The purpose of this article is to combine those
general administrative and procedural requirements applicable to all
hearings and applications for development.
The following procedures and requirements shall
be deemed applicable to either the Planning Board or the Board of
Adjustment as provided in N.J.S.A. 40:55D-1 et seq.
A.
Procedure for submission of site plan or subdivision.
Ten copies of a site plan or subdivision and 10 copies of the application
form shall be submitted to the administrative officer of the appropriate
Board at least 15 days prior to the scheduled public meeting of the
Board. All site plans or subdivisions and supporting documents shall
comply with the requirements hereinafter set forth:
(1)
The applicant shall submit to the administrative officer
of the appropriate Board such applications and other information as
required herein. If any application is found to be incomplete by the
Board then the applicant shall be so notified by the Board Clerk within
45 days of the submission of such application, or it shall be deemed
to be properly submitted.
(2)
Whenever review of approval of the application by
the County Planning Board or other governmental agency is required,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval by the County Planning Board of such
other governmental agency.
(3)
The applicant shall be responsible for filing the
appropriate application together with sufficient copies of site plan
or subdivision to such municipal, county or state officials as may
be required by law or as directed by the Board, when appropriate.
(4)
Certification that the applicant is agent or owner
of the land, or that the owner has given consent under an option agreement.
(5)
Certification from the Tax Collector that all taxes
and/or assessments for local improvements are paid to date.
(6)
The applicant, whether he be a person, firm or corporation,
shall submit a financial statement setting forth the applicant's assets,
liabilities and net worth, which statement shall be certified by a
Certified Public Accountant or a Registered Public Accountant and
in the case where the applicant is a corporation, the statement should
also contain the names and addresses of the Officers and Directors
of each stockholder owning 10% or more of the capital stock.
(7)
The applicant shall comply with the submission requirements set forth
on the Land Use Board Checklist annexed hereto as Appendix A.[1]
[Added 5-1-2018 by Ord.
No. 2018-06]
[1]
Editor's Note: The Land Use Board Checklist is included as an attachment to this chapter.
B.
Procedure for submission of sketch plat.
(1)
Ten paper prints of the sketch plat, together with
10 copies of a completed application and a filing fee, as required,
shall be submitted to the administrative officer. No subdivision shall
be classified until a complete application has been submitted. Upon
receipt of a complete application, the administrative officer shall
forward all copies to the secretary of the Board.
(2)
The secretary of the Board shall distribute the copies
as follows:
(a)
One application and paper print to the Borough
Engineer.
(b)
Two applications and two paper prints to the
County Planning Board, with county application.
(c)
One application and one paper print to the Board
Attorney.
(d)
One application and one paper print to the Board
of Health.
(e)
One application and one paper print to the Shade
Tree Commission.
(3)
If after consideration of the recommendations of the
subdivision committee and the Borough Engineer, the plat is classified
as a minor subdivision by the action of the Board:
(a)
The sketch plat original shall be marked classified
as a minor subdivision by the Chairman.
(b)
Minor subdivision approval shall be granted
or denied within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Board to act within
such time shall constitute minor subdivision approval.
(c)
Upon signed approval by the Morris County Planning
Board, the applicant shall submit a deed description or plan map,
drawn in compliance with Chapter 141 of the Laws of 1960 (N.J.S.A.
46:23-9.10 et seq.) to the Board.
(d)
Before the administrative officer returns any
approved sketch plat to the subdivider, the developer shall have sufficient
copies made to furnish one copy to each of the following:
[1]
Borough Engineer.
[2]
Secretary of the Board.
[3]
County Planning Board.
[4]
Borough Tax Assessor.
[5]
The applicant shall also furnish an electronic copy of the final
survey, signed plans and any other document that was part of the application
process that the Land Use Board Administrator may request.
[Added 5-1-2018 by Ord.
No. 2018-06]
(e)
Approval of a minor subdivision shall expire
190 days from the date of municipal approval unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law, or a deed clearly describing the minor subdivision,
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough Tax Assessor.
C.
Procedures for submission of preliminary plat for
a major subdivision or site plan.
(1)
Introduction.
(a)
A preliminary plat and the supporting documents
for a proposed subdivision or site plan constitute the material to
be officially submitted to the Board. They show the general design
of the subdivision or site plan and its public improvements so that
the Board can indicate its approval or disapproval of the subdivision
or site plan prior to the time that the final plat, including the
design and detailing of the public improvements and utilities, is
completed. Approval of the preliminary plat does not constitute an
approval of the final plat.
(b)
When revision of a preliminary plat is made,
10 prints of the revised preliminary plat shall be filed upon resubmission,
so that the files of the Board and other Borough officials will be
current.
(c)
The preliminary plat shall serve as a key map
to subdivisions or site plans subsequently laid out in sections on
separate final plats.
(2)
Procedures.
(a)
Procedure to be followed by the applicant. The
preliminary plat shall be submitted to the Administrative Office.
The submission shall include the following:
(b)
Procedure to be followed by the Borough Engineer
and Board secretary:
[1]
The Borough Engineer shall review the submittal
to determine if it is complete and shall:
[a]
Inform the applicant in writing
of the deficiencies in the application. This shall be done within
45 days of the submission of the application or it shall be deemed
to be properly submitted.
[b]
Notify the secretary of the Board
of the filing date of the preliminary plat and the date that the application
is deemed to be properly submitted.
[2]
Upon determination of a complete application,
the Borough Engineer shall retain one complete set of the preliminary
submission, the Board Secretary shall distribute the remainder as
follows:
[3]
Upon submission of a complete application for
a subdivision or site plan of 10 or fewer lots, the Board shall grant
or deny preliminary approval within 45 days of the date of submission
or within such further time as may be consented to by the Developer.
Upon submission of a complete application for subdivision or site
plan of more than 10 lots, the Board shall grant or deny preliminary
approval within 95 days of the date of submission or within such further
time as may be consented to by the Developer. Otherwise, the Board
shall be deemed to have granted preliminary approval.
D.
Procedure for approval.
(1)
A hearing shall be scheduled by the Board Secretary and held not less than 10 days prior to the date the Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions of time as may be consented to by the applicant. The applicant shall be advised of the hearing date at least 20 days prior thereto. Such hearing shall be conducted in accordance with § 163-35.
(2)
Reports.
(a)
Whenever review or approval of the application
by the County Planning Board is required, the Borough Board shall
condition any approval that it grants upon timely receipt of a favorable
report of the application by the County Planning Board or approval
of the County Planning Board by its failure to report thereon within
the required time period.
(b)
Approval of soil erosion and sedimentation control
plan as required by law.
(3)
If the Board approves the preliminary plat, and all
conditions have been met, the Chairman of the Board shall sign the
preliminary plat original with a notation that it has received approval
and shall then be returned to the applicant for compliance with final
plat approval requirements as provided in this section.
