[Amended 9-22-2008 by Ord. No. 7-08]
A. Conflicts of interest. No member of the Planning Board
shall act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter and shall
not participate in any discussion or decision relating thereto.
B. Compensation. All members of the Planning Board shall
serve without compensation.
C. Attorney. There is hereby created the office of Attorney
for the Planning Board. The Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Attorney, who shall
be an attorney other than the Borough Attorney or the Planning Board
Attorney, as the case may be. Such compensation shall be within the
appropriation made by the Borough Council.
D. Experts and staff. The Board may employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
E. Rules and regulations. The Boards shall adopt such
rules and regulations and bylaws as may be necessary to carry into
effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and taking of testimony, the
provisions of the County and Municipal Investigations Law (N.J.S.A.
2A:67A-1 et seq.) shall apply.
F. Meetings.
(1) Meetings of the Planning 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.
(2) Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
(3) No action shall be taken at any meeting without a
quorum being present.
(4) All actions shall be taken by majority vote of a quorum
except as otherwise required by any provisions of the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
(5) 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 Act
(N.J.S.A. 10:4-6 et seq.).
G. Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Borough 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 by ordinance.
H. Hearings.
(1) Rules. The Planning Board shall make rules governing
the conduct of hearings before such bodies, which rules shall not
be inconsistent with the provisions of the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) or of this chapter.
(2) 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3) Testimony. The testimony of all witnesses relating
to an application of 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, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
(4) Evidence. Technical rules of evidence shall not be
applicable to the hearings, but the Board may exclude irrelevant,
immaterial or unduly repetitious evidence.
(5) Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means.
(6) Maps and documents. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the Planning Board.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
I. Notice requirements for hearing. Notice of a hearing shall be given in cases of applications for preliminary approval of a major subdivision; all applications which require a variance; all applications for site plan review involving property in a residential zone; and all site plan applications involving the construction of a new principal building. The Planning Board, or any committee thereof established by ordinance, may require notice where a site plan application is found to have significant impact on neighboring properties. The applicant shall provide such notice as provided by statute as well as the following [exclusive of Subsection
I(8) which shall apply to the Borough]:
(1) Public 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 shall be given to the owners of all real property,
as shown on the current Tax Map, 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 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. A return receipt is not required. Notice to a partnership
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.
(3) Notice of all hearings on application for development involving property located within 200 feet of an adjoining municipality shall be given, by personal service or certified mail, to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
I(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) Notice shall be given, by personal service or certified
mail, to the County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining another county or situated within 200 feet of a municipal
boundary.
(5) Notice shall be given, by personal service or certified
mail, to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6) Notice shall be given, by personal service or certified
mail, to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
(7) 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.
(8) Notice of hearing on the Master Plan, a capital improvement
program or the Official Map shall be given in accordance with the
following:
(a)
For the Master Plan: N.J.S.A. 40:55D-13.
(b)
For a capital improvements program or the Official
Map: N.J.S.A. 40:55D-15.
(9) Any notice made by certified mail as hereinabove required
shall be deemed as complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
J. Form of notice and mailing. 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
and 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 Borough Clerk's office, and the
location and times at which any maps and documents for which approval
is sought are available as required by law.
K. List of property owners furnished. 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 payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
I of this section.
L. Decisions.
(1) Written decision; resolution.
(a)
Each decision on any application for development
shall be reduced to writing as provided in this subsection and shall
include findings of facts and conclusions based thereon. 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.
(b)
The municipal agency may provide such written
decision and findings and conclusions, either on 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 the applicable time period for rendering a decision
on the application for development, within 45 days of such meeting,
by the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision on the application.
(c)
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.
(d)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections
L(2) and
(3) of this section.
(2) A copy of the decision shall be mailed by the Secretary
of 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 and made
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 Borough.
(3) Publication of decision. A brief notice of every final
decision shall be published in the official newspaper of the Borough.
Such publication shall be arranged by the Secretary of the Planning
Board with actual charges to be paid by the applicant. Said notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision.
