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),[1] plus $100 for each lot.
[Amended 4-1-2003 by Ord. No. 1432; 7-5-2011 by Ord. No. 1657]
[1]
Editor's Note: So in original.
(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[2] 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]
[2]
Editor's Note: See Ch. 186, Zoning.
(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]
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 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, 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 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 stenographer, 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. Where public hearings on any application are conducted during more than one meeting, if required by the Board, the applicant, at his or her expense, shall provide a transcript (three copies) of each meeting at least 10 days prior to each succeeding meeting, for review by Board members.
[Amended 7-2-1985 by Ord. No. 961]
A. 
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 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 in the State of New Jersey and 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 applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the 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 the 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. 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 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.
[Amended 2-5-1980 by Ord. No. 815]
(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 Subsection A(2) 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 situate 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 Secretary of the Planning Board or the Secretary of the Board of Adjustment, as the case may be, pursuant to Section 6b of Chapter 291 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
B. 
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 Attorney for the Board holding the hearing on the application for development.
C. 
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.
D. 
Form of notice. 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; an 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.
[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.
A. 
Pursuant to the provision of N.J.S.A. 40:55D-22, in the event that an application for development is 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 Township's development regulations,[1] the Planning Board or Zoning Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
[1]
Editor's Note: See Ch. 119, Floodplain Management; Ch. 168, Subdivision and Site Plan Review; and Ch. 186, Zoning.
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 such 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 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.