E.
Expiration of development approvals.
(1)
Preliminary site plan, minor site plan and preliminary
major subdivision approvals expire three years, plus one business
day, from the date when the approving resolution was adopted, or upon
final approval, based upon the preliminary approval.
(2)
Final site plan and final major subdivision approvals
expire two years, plus one business day, from the date when the approving
resolution was adopted, unless a building permit is obtained, in accordance
with the Uniform Construction Code, and construction is commenced
within that time. An exception to this rule is that, in the case of
a final major subdivision, the approval shall expire only if the plat
has not been recorded within the time permitted by N.J.S.A. 40:55D-54.
Provided further that if the building permit lapses under the provisions
of the Uniform Construction Code, the time allowed under both this
chapter and the Municipal Land Use Law has passed, and the developer
has not made a timely extension application, the approval upon which
the building permit was based expires.
(3)
If a statute extends an approval referenced above,
or the approving authority, acting under the Municipal Land Use Law,
extends its period of protection, the expiration date shall be adjusted
to include the extension period.
(4)
Exception under N.J.S.A. 40:55D-49(f) and 53(d). The
following exception applies, notwithstanding the fact that the above
rules may deem an approval expired: A developer may seek to prove
that it was prevented from proceeding because of delay in obtaining
other required government approvals, despite a prompt and diligent
pursuit. If so, it may apply for an extension up to 91 days after
it received the last required other approval. If the approving authority
grants the extension, the underlying approval shall be deemed unexpired,
and the approving authority shall determine its expiration date.
(5)
Exception allowing application before expiration.
A developer may apply for an extension on any theory articulated by
the Municipal Land Use Law before the expiration date. If the developer
applies for and the approving authority grants an extension, the underlying
approval shall be deemed unexpired, notwithstanding that the time
period for expiration runs out before the decision date on the extension
application, and the expiration date for the approval shall be determined
by the approving authority.
(6)
Exception under N.J.S.A. 40:55D-49(d) and 40:55D-52(b).
This section applies to preliminary and final approvals of a subdivision
or site plan for an area of 50 acres or more, and final approvals
of a subdivision or site plan for a planned development of 50 acres
or more, and a conventional subdivision or site plan for 150 acres
or more, where the approving authority has granted a longer initial
period of protection. In such case, if the developer makes an extension
application, the expiration date and all other deadlines established
by this chapter shall be determined by the approving authority.
F.
Final plat approval.
(1)
Improvements of guaranties prior to final approval. Payment of fees. Before consideration of a final subdivision or site plan plat, the Developer will have installed the improvements required under § 163-54 hereof or the Board shall require the posting of adequate performance guaranties to assure the installation of those required improvements which are permitted to be installed after final approval in accordance with § 163-30, hereof.
[Amended 12-20-1999 by Ord. No. 99-11]
(2)
Introduction.
(a)
A final plat and supporting as-built drawings
and documents for a proposed final subdivision or site plan constitute
the complete development of the proposal and include the recommendations
resulting from the Board review of the preliminary plat, as well as
the improvements and utility plans.
(b)
The final plat of a subdivision shall be an
accurate survey record of the properties resulting from the subdivision.
(3)
Procedures.
(a)
Procedure to be followed by the applicant.
[1]
Ten copies of the application for final plat
approval.
[2]
Evidence of the completion of all improvements
except sidewalks and final paving course of all streets.
[3]
Five copies of a letter, in appropriate cases,
directed to the Chairman of the Board, signed by a responsible official
of the State or County Highway Department, approving construction
on state or county rights-of-way.
[4]
Five copies of deeds of dedication for all properties,
including street rights-of-way which are being offered to the Borough
for dedication.
(b)
Procedure to be followed by the Borough Engineer
and Board Secretary.
(4)
Procedure for approval.
(a)
A hearing shall be scheduled by the Board Secretary
and held not less than 10 days prior to the date the Board is required
to act pursuant to the terms of this chapter and the Municipal Land
Use Law, including any extensions as may be consented to by the applicant.
The secretary shall advise the applicant of the meeting date.
(b)
The Borough Engineer shall prepare and submit
a report of findings for Board consideration and action prior to the
hearing.
(c)
Final approval shall be granted or denied within
45 days after submission of a complete application to the Board Secretary
or within such further time as may be consented to by the applicant.
Failure to act within such time shall constitute approval.
(d)
Whenever review or approval of the application
by the County Planning Board is required, the Borough Board shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
(e)
If the plat is approved, the Developer shall
make all required corrections to the satisfaction of the Board prior
to obtaining the Chairman's signature of approval.
(g)
The Developer shall prepare and deliver to the
Board Secretary 10 copies of the corrected and signed final plat and
drawings to be distributed as follows:
(h)
The applicant shall, upon the approval of major subdivision,
within 95 days from the date of signed approval, file the same with
the Morris County Clerk in accordance with the Map Filing Laws,[2] and shall also supply the Land Use Board Administrator
with an electronic copy of the final property survey, final signed
plans and any other document or documents that were part of the approval
process that the Land Use Board Administrator may request.
[Amended 5-1-2018 by Ord.
No. 2018-06]
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(i)
Board approval of a final plat shall not be
deemed to be acceptance by the Borough of any street or other land
shown or offered for dedication to public use.
(5)
Expiration of approval.
(a)
Board approval of a final plat shall expire
95 days after the date of the Board resolution authorizing the Chairman
to sign the drawings, unless the applicant shall have filed within
that time period a copy of the plat with the County Recording Officer
and delivered to the Borough Clerk a certification of such filing.
(b)
Upon application by the subdivider showing good
cause, the Board may make an extension not to exceed 190 days of the
approval; provided, however, that the plat is revised according to
any change in regulations or ordinance applicable to the plat subsequent
to the first resolution.
(c)
Expiration of an approval shall mean that any
further action will require a new filing fee, as well as a review
of all previous findings.
(d)
No final plat shall be accepted for filing by
the County Clerk unless it has been duly approved by the Borough Board
and signed by the Chairman.
(6)
Waiver of requirements authorized. Exception in application
of subdivision or site plan regulations; simultaneous review and approval.
(a)
The Board when acting upon applications for
preliminary or minor subdivision or site plan shall have the power
to grant such exceptions from the requirements for subdivision or
site plan approval 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 the ordinance is impracticable
or will produce undue hardship because of peculiar conditions pertaining
to the land in question.
A.