M. Conditional approvals.
(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 and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Planning Board shall process
such application for development in accordance with this chapter and,
if such application for development complies with this chapter, the
Planning Board shall approve such application conditioned on the 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 Planning Board, the Planning Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the Borough shall make a decision
on any application for development within an extension of such period
as has been agreed to by the applicant, unless the Planning Board
is prevented or relieved from so acting by the operation of law.
N. Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and N.J.S.A. 40:55D-45, every application for development
submitted to the Planning 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 either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the Borough will be adequately protected.
O. Finding of complete application. Within 45 days of
the submission of an application for development, the Planning Board
shall determine if the application is complete. If found incomplete,
the applicant shall be informed promptly as to what elements are lacking
or are inadequate. The maximum time limits specified in this chapter
for action on an application for development shall commence from the
date of the findings of a complete application by the Planning Board
or from 45 days from submission if no determination is made.
[Amended 9-13-1982; 4-23-1990 by Ord. No. 7-90; 3-26-2001 by Ord. No.
2-01; 9-22-2008 by Ord. No. 7-08]
There shall be a fee charged in connection with
any application for development, and the applicant shall be responsible
for the cost of professional services rendered to the Borough in connection
with the review of the application as well for the review and preparation
of documents, inspection of improvements and other services related
to the application. A fee shall also be charged for certain other
actions of the Board and Borough Council. The amount of these fees
and the amount of the initial deposit toward the cost of professional
services shall be as provided in the Fee and Initial Escrow Schedule
at the end of Subsection F.
A. Definitions. As used in this section, the terms set
forth below shall have the meanings indicated:
BOARD
The Hampton Borough Planning Board.
DIMENSIONAL VARIANCE
An application for a variance pursuant to the provisions
of N.J.S.A. 40:55D-70(c).
ESCROW CHARGE
The payments made by an applicant for professional services.
PLANNING VARIANCE
An application for a variance pursuant to the provisions
of N.J.S.A. 40:55D-34 (building unrelated to a public street) or N.J.S.A.
40:55D-35 (building within public right-of-way).
PROFESSIONAL SERVICES
Services rendered by the attorney, engineer and planner regularly
retained by the Board, as well as services rendered by outside consultants
retained when an application is of a nature beyond the scope of the
expertise of these regularly retained professionals. Such services
shall include reimbursement for the actual out-of-pocket expenses
of any such professional or consultant.
SPECIAL MEETING
A meeting held on a date or time other than the date and
time for a regularly scheduled monthly meeting.
TAX EXEMPT ORGANIZATION
A charitable, philanthropic, fraternal or religious nonprofit
organization holding a tax exempt status under Section 501(c) or 501(d)
of the Internal Revenue Code.
USE VARIANCE
An application for a variance pursuant to the provisions
of N.J.S.A. 40:55D-70(d).
B. General rules.
(1) All fees and initial escrow deposits shall be paid
at the time of submission of the application for development, and
the application shall not be considered complete until such charges
are paid.
(2) If an application for development requests more than
one category of approval, the total charge shall consist of the normal
charge for each category. If, however, an application seeks approval
for more than one dimensional variance, only a single dimensional
variance charge shall be due. Similarly, if an application seeks approval
for more than one category of relief requiring a use variance, a single
use variance charge shall be due. Applications seeking both dimensional
and use variance relief shall require the payment of the charge for
each.
(3) Fees or charges required under any separate chapter
of the Borough Code shall be in addition to the fees and escrow charges
specified in this chapter.
(4) Fees paid for an informal hearing shall be credited
against the charges due for a formal application for development.
(5) Applicants for development shall execute an escrow
agreement which specifies their payment obligation with respect to
professional services rendered in connection with their application.
(6) The Hampton Borough and North Hunterdon Regional High
School Board of Education shall be exempt from the payment of the
fees specified in this chapter.
(7) Other tax-exempt organizations shall be permitted to post a single application fee of $100 and then apply to the Board for a determination that they qualify qualifies for the fee and escrow charge reduction provided in Subsection
D.
