A.
Regular meetings of the Land Use Board shall be scheduled
no less often than once a month, and any meeting so scheduled shall
be held as scheduled unless canceled for lack of applications for
development to process.
B.
Special meetings may be provided for at the call of
the Chair or at the request of any two Board members, which meetings
shall be held on notice to the Board's members and the public, in
accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
P.L. 1975, c. 231.[2] 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 chapter.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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; and the findings, if any, made by it
and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Municipal Clerk. 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 11-24-1981 by Ord. No. 788; 9-23-2003 by Ord. No. 1239; 7-21-2020 by Ord. No. 1615-20]
A.
Fees for applications or for the rendering of any
service by the Land Use Board or any member of its administrative
staff which are not otherwise provided by ordinance may be provided
for and adopted as part of the rules of the Board, and copies of said
rules or of the separate fee schedule shall be available to the public.
B.
A separate fee for transcripts shall be charged at
the current fee per page for the original and at the current fee for
each additional copy thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Fee schedule for land use procedures. At the time
of filing a submission, the applicant shall pay fees as established
below to the Secretary of the Board by certified check or bank money
order. Proposals involving more than one use shall pay a fee equaling
the sum of the fees for the component elements of the application.
Proposals requiring a combination of approvals, such as subdivision,
site plan and/or a variance, shall pay a fee equal to the sum of the
fee for each element. These application fees shall be separate and
apart from escrow deposits for professional services as hereinafter
set forth. The fees for applications or for the rendering of any service
by the Land Use Board by the provisions of this chapter shall be as
follows:
(1)
Commercial additions: $400.
(2)
Commercial new construction: $1,000.
(3)
Commercial use variance: $750.
(4)
Residential additions (including in-ground pool):
$100.
(5)
Residential new construction: $200.
(6)
Residential use variance: $300.
(7)
Minor subdivision, without variance: $250.
(8)
Minor
subdivision, with variance: $400.
(9)
Major
subdivision, without variance: $400.
(10)
Major
subdivision, with variance: $750, plus $75 per lot.
(11)
Deck variance: $50.
(12)
Fence variance: $50.
(13)
Home occupation sign: $50.
(14)
All other signs: $250.
(15)
Special meeting requests: $375 for residential
(plus additional fees for attorney, secretary, etc.); $1,000 for commercial
(plus additional fees for attorney, secretary, etc.).
[Added 2-11-1985 by Ord. No. 871; amended 5-20-2003 by Ord. No. 1231; 9-29-2003 by Ord. No. 1239; 7-21-2020 by Ord. No. 1615-20]
A.
Deposit for inspection of site plan and subdivision.
In addition to the application fees or other fees required, the applicant
shall deposit at the time of site plan or subdivision application
an escrow to cover engineering, investigation and inspection of improvements,
legal and planning costs, recording fees and all other costs in connection
with the site plan or subdivision. All escrow deposits are intended
solely to reimburse the municipality and the approving authority for
expenses incurred by them, or either of them, on account of the performance
of their respective professionals and consultants with respect to
a particular application.
B.
Rules governing escrow deposits.
(1)
Upon
receipt of an application for one of the above applications, the Administrative
Officer shall send a copy of the application and one set of all maps
and reports to the professionals and consultants of the approving
authority. Within a reasonable time of receipt of the same, said professionals
shall submit an estimate of funds sufficient in amount to undertake
technical reviews and findings of fact relative to the application
at hand. Such estimated deposits shall be approved by the approving
authority and may, from time to time, be reviewed by the governing
body. The applicant shall forthwith deposit funds on demand, which
funds shall be required to be placed in an escrow account by the Treasurer
of the Borough of Emerson. Such funds on deposit shall be expended
to reimburse the municipality and the approving authority for moneys
paid to professionals and consultants engaged by them on account of
the reasonable cost of their services rendered with reference to the
application for which the deposit has been established. Upon receipt
of the funds above and herein provided for, the secretary of the approving
authority shall notify the professionals and other consultants of
the approving authority that all appropriate examinations and reviews
may be undertaken.
(2)
In
the event that the funds in the escrow account should become depleted
prior to the completion of the application procedure and additional
funds are necessary to cover the cost of processing the application,
additional funds shall be paid by the applicant to the Treasurer of
the Borough of Emerson and placed in the appropriate account, subject
to the conditions above provided for. All escrows must be fully replenished
upon request prior to the Board hearing of an application and prior
to the issuance of any building permit.