Required fees and escrow amounts. All applications
submitted to the Planning Board and the Zoning Board of Adjustment[1] must be accompanied by the administrative fees and professional
review escrow amounts (the "escrowed funds" set forth in Schedule
1) for conventional applications of Schedule 2 for complex applications
and bulk variance fees. In addition, the application must be accompanied
by a certification from the Tax Search Officer attesting that no taxes
or assessments for local improvements are due or delinquent on the
property for which the application is being made. The administrative
fee, reflected in Column A of Schedule 1, is charged to the applicant
to cover the cost associated with the administrative processing and
filing of the application. That fee is nonrefundable. The professional
review escrow amount, reflected in Column B of Schedule 1, is deposited
into the Professional Review Escrow Account. This account is maintained
by the Borough Treasurer. The escrow funds shall cover the costs associated
with the required review of the application by the professionals employed
by the Zoning Board of Adjustment or Planning Board, including engineers,
planners, attorneys, or any other professional deemed necessary by
the Boards (the "professionals"). The applicant shall provide his
tax identification number to the Treasurer for IRS reporting on this
account.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
B.
Professional review escrowed funds. An applicant shall
be responsible to reimburse the Borough for all expenses of professionals
employed by the Boards to assist in processing an application whether
or not the applicant is ultimately approved. These expenses include,
by way of example but not by way of limitation:
(1)
Charges and disbursements for review by professionals
of applications and accompanying documents;
(2)
Charges for the preparation of reports by professionals
to the municipal agency setting forth recommendations resulting from
the review of any documents submitted by the applicant;
(3)
Charges for all telephone conferences or meetings
requested or initiated by the applicant, his attorney or any of his
experts;
(4)
Charges for the review or preparation of easements,
developers' agreements, deeds, or the like;
(5)
Charges for attendance at special meetings; and
(6)
Charges for expert advice or testimony obtained by
the Board for the purpose of evaluating the application and/or the
testimony of the applicant's experts.
C.
Definition of professional. The term "professionals"
as used hereby shall include a duly licensed engineer, planner, attorney,
surveyor, realtor, architect, appraiser, environmentalist, traffic,
or other expert who would provide professional services to insure
an application meets the standards set forth in the ordinance.
D.
Payment of professional fees; liability of applicant
for deficiency:
(1)
Prior to drawing moneys out of the Professional Review
Escrow Account, each professional engaged by the Board shall submit
an invoice to the Board or the Board designee for approval. No plat
or site plan shall be signed nor shall any zoning permits, building
permits, certificates of occupancy, or any other types of permits
be issued with respect to any approved application for development
until all bills for reimbursable professional services have been received
by the Borough from the professional personnel rendering services
in connection with such application and payment has been approved
unless applicant shall have deposited an amount sufficient to cover
all reimbursable items.
[Amended 12-20-1999 by Ord. No. 99-11]
(2)
In the event the charges submitted and approved by
the Board for said professionals exceed the escrow deposit, the applicant
shall pay such deficiency prior to the Board being required to sign
any plat or site plan and issue any certificate of occupancy, zoning
permits, building permits, or any other permits.
(3)
Following conclusion of the hearings and meetings
regarding the application, any unused funds deposited by an applicant
into the Professional Review Escrow Account shall be refunded to the
applicant upon payment of all the invoices of the Board's professionals,
by approval of the Board and resolution of the Mayor and Council.
Upon reimbursement of any unused funds, an applicant may request an
accounting of expended funds and same will be provided to the applicant
within 30 days of a written request filed with the Board.
E.
Bulk variances and design waivers. At the time an
application for a bulk variance or design waiver is submitted, the
following additional fees must be paid:
F.
Complex applications; required escrow amounts.
(1)
For development applications that are deemed to be
"complex" applications, as specifically enumerated and defined below,
the applicant shall be required to place into the Professional Review
Escrow Account the amounts described in Schedule 2. The amount required
to be placed into the Professional Review Escrow Account for a complex
application is to cover the costs of extra review time provided by
the Board's planner, attorney and other professionals. The moneys
shall be applied to all extra review costs, including, but not limited
to, the costs of meeting and/or consultation time between the applicant's
professional(s) and the Board's professional(s) on the application.
The Board shall, in its sole discretion, determine what constitutes
an extra cost under this subsection.
(2)
Moneys shall be drawn from the Professional Review Escrow Account in accordance with Subsection D. In the event that the funds on deposit in the Professional Review Escrow Account are exhausted, the Board may require additional deposits in such amounts as it shall determine in its sole discretion to be posted for such additional extra costs.
G.
D variances. On each application for a "D" variance pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the Professional Review Escrow Account a minimum amount of $1,000. The applicant shall also be required to deposit such additional amounts into the Professional Review Escrow Account as the Board, in its sole discretion, shall require. The amounts required pursuant to this section shall be required to cover the costs of review of the application by the Board's professionals, including, but not limited to, the engineer, planner and attorney as well as the costs of possible review, in appropriate instances, by "special" professionals, by way of example but not by way of limitation, traffic, landscaping and environmental professionals required to review specific aspects of the application. An applicant shall be notified in writing when additional amounts must be deposited in the Professional Review Escrow Account. The provisions of Subsection D shall apply to any payments to be made for the Professional Review Escrow Account and as to any deficiency therein.
H.
Additional fees.
(1)
Fees for meetings:
(a)
Special professional meetings. Any applicant
for development may request that a special meeting be scheduled between
the applicant and its professionals and the Board's professionals,
providing there are sufficient funds in the Professional Review Escrow
Account to cover the costs of such meeting.
(b)
Special Planning Board or Zoning Board of Adjustment
Meeting:
[1]
Any applicant may request that a special meeting
of a Board be scheduled and devoted exclusively to a single application.
Such meeting shall be scheduled upon request of the applicant and
at the discretion of either the Board Chairperson or his/her designee.
Such special meeting shall be of no more than a three-hour duration.
The time of the Board's professional(s) required to prepare for a
follow up after such special meeting shall be charged against such
Professional Review Escrow Account. The professional review escrow
amount of such a meeting shall be $1,500.
[2]
The professional review escrow amount shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the Review Escrow Account which may be required to cover the costs of additional time extended by the Board's professional(s) for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting. The provisions of Subsection D apply to any payments to be made from the Professional Review Escrow Account and as to any deficiency therein.
(c)
Multiple approvals. Where an application for
development includes several approval requests, the sum of the individual
required fees shall be paid, except that there shall be no cumulative
fees charged to an applicant for individual bulk variances which are
preexisting.
(2)
Fees for other services. The fees set forth in the
aforementioned schedule are exclusive of any other charges which may
be required by the Borough to cover the costs of the furnishing of
copies, ordinances, lists of property owners or transcripts, or the
inspection of buildings or improvements in conjunction with the issuance
of permits or certificates of occupancy.
(3)
Fees for escrow accounts. In the event that any fee
paid by an applicant into the Professional Escrow Review Account shall
exceed $5,000, such applicant's account shall be placed into an interest-bearing
trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1.