(8) Applications for a dimensional variance seeking to
promote accessibility to a living unit of a disabled person shall
be exempt from the payment of the fees specified in this chapter.
C. Additional fees and charges.
(1) Transcripts. The Board may require the taking of testimony
stenographically and having the same transcribed. All such costs shall
be borne and paid for by the applicant. Upon a determination by the
Board that a stenographic transcript is necessary or desirable, a
deposit in an amount equal to the cost of a three-hour meeting shall
be paid by the applicant prior to the next hearing date. Fees for
stenographic and transcription services shall be in addition to the
fees specified elsewhere in this chapter. Deposits shall be replenished
for all subsequent hearings. The applicant may hire a qualified stenographic
service of the applicant's choice in lieu of having the Board hire
a stenographer. In all cases, both the Board and the applicant shall
be provided with a copy of the transcript.
(2) Special meetings and site inspections. A fee may be
charged if an applicant requests a special meeting or an on-site inspection
by the entire Board. The Board shall not be obliged to grant any such
requests.
(3) Approval certificates. A fee may be charged for the
issuance of any document certifying to the approval of a development
application other than the resolution of approval.
D. Determination of fees for tax-exempt organizations.
A tax-exempt organization shall be exempt from the payment of subsequent
application fees if the following conditions are met:
(1) The organization provides its services primarily to
the residents of the Borough and surrounding communities.
(2) The organization has been providing such service for
at least three years.
(3) The property which is the subject of the application
is to be used in connection with providing such service.
E. Sharing of professional expenses. A qualifying tax-exempt
organization may petition the Borough Council to enter into an agreement
to share the cost of professional services upon a finding that the
project will be significantly beneficial to the residents of the Borough.
F. Payment for professional services.
(1) An application for development shall be accompanied by a payment toward the cost of professional services in an amount provided under the provisions of Subsection
F. The initial payment shall be placed in escrow and administered by the Borough's Chief Financial Officer in accordance with the provisions of N.J.S.A. 40:55D-53.1.
(2) Where the application is for an informal review or
for the modification or extension of a prior approval, an applicant
seeking pre-meeting review of the application shall specify the maximum
time a professional shall spend reviewing the proposal, in increments
of one hour, and shall specify whether such review shall be made by
the Board Attorney, the Board Engineer, or both.
(3) Payment from the escrow shall be pursuant to a voucher
from the professional in accordance with the provisions of N.J.S.A.
40:55D-53.2(c).
(4) If the Board determines that the cost of the professional
services required to properly evaluate an application will exceed
the existing escrow balance, the applicant, upon notice, shall be
obliged to replenish the escrow to an amount equal to the estimated
amount due at the conclusion of the next hearing.
(5) Whenever the amount left in escrow is equal to less than 20% of the initial escrow amount, the Chief Financial Officer shall notify the applicant of this fact. The applicant shall then replenish the escrow to its original amount or post the amount needed specified by the Board pursuant to Subsection
F(3) or petition the Board to permit the posting of a lesser amount.
(6) Statements accounting for the activity in the escrow
shall be sent to the applicant either quarterly, if monthly charges
are less than $1,000, or monthly, if the charges exceed $1,000.
(7) If there are insufficient funds to enable the Borough
or the Board to perform required application reviews or improvement
inspections, the applicant shall be notified and given 10 days to
post sufficient funds. If the funds are not posted, the application
shall be deemed either incomplete or become subject to dismissal without
prejudice. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
(8) Notice under this subsection shall be deemed given
if the applicant or the applicant's attorney is personally informed
by the Board or upon the mailing of a notice from the Chief Financial
Officer to the applicant.
(9) The escrow shall be closed out in accordance with
the provisions of N.J.S.A. 40:55D-53.2(d).