(3)
In
order to expedite the processing of applications by the Borough agency,
the Administrative Officer shall notify the applicant, in writing,
when additional funds are necessary. Such additional funds shall be
deposited no later than one week prior to the next regularly scheduled
meeting of the Board (If payment is made less than one week prior
to the next Board meeting, then payment must be made by official bank
check, certified or bank cashier's check.), and the applicant's failure
to comply shall constitute grounds for postponement or dismissal of
the application. In the event that such failure to deposit shall continue
for more than 30 days after the date of the Administrative Officer's
written notification to the applicant, then the Board chairperson
shall make a motion to dismiss the application at the next regularly
scheduled meeting of the Board.
(4)
The
approving authority shall not process and/or take formal action on
the application unless all application fees and escrow funds have
been paid in the manner described herein by the applicant to the Treasurer
of the Borough of Emerson, except those provided to be paid upon application
for final approval, which shall be payable to the Borough Treasurer
at the time specified.
(5)
All
escrow charges which are due and owing shall become a lien upon the
property which is the subject of the application for development and
shall remain so until paid. Overdue escrow charges shall accrue the
same interest as established for real property taxes in the Borough.
The Borough shall have the same remedies for collection of escrow
charges with interest, cost and penalties as it has by law for the
collection of other fees.
(6)
Funds
remaining in the escrow account at the completion of the project or
phase of the application procedure, as the case may be, shall be returned
without interest to the applicant as soon as is practicable.
C.
The minimum deposit for any application to the Land
Use Board to cover the professional and inspection costs for both
residential and commercial applications shall be:
(1)
Escrow deposit.
(a)
Residential site plan application: $1,000 (separate check).
(b)
Commercial site plan application: $5,000 (separate check).
(c)
New construction, single-family home: $5,000.
(d)
Developers, multifamily home: $3,000 per unit.
(e)
Subdivision application: $5,000.
(f)
Residential addition: $2,500.
(g)
Other commercial, professional, business and nonprofit entity applications:
$5,000.
(h)
Other residential applications and any other applications not listed
above: $1,500.
A.
Rules. The Land Use Board shall make rules governing
the conduct of hearings before such bodies, which rules shall not
be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or
of this chapter.
B.
Oaths. The officer presiding at the hearing, or such
person as he may designate, shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, 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 Chair, 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
Chair 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. The Board shall provide for the verbatim
recording of the proceedings by either stenographic or mechanical
or electronic means. The Board shall furnish a transcript, or a duplicate
recording in lieu thereof, on request to any interested party at his
expense.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner, as shown on said current tax
duplicate, or his agent in charge of the property or by mailing a
copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. The applicant shall file an
affidavit of proof of service 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. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 47-28B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Section 6b of P.L.
1975, c. 291 (N.J.S.A. 40:55D-10b).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I.
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; 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall, within seven days after receipt of a request therefor and upon receipt of a payment of a fee of $.025 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 Article III, § 47-28B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
shall include findings of fact and conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board,
within 10 days of the date of decision, to the applicant or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
[Amended 2-18-2003 by Ord. No. 1218]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Clerk of the Land Use Board without separate
charge to the applicant. Said notice shall be sent to an 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 40:55D-65, every application for development submitted to the
Land Use Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by the 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.
[Added 6-20-1989 by Ord. No. 953]
A.
An application for development in the Borough of Emerson
made to the Land Use Board shall not be considered complete for purposes
of commencing the applicable time period for action by the municipal
agency unless the application contains all of the information listed
on the appropriate checklist[1] or the requirement for said information has been waived
by the municipal agency.
[1]
Editor's Note: Current checklists and application
forms are on file at the office of the Land Use Board.
B.
In addition to the information required by the appropriate
checklist, the applicant requesting site plan approval shall complete
in its entirety and submit to the municipal agency an application
for site plan approval in the form set forth in Schedule F, attached
hereto.[2]
[2]
Editor's Note: Current checklists and application
forms are on file at the office of the Land Use Board.
C.
In addition to the requirements set forth in the appropriate
checklist, an applicant requesting a subdivision shall complete and
submit to the municipal agency an application for subdivision of land
in the form attached hereto as Schedule G.[3]
[3]
Editor's Note: Current checklists and application
forms are on file at the office of the Land Use Board.