The applicant shall be notified in writing of the institution in which
the deposit has been made and the amount of such deposit. Any interest
earned on the account shall be applied in accordance with the provisions
of N.J.S.A. 40:55D-53.1. The Borough shall keep records of all accounting
principles. The fees for all professional reviews of an application
shall be charged to the applicant at the same rate and in the same
manner as that charged by the professional to the Borough.
A.
In addition to the fees established in § 163-28 for the review of development applications, there shall also be an inspection fee paid to the Borough for the cost of field inspection the installation of required improvements. Such fees are payable before a building permit is issued for the commencement of any construction prior to final approval of the application for development by the municipal agency, whichever occurs first. The amount of the fee shall be determined by the reference to Schedule 3 hereto. To the extent an inspection reveals deficiencies which require additional Board professional time to obtain corrective action, the cost of the Board's professional's time shall be deemed an additional inspection fee under this subsection. The applicant shall pay such additional inspection fee as set forth in Schedule 3 as provided in this section.
B.
The improvement cost shall be established by the Borough
Engineer and shall be based upon the total estimated construction
cost that the municipality could reasonably expect to pay a contractor
to perform the work.
C.
In the event that during the course of construction
of improvements shown upon plans which have been approved as provided
in the subdivision or site plan review section additional improvements
are proposed to be constructed which are not shown upon such plans,
an inspection fee shall be calculated in accordance with the provisions
of Schedule 3 for the additional proposed improvement.
D.
In the event that required improvements are not completed
and accepted within the required performance period, whether established
by the term of a bond or otherwise, the applicant shall pay the Borough
additional inspection fees to reflect the increase in cost of such
inspection.
E.
All permits or certificates of occupancy are subject
to the payment of all fees required.
|
FEE SCHEDULE 1
CONVENTIONAL APPLICATION FEES AND ESCROWS
[Amended 12-20-1999 by Ord. No. 99-11;
Ord. No. 2001-4]
| ||||
|---|---|---|---|---|
|
Type of Development
|
Column A
Application
Fee
|
Column B Administrative Professional Review
Escrow
| ||
|
1.
|
Minor Subdivision
|
$300.00 + $25/lot
|
$2,500.00
| |
|
2.
|
Concept Plat
|
$200.00 + $20/lot
|
$1,000.00
| |
|
3.
|
Major Subdivision
| |||
|
A.
|
Preliminary major
| |||
|
0 to 10 lots
|
$600.00
|
$3,000.00
| ||
|
11 to 50 lots
|
$700.00
|
$4,000.00 + $100/lot
| ||
|
51 to 250 lots
|
$1,000.00
|
$4,500.00 + $100/lot
| ||
|
over 250 lots
|
$1,500.00
|
$5,000.00 + $100/lot
| ||
|
B.
|
Extension of preliminary - 1/2 of original fee
| |||
|
C.
|
Final major
|
$500.00
|
$3,000.00
| |
|
4.
|
Minor Site Plan
| |||
|
A.
|
Less than 5,000 sq. ft. of building
|
$500.00
|
$1,500.00
| |
|
B.
|
Modifications of less than 10,000 sq. ft. of
previously approved site plan
|
$500.00
|
$2,500.00
| |
|
C.
|
Historic zone - minor alteration
[Added 11-1-2004 by Ord. No. 2004-30] |
$100.00
|
Not required
| |
|
5.
|
Major Site Plan
| |||
|
A.
|
Residential preliminary
| |||
|
1 to 10 dwelling units
|
$350.00
|
$175.00/unit
| ||
|
11 to 50 dwelling units
|
$500.00
|
$200.00/unit
| ||
|
51 to 250 dwelling units
|
$750.00
|
$250.00/unit
| ||
|
over 250 dwelling units
|
$1,500.00
|
$300.00/unit
| ||
|
Final residential
|
$500.00 + $50/unit
|
$1,000.00 + $100/unit
| ||
|
B.
|
Retail preliminary
| |||
|
less than 1001 sq. ft.
|
$450.00
|
$2,000.00
| ||
|
less than 5001 sq. ft.
|
$650.00
|
$4,000.00
| ||
|
more than 5001 sq. ft.
|
$850.00
|
*
| ||
|
Final retail
|
$500.00
|
$1,500.00
| ||
|
C.
|
Office preliminary
| |||
|
less than 2500 sq. ft.
|
$450.00
|
$2,000.00
| ||
|
less than 30,000 sq. ft.
|
$650.00
|
$4,000.00
| ||
|
more than 30,000 sq. ft.
|
$850.00
|
*
| ||
|
Final office
|
$500.00
|
$1,500.00
| ||
|
D.
|
Industrial preliminary
| |||
|
less than 10,001 sq. ft.
|
$1,000.00
|
$4,000.00
| ||
|
more than 10,001 sq. ft.
|
$2,000.00
|
*
| ||
|
Final industrial
|
$500.00
|
$1,500.00
| ||
|
E.
|
Planned retirement community
|
$3,500.00
|
*
| |
|
F.
|
Planned development overall plan
|
$3,500.00
|
*
| |
|
G.
|
Other planned developments (as defined in N.J.S.A.
40:55D-6)
|
$3,500.00
|
*
| |
|
H.
|
Extension of preliminary - 1/2 of original fee
| |||
|
I.
|
Amended preliminary approval
|
$350.00
|
$1,500.00
| |
|
J.
|
Amended final approval
|
$350.00
|
$1,500.00
| |
|
6.
|
Planning Permits Pursuant to N.J.S.A. 40:55D-34
and 40:55D-35
|
$250.00
|
$750.00
| |
|
7.
|
Applications for Variance As set forth in N.J.S.A.
40:55D-70a, appeal from administrative official or agency
|
$250.00
|
$750.00
| |
|
8.
|
Conditional Use All conditions satisfied or
heard by Planning Board per N.J.S.A. 40:55D-67
|
$500.00
|
$2,500.00
| |
|
9.
|
Interpretation Pursuant to N.J.S.A. 40:55D-70b
|
$150.00
|
$500.00
| |
|
10.
|
Informal Conceptual Reviews
|
$100.00
|
$1,000.00
| |
|
A
|
Proposed small scale development less than 10
acres
| |||
|
B.
|
Proposed large scale development more than 10
acres
|
$200.00
|
$1,500.00
| |
|
11.
|
Bulk Variances pursuant to N.J.S.A. 40:55D-70e
| |||
|
A.
|
Single or double undersized lots application
involving only 1 lot occupied or to be occupied by only one single-family
dwelling.**
|
$350.00
|
$750.00
| |
|
B.
|
Application by single or two family homeowner
of single lot for bulk variances (homeowner application involving
remodeling or expansion of existing home)
|
$100.00
|
$500.00
| |
|
12.
|
Use Variances
| |||
|
A.
|
Application for variance pursuant to N.J.S.A.
