
hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the municipal agency
to reduce its findings and conclusions to writing within a stated
time, and the cost of the application, including attorney's fees,
shall be assessed against 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 either the applicant or the Secretary of the
Planning Board or Zoning Board of Adjustment, as the case may be,
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 N.J.S.A. 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 to 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 other than a Class I member of the
Planning Board or any member of the Board of Adjustment may, after
public hearing if he requests it, be removed by the governing body
for cause.