(10)
An applicant shall have the appeal rights specified
in N.J.S.A. 40:55D-53.2a.
|
Fee and Initial Escrow Schedule
|
---|
|
Application or Service
|
Application Fee
|
Initial Escrow Deposit
|
---|
|
Subdivisions
|
|
Simple lot line adjustment/merger
|
$50
|
$600
|
|
Minor subdivision approval
|
$200
|
$1,000
|
|
Major subdivision preliminary plat
|
$600
|
$2,000
|
|
Major subdivision final plat
|
$300
|
$1,500
|
|
Zoning
|
|
Appeal from Zoning Officer decision
|
$100
|
$600
|
|
Request for interpretation
|
$100
|
$600
|
|
Dimensional variance
|
$200
|
$1,000
|
|
Use variance
|
$200
|
$2,000
|
|
Planning variance
|
$200
|
$300
|
|
Site Plans
|
|
Site plan waiver request
|
$50
|
$300
|
|
Minor site plan
|
$100
|
$600
|
|
Preliminary site plan approval
|
$300
|
$4,0001
|
|
Final site plan approval
|
$150
|
$2,000
|
|
Telecommunications site plan exempt [Added 4-12-2018 by Ord.
No. 02-2018]
|
$450
|
$1,500
|
|
Other Applications
|
|
Conditional use approval
|
$200
|
$600
|
|
Informal hearing
|
$100
|
$3002
|
|
Request modification/ extension of approval
|
$50
|
$3002
|
|
Rezoning application
|
$500
|
$600
|
|
Other Charges and Fees
|
|
Approval certificate
|
$25
|
|
|
On-site inspections
|
$500
|
|
|
Special meeting
|
$500
|
|
|
Certificate of nonconformity
|
3
|
|
|
NOTES:
|
---|
|
1.
|
If the site is larger than one acre, the escrow
deposit shall be $6,000.
|
|
2.
|
If the applicant elects to have the application
reviewed by the Board's professionals in advance of the hearing, there
shall be an additional escrow deposit equal to the then applicable
hourly rate of the professional(s) chosen to conduct the review.
|
|
3.
|
The fee for certificates issued by the Zoning
Officer pursuant to N.J.S.A. 40:55D-68 are governed by N.J.S.A. 54:5-14
and N.J.S.A. 54:5-15, which set fees for certain tax searches.
|
[Added 12-14-1982; amended 5-14-1984]
A. Any interested party may appeal to the Borough Council
any final decision of the Planning Board on any class of applications
for development. Such appeal shall be made within 10 days of the date
of publication of such final decision pursuant to N.J.S.A. 40:55D-10i.
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 thereof and the name and address of the appellant and
name and address of his attorney, if represented. Such appeal shall
be decided by the Borough Council only upon the record established
before the Planning Board.
[Amended 8-9-2010 by Ord.
No. 5-10]
B. Notice of the meeting to review the record below shall
be given by the Borough Council, by personal service or certified
mail, to the appellant, to those entitled to notice of a decision
pursuant to N.J.S.A. 40:55D-10h and to the Board from which the appeal
is taken at least 10 days prior to the date of the meeting. The parties
may submit oral and written arguments on the record at such meeting,
and the Borough Council shall provide for verbatim recording and transcripts
of such meeting pursuant to N.J.S.A. 40:55D-10f.
C. The Borough Council shall conclude a review of the
record below not later than 45 days from the date of receipt of the
transcript of the hearing unless the appellant consents, in writing,
to an extension of such period. The appellant shall arrange for a
transcript pursuant to N.J.S.A. 40:55D-10f, or otherwise, for use
by the Borough Council. Failure of the Borough Council to hold a hearing
and conclude a review of the record below and to render a decision
within such specified period, without such written consent of the
appellant, shall constitute a decision affirming the action of the
Board.
D. The Borough Council may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Planning
Board.
[Amended 8-9-2010 by Ord.
No. 5-10]
E. The affirmative vote of a majority of the full authorized
membership of the Borough Council shall be necessary to reverse, remand
or modify any final action of either Board.
F. The Borough Council shall mail a copy of the decision
to the appellant or, if represented, then to his attorney, without
separate charge, and for a charge of $0.25 per page, 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 Borough. Such publication shall be
arranged by the Borough Clerk at the expense of the applicant. The
charge for such publication shall be $5 plus the fee for publication
and proof of publication charged by the newspaper.