40:55D-70d
|
$350.00
|
$1,500.00
| |
|
13.
|
Fee for emergency action by the Planning Board
or Zoning Board of Adjustment,[1] on an application requiring immediate action that affects
the health, welfare and safety of the citizens of the Borough
|
$500.00
|
$500.00
| |
|
14.
|
Fee for interpretation of conditions of resolutions
adopted by the Board * See Complex Development Application Fees, Schedule
2.
|
$100.00
|
$300.00
| |
|
** No additional fees or escrow amounts will
be required for other bulk variances which may be required because
of the undersized lot.
|
|
FEE SCHEDULE 2
COMPLEX DEVELOPMENT APPLICATIONS
[Amended 12-20-1999 by Ord. No. 99-11;
2-7-2000 by Ord. No. 2000-02; Ord. No. 2001-4]
| |||
|---|---|---|---|
|
Type of Complex Development Application
|
Professional Review
Escrow Amount
| ||
|
1.
|
An application for a new planned development
overall plan approval pursuant to the planned development option
|
$5,000.00
| |
|
2.
|
An application for preliminary planned retirement
community
|
$5,000.00
| |
|
3.
|
An application for preliminary major site plan
for:
| ||
|
A.
|
More than 5,000 sq. ft. of retail
|
$5,000.00 space: or
| |
|
B.
|
More than 30,000 sq. ft. of office
|
$5,000.00 space; or
| |
|
C.
|
More than 10,000 sq. ft. of industrial
|
$5,000.00 space
| |
|
FEE SCHEDULE 3
INSPECTION FEES
[Amended 2-7-2000 by Ord. No. 2000-02]
| ||||
|---|---|---|---|---|
|
1.
|
Estimated construction costs, Chapter 311, P.L.
1991
| |||
|
A.
|
Less than $10,000.00
|
$500.00 or 5%,
whichever is greater
| ||
|
B.
|
More than $10,000.00
|
5% of costs
| ||
|
If estimated construction costs are under $10,000,
the developer can deposit 50%; and when deposit drops to 10%, developer
must deposit balance of fees.
| ||||
|
If estimated construction costs are over $10,000,
developer can deposit 25%; and when deposit drops 10%, developer must
deposit additional 25% of estimated fees.
| ||||
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
Before final approval, the approving authority
may require the payment of the developer's pro rata share of the following
off-site and off-tract improvements: street improvements, water system,
sewerage, drainage facilities and easements therefor.
A.
Essential off-site and off-tract improvements may
be required to be installed or a performance guaranty furnished in
lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved
street or public or private central water supply or central sanitary
sewer and does not qualify for individual sewerage disposal systems,
the approving authority may nevertheless grant final approval if the
developer shall acquire and improve such street between the development
and an existing improved street and, in the case of water/sewer system(s),
if the developer shall acquire and improve such water and sanitary
sewer connections between the development and existing facilities
as approved by the approving authority, governing body and serving
utility company.
(2)
Where drainage waters are diverted from the development
into other drainage systems or onto other lands or streets and they
are not adequate to accommodate the additional waters, the approving
authority may grant final approval if the developer shall acquire,
improve and dedicate to the Borough such enlarged, additional or new
drainage facilities as approved by the approving authority and Borough
Council.
(3)
Such off-site and off-tract improvements shall be
subject to the design standards of this chapter. In lieu of the developer's
performing such off-site and off-tract work, the developer may request
and the Borough Council may enter into an agreement for such work
to be performed by the Borough or its contractors at the cost of the
developer.
(4)
Where the approving authority determines that off-site
and off-tract improvements are essential to the development and the
developer does not consent to the improvements, the application shall
be denied, without prejudice, to a future application at such time
as the conditions no longer apply.
B.
Advisable off-site and off-tract improvements. Where
approving authority finds that off-site and off-tract improvements
would be advisable, although not essential, and the improvements would
promote the objectives of this chapter and can be most appropriately
accomplished in connection with the development, and particularly
where the off-site and off-tract improvements would be required to
be made as a local improvement by the Borough with the costs thereof
to be assessed against all properties specifically benefited thereby,
(including the property of the developer), the following provisions
shall apply:
(1)
During the processing of the application, the approving
authority shall refer its recommendations for off-site and off-tract
improvements to the Borough Council.
(2)
If the Borough Council concurs, the municipal engineer
or other authority retained by the Borough shall determine the nature
of the off-site and off-tract improvements, including:
(3)
The municipal engineer or other authority shall estimate
and report the costs of such work, including all costs to be in any
local improvement ordinance and those to be assessed to the developer
and including costs for construction, engineering, any easement or
right-of-way acquisition, legal work, advertising, contingencies,
bonding and assessments.
(4)
Based upon the above report and the recommendation
of the approving authority, the Borough Council shall determine whether
to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the Borough Council will not adopt such local improvement
ordinance, the final development shall be designed accordingly and
the approving authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local
improvement ordinance, the Borough Council shall proceed in the following
manner:
(a)
If sufficient funds are available for the initial
appropriation, the Borough Council may appropriate such funds and
adopt such ordinance. All subsequent proceedings for the making and
assessment of the cost of the off-site and off-tract improvements
shall be in accordance with such ordinance.
(b)
If sufficient funds are not available for the
initial appropriation, the Borough Council may determine the anticipated
amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the Borough Council
shall then be deposited by the applicant with the Borough Treasurer
prior to final approval and prior to introduction of such local improvement
ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Borough concerning the uses
of the deposit which shall include the following stipulation that
said funds shall be used by the Borough solely for the construction
of such off-site and off-tract improvements as specified in said agreement
and for the other expenses incidental thereto, and the acquisition
of any easements or rights-of-way in connection therewith; that such
deposit may be appropriated by the Borough, with other funds of the
Borough, toward the accomplishment of such purposes and may be commingled
with other appropriated funds and expended by the Borough in connection
with such purposes; that is such deposit is not used by the Borough
within a specified time agreed upon by the applicant, said funds shall
be returned to the applicant; that upon completion of the work by
the Borough or its contractors the properties specially benefited
by such improvements shall be assessed as provided by law, including
the property of applicant; that the applicant's deposit shall be credited
against the assessment, made upon applicant's property (whether or
not applicant is then the owner thereof), and that if such deposit
was less than the amount ultimately assessed against such property,
then the owner(s) of the property shall pay the difference between
the deposit and such assessment, or if the deposit exceeded the amount
assessed, the excess shall be refunded to the applicant, without interest.
[3]
Where the off-site and off-tract improvements
are found by the approving authority to be advisable and important
to the sound development of the site, although the off-site and off-tract
improvements may not be found to be the type of essential off-site
and off-tract improvements as defined above, but the developer is
unwilling to make such deposit specified above, then there shall be
no final approval until funds become available for the initial appropriation
required to adopt the local improvement ordinance.
(7)
The determination of the Borough Council whether or
not proceed toward the adoption of a local improvement ordinance shall
be made within 30 days after the referral by approving authority unless
such time shall be extended with consent of the applicant. If the
determination is not made within the designated period, the approving
authority may proceed as if the Borough Council had determined that
it would not adopt such local improvement ordinance.
A.
Before recording of final subdivision plats, as a
condition to final site plan approval or as a condition to the issuance
of zoning permit pursuant to N.J.S.A. 40:55D-65, the Borough Council
requires and shall accept in accordance with the standards adopted
herein for the purpose of assuring the installation and maintenance
of on-tract improvements, the following:
(1)
The furnishing of a performance guarantee by the developer,
in favor of the Borough, in an amount not to exceed 120% of the cost
of installation for improvements within the public right-of-way, or
which are constructed or installed on publicly owned land or land
which is to be dedicated as public property, which may include, but
not limited to, streets, grading, pavement, gutter, curbs, sidewalks,
street lighting, shade trees, surveyor's monuments, water mains, drainage
structures, erosion control or sedimentation control devices, as shown
on the final subdivision map, as required by the Map Filing Law N.J.S.A.
46:23-9 and final site plan maps. On-site improvements, as shown on
the aforementioned plans, not completed at the time of a request for
a certificate of occupancy, shall be bonded in ua amount recommended
by the Borough Engineer and with the approval of the Borough Council.
Ten percent of the total guarantee shall be in cash. Any of the above-listed
improvements shall be subject to inspection and approval by the Borough
Engineer who shall be notified by the developer at least 48 hours
prior to the start of construction. No underground installations shall
be covered until inspected and approved.
[Amended 12-3-2001 by Ord. No. 2001-22]
(2)
Provision for a maintenance guaranty to be posted
with the Borough Council for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement.
B.
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the Borough for such utilities
or improvements.
C.
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Borough Council by resolution. As a condition or as part of
any extension, the amount of any performance guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of installation as determined as of the time of the passage
of the resolution.
D.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may either, prior to or after the receipt of the proceeds
thereof, complete such improvements.
E.
Upon substantial completion of all required appurtenant
utility improvements, and the connection of same to the public system,
the obligor may notify the Borough Council in writing, by certified
mail, addressed in care of the Municipal Clerk, of the completion
or substantial completion of improvements and shall send a copy thereof
to the Municipal Engineer. Thereupon, the Municipal Engineer shall
inspect all improvements of which such notice has been given and shall
file a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval, or rejection of such improvements
with a statement of reasons for any rejection. The costs of the improvements
as approved or rejected shall be set forth.
F.
The Borough Council shall either approve, partially
approve, or reject improvements on the basis of the report of the
Municipal Engineer and shall notify the obligor in writing by certified
mail of the contents of such report and the action of the approving
authority with relation thereto, not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved; provided that 30% of the amount of the performance
guaranty posted may be retained to insure completion of all improvements.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements and the obligor surety, if any, shall be released
from all liability, pursuant to such performance guaranty for such
improvements.
G.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
H.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Municipal Engineer.
I.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements; provided that the Borough may
require of the developer a deposit for all or a portion of the reasonably
anticipated fees to be paid to the Municipal Engineer for such inspection.
A.
A person interested in any land may apply in writing
to the administrative officer for the issuance of a certificate certifying
whether of not such subdivision has been approved by the Board. 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.
B.
The administrative officer shall make and issue such
certificate within 15 days after the receipt of such written application
and the fees therefor. The administrative officer shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fees charged, in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the municipality a duly established
Planning Board and/or Zoning Board of Adjustment,[1] and whether there is an ordinance controlling subdivision
of land adopted under the authority of this act.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
(2)
Whether the subdivision, as it relates to the land
shown in the application, has been approved by the Planning Board,
and if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which lands are a part is a validly
existing subdivision.
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided in this act. The administrative officer shall demand and
receive for such certificate issued a fee of $10. The fees so collected
by the administrative officer shall be paid by him to the municipality.
A.
Upon the issuance of a certificate of occupancy for
any building or structure on any dedicated street or roadway which
is open to the public or to which the public is invited, in a subdivision
or development which is the subject of an application for development
within the Borough of Chester, and prior to the acceptance of such
dedication by the Borough, the developer shall be required to keep
and maintain said streets or roadways free and clear of snow and ice,
within 12 hours of daylight after the same shall have fallen or be
formed thereon, and the same shall be open to public use and shall
permit access to police, fire fighting and emergency vehicles in accordance
herewith.
B.
If the developer fails to keep and maintain the streets
or roadways free and clear of snow and ice as set forth herein, the
Borough may, at its own option and without creating any obligation
to accept any dedication of any such street or roadways, proceed to
clear such streets or roadways of snow and ice by plowing, shoveling,
salting, sanding or otherwise.
C.
The costs incurred thereby shall be certified to the
Mayor and Council of the Borough of Chester by the street committeeman,
which certification shall be presented to and reviewed by the Mayor
and Council. Such costs shall be computed so as to defray and meet
the expenses incurred by the Borough in connection herewith, including,
but not limited to, the costs of labor, materials expended and costs
to repair any and all injury or damage done to or suffered by the
employees and equipment of the Borough occurring during such snow
and ice removal operations, or caused thereby. Such costs, shall be
charged to and paid by the developer to the Borough in the amount
so certified by the street committeeman, within 10 days of the receipt
of a bill for the same.
D.
Upon a determination of the Mayor and Council that
the amount certified by the street committeeman is so correct, the
same shall be charged against such real property and the amount so
charged shall thereupon, become a lien and a tax upon such real property,
shall be added to and be a part of the taxes next to be levied assessed
thereon, and enforced and collected with interest by the same officers
and in the same manner as other taxes. The imposition and collection
of a fine or fines or other penalties in the courts or in the Municipal
Court of the Borough for violation of any of the provisions hereof,
shall not constitute a bar to the authority of the Borough of Chester
to collect the costs, as certified, for the removal of snow and ice
in the manner herein prescribed.
E.
The Borough shall have no liability or responsibility
whatsoever for any damage that may be done to catch basins, manholes,
curbs, gutters, driveways, or other improvements, or to the streets
or roadways, which damage may occur during said snow and ice removal,
and the subdivision owner shall indemnify and hold the Borough harmless
with respect thereto.
F.
Notwithstanding the provisions or consequences of Subsection B hereof, any person violating the provisions of this section shall, upon conviction in the Municipal Courts, be subject to a fine not exceeding $500 plus costs or imprisonment in the Morris County Jail for a period of not more than 30 days, or both, for each offense. Each calendar date that a violation exists constitutes a separate offense under this section.
A.
Meetings of the Planning Board and Board of Adjustment
("Board")[1] shall be held at least once a month and on such dates
as determined by the Board at its annual organization meeting and
at the call of the Chairman. The Board may fix, by rule, the manner
in which the Chairman may issue any such call for a meeting and the
amount of notice required by any such call. The Board may also fix,
by rule, the manner, including the amount of notice in which meetings
other than those at the call of the Chairman may be held. No action
shall be taken at any meeting without a quorum being present. All
actions shall be taken by a majority vote of the members of the Board
at the meeting except as otherwise specifically required. Nothing
herein shall be construed to contravene any act providing for procedures
for governing bodies.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
B.
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. An executive session for
the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this act.
C.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the municipal agency and of the persons appearing by attorney, the
action taken by the municipal agency, the findings, if any, made by
it and reasons therefore. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the administrative officer. Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party shall be charged as per resolution of the Planning or Zoning
Board of Adjustment for the reproduction of minutes for his use.
D.
All actions shall be taken by a majority vote of a
quorum except as follows:
(1)
By affirmative vote of the full, authorized membership
of the Borough Council if adopting an Official Map or an amendment
or revision thereto which in whole or in part is inconsistent with
the appropriate designations in the an elements of the Master Plan
(N.J.S.A. 40:55D-32).
(2)
By affirmative vote of the majority of the full authorized
membership of the Board, for direction for issuance of a permit for
a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
By majority vote of the full authorized membership
of the Borough Council to disapprove or change any recommendation
of the Planning Board made prior to and relating to the adoption of
a development regulation, revisions or amendment thereto. (N.J.S.A.
40:55D-26a)
(4)
By majority vote of the full authorized membership of the Board of Adjustment when rejecting any recommendation of the Planning Board regarding any matter referred by the Board of Adjustment to the Planning Board in accordance with § 163-13H.
(5)
By majority vote of the Borough Council when adopting
a zoning ordinance relating to the nature and extent of the uses of
land and of buildings and structures thereon, which ordinance or amendment
or revision in whole or in part is inconsistent with or not designed
to effectuate the land use plan element (N.J.S.A. 40:55D-62).
(6)
By 2/3 favorable vote of the full authorized membership
of the Borough Council to overcome protest made pursuant to N.J.S.A.
40:55D-63 and effectuate an amendment or revision so protested.
(7)
By 2/3 affirmative vote of the full authorized membership
of the Board of Adjustment to grant a variance to allow a structure
or use in a district restricted against such structure or use pursuant
to § 163-23D.
A.
The municipal agency shall hold a hearing on each
application for development, or adoption, revision or amendment of
the Master Plan.
B.
The municipal agency shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 14 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records, or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
C.
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.
D.
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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense.
G.
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.
(1)
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.
(2)
The municipal agency may provide such written decision
and findings and conclusions either in the date of the meeting at
which the municipal agency takes action to grant or deny approval,
or, if the meeting at which such action is taken occurs within the
final 45 days of such applicable time period for rendering a decision
of 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 municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by a resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision on the application.
(3)
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 municipal agency 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 municipal
agency, and not to be an action of the municipal agency; 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.
H.
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant, or
if represented then to his attorney without separate charge, and to
all who request a copy of the decision for a reasonable fee. A copy
of the decision shall also be filed by the municipal agency in the
office of the Municipal Clerk. The Municipal Clerk 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.
I.
A brief notice of the decision shall be published
in the official newspaper of the Borough, if there be one, or in a
newspaper of general circulation in the Borough. Such publication
shall be arranged by the applicant. The period of time in which an
appeal of the decision may be made shall run from the first publication
of the decision, whether arranged by the Borough or the applicant.
J.
Carry over hearings. When any hearing before the Board
shall carry over two or more meetings a member of the Board who was
absent for one or more of the meetings shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his
absence from one or more of the meetings; as provided, however, that
such Board member has available to him or her a transcript or recording
of the meeting from which he was absent, and certifies in writing
to the Board that he has read such transcript or listened to such
recording pursuant to N.J.S.A. 40:55D-23(c).
A.
Contents of notices. Notices pursuant to § 163-35A, B or C shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 163-35A 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 for public inspection. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
B.
Notices of applications. Notice pursuant to this section shall be given by the applicant unless a particular section of this chapter otherwise directs: at least 10 days prior to the date of the hearing the applicant shall give public notice of a hearing on an application for development except (1) sketch plat application, and (2) final approval of site plan or major subdivision. Public notice shall be given in the event that relief is requested pursuant to § 163-14 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given at least 10 days prior to date of the hearing as follows:
(1)
By publication in the official newspaper of the Borough.
(2)
Notice 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 subject of such
hearing; provided that this requirement shall be deemed satisfied
by notice to the:
(3)
Serving notice.
(b)
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 homeowner's association, because
of its ownership of common elements or areas located within 200 feet
of the property which is subject of the hearing, may be made in the
same manner as to a corporation without further account of such common
elements or areas.
(c)
Upon the written request of an applicant, the tax search officer of a municipality shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B 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 the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10, whichever is greater, shall be charged for such list.
(4)
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.
(5)
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.
(6)
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.
(7)
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 Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
(8)
The applicant shall file an affidavit of proof of
service on a form prescribed with the municipal agency holding the
hearing on the application for development in the event that the applicant
is required to give notice pursuant to this section.
(9)
Any notice permitted to be made by certified mail
shall be deemed complete upon mailing.
C.
Notice concerning Master Plan. The Planning Board
shall give:
(1)
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any such hearing.
(3)
Notice by personal service or certified mail to the
County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing; such notice shall include a copy of any such proposed
Master Plan or any revision or amendment thereto; and
(b)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
D.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or Official Map.
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any hearing.
(2)
Notice by personal service or certified mail shall
be made to the County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of the municipal capital improvement program, or Municipal Official
Map not more than 30 days after the date of such adoption, revisions
or amendment. Any notice provided hereunder shall include a copy of
the proposed development regulation, Municipal Official Map or the
municipal capital program, or any proposed revision or amendment thereto,
as the case may be.
E.
Notice of farm use.
(1)
As a condition of approval for applications involving a major or minor subdivision, or site plan review, applicant shall provide a copy of § 163-70M of this chapter, entitled "Uses permitted in all zones," to every purchaser within the said subdivision or site plan review area, for the purpose of giving due notice of farm rights to new residents of the Borough.
(2)
Whenever a farm as defined herein or a new major or
minor subdivision abuts a farm, or whenever a new major or minor subdivision
contains space which was not owned by individual homeowners or a homeowners
association, and said space is at least five acres in size, then the
following language shall be inserted in the deed of all lots.
(3)
Grantee is hereby noticed there is, or may in the
future be, farm use near the described premises from which may emanate
noise, odors, dust and fumes associated with agricultural practices
permitted under the "Right to Farm" sections of the Municipal Zoning
Ordinance.
A.
Any interested party desiring to appeal any final decision of the Board of Adjustment approving a use variance pursuant to N.J.S.A. 40:55D-70 shall appeal to the Borough Council. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 163-35G of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Board of Adjustment.
B.
Notice of the meeting to review the record shall be given by the Borough Council via personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 163-35 of this chapter and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit all oral or written arguments on the record at such meeting and the Borough Council shall provide for verbatim recording and transcripts of such meeting as required in § 163-35F of this chapter and N.J.S.A. 40:55D-10f. The appellant shall:
(2)
Within 35 days of service of the notice of appeal,
submit a transcript as otherwise arranged to the Municipal Clerk;
otherwise the appeal may be dismissed for failure to prosecute.
(3)
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection G of § 163-35 and N.J.S.A. 40:55D-10I unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
C.
The governing body may reverse, remand or affirm wholly
or in part, or may modify the final decision of the Board of Adjustment.
D.
The affirmative vote of a majority of the full authorized
membership of the governing body shall be necessary to reverse, remand
or modify any final action of either Board.
E.
An appeal to the governing body shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the Board from whose action the appeal is taken
certifies to the governing body, after the notice of appeal shall
have been filed with such Board, that by reasons of facts stated in
the certificate a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court on application upon notice
to the Board from whom the appeal is taken and on good cause shown.
F.
The governing body shall mail a copy of the decision
to the appellant or if represented then to his attorney, without separate
charge, and for a reasonable charge to any interested party who has
requested it, not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant. The period of time in which an appeal
to a court of competent jurisdiction may be made shall run from the
first publication.
G.
Nothing in this act shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
A.
Generally. The municipal agency shall grant or deny
an application for development within the time period prescribed for
the particular type of application or within such further time as
may be consented to by the applicant.
B.
County Planning Board Review. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the
case of a site plan, the municipal agency shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within required time period.
C.
Combined applications.
(1)
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 163-14, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever an application for development requests relief
pursuant to § 163-25, the Board of Adjustment shall grant
or deny approval of the application within 120 days after submission
by a developer of a completed application to the administrative officer
or within such further time as may be consented to by the applicant.
Failure of the Board of Adjustment to act within the period prescribed
shall constitute approval of the application and certificate of the
administrative officer as to the failure of the Board of Adjustment
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the county
recording officer for purposes of filing subdivision plats.
D.
Extension of time for action. If the scheduled time
of the Planning Board meeting allows insufficient time for the Board
to reach a determination regarding action on an application within
the time prescribed in this section, the applicant shall be requested
to consent to an extension of time. In the event that time for action
expires as a result of failure of the Board to make a quorum, said
fact shall constitute an automatic denial without prejudice.
E.
Tolling or running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented
directly or indirectly from proceeding with the development otherwise
permitted under such approval 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 or welfare and the developer is otherwise
ready, willing and able to proceed with the development, the running
of the period of approval under this act or under any act repealed
by this act, as the case may be, shall be suspended for the period
of time said legal action is pending or directive or such order is
in effect.
(1)
In the event that a developer submits an application
for development 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 or welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare, the municipal agency shall process such
application for development in accordance with this act and municipal
development regulations, and if such application for development complies
with municipal development regulations, the municipal agency shall
approve such application conditioned on removal of such legal barrier
to development.
(2)
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon subsequent approval of such
governmental agency; provided that the municipality shall make a decision
on any application for development within the time period provided
in this act of within an extension of such period as has been agreed
to by the applicant unless the municipal agency is prevented or relieved
from so acting by the operation of law.
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units or for approval of a site to be used for
commercial purposes shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporation stockholder or partner in the partnership, until the names and addresses of the non-corporate stockholders and individual partners, exceeding the 10% ownership criterion established herein, have been listed.
C.
No municipal agency shall approve the application
of any corporation or partnership which does not comply with this
subsection.
D.
Any corporation or partnership which conceals the
names of the stockholders owning 10% of more of its stock, or if the
individual partners owning 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000
which shall be recovered in the name of the municipality in any court
of record in the state in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:59-1 et seq.).
Subject to the standards of § 163-42 below.
A.
A municipal agency, when acting upon applications
for preliminary or minor subdivision approvals shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of an ordinance
adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., if the literal enforcement of one or more provisions of the
ordinance is impracticable or will extract undue hardship because
of peculiar conditions pertaining to the land in question.
B.
A municipal agency, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval of an ordinance adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., if the literal
enforcement of one or more provisions of the ordinance is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
A.
No certificate of occupancy shall be issued for any development prior to the demonstration of satisfactory and full compliance with all laws, ordinances and regulations of any authority having jurisdiction and with any conditions of its municipal approval and the completion of installation of all required improvements. However, subject to the standards set out in § 163-42, the Borough Council upon favorable recommendation of the Planning Board, may direct a conditional certificate to issue, based upon the posting of sufficient cash to guarantee the installation of all remaining required improvements within a period not to exceed six months.
B.
Failure to comply with any of the conditions of municipal
approval subsequent to the receipt of a construction permit or certificate
of occupancy, as the case may be, shall be construed to be a violation
of this chapter and shall be grounds for the revocation of any applicable
construction permit, or certificate of occupancy. If the construction
official finds that any conditions of site plan approval have not
been met he shall give the applicant 10 days written notice to comply
with said conditions and failure to comply within this ten-day period
shall result in revocation of construction permit or certificate of
occupancy.
These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough. Any action
taken by a municipal agency under the terms of this chapter shall
give primary consideration to the above-mentioned matters and to the
welfare of the entire community. However, if the applicant or his
agent can clearly demonstrate that because of peculiar conditions
pertaining to his land, the literal enforcement of these one or more
of requirements is impracticable or will exact undue hardship, the
Planning Board may grant such relief as may be reasonable and in the
best public interest and in accordance with the general purpose and
intent of the rules, regulations, and standards established this chapter.
In making its findings, as required below, the municipal agency shall
take into account the nature of the proposed use, the existing use
of the land in the vicinity, the number persons who will reside or
work in the proposed development and the probable effect of the proposed
development upon traffic conditions in the vicinity. No relief shall
be granted unless the municipal agency finds:
A.
That there are special circumstances or conditions
affecting said property, such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of his land.
B.
That the relief is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
C.
That the granting of the relief will not be detrimental
to the public welfare or injurious to property in the area in which
said property is situated.
Subsequent to approval, performance of all development
shall be in substantial accordance with the final development plan;
provided that the Planning Board may permit a deviation from the final
plan if caused by change of conditions beyond the control of the developer
since the date of final approval, and that the deviation would not
substantially alter the character of the development or substantially
impair the intent and purpose of the Master Plan and zoning ordinance.
