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 under
the terms of this chapter shall give primary consideration to the
welfare of the entire community.
All provisions of this chapter may be amended in accordance
with applicable laws.
Any interested party may appeal to the governing body any final
decision of a board of adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within
10 days of the date of publication of such final decision. The appeal
to the governing body 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 governing body only upon the record established before
the Planning Board.
[Amended 11-6-1989 by Ord. No. 15-89; 8-4-2009 by Ord. No. 11-2009; 8-14-2018 by Ord. No. 2018-15]
A.
Establishment and composition:
(1)
The Planning Board is hereby established consisting of nine members
who shall serve for a term pursuant to N.J.S.A. 40:55D-23, except,
upon the adoption of this chapter, the present members of the Planning
Board now holding office shall continue therein until present terms
expire. Each Class I and Class II member shall be appointed by the
Mayor. The Class III member shall be appointed by the Borough Council.
Class IV members, of which there shall be six, shall be appointed
by the Mayor. The terms of all Class IV members first appointed under
this section shall be determined so that to the greatest practical
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment. The term of each Class
IV member shall not exceed four years. The MLUB shall have all the
powers delegated to it under the provisions of the Municipal Land
Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Alternate members of the Planning Board may be appointed as follows:
one alternate member in Class II; one alternate member in Class III;
two alternate members in Class IV. Alternate members of Classes II
and III shall be appointed for terms to expire at the same time as
the terms of regular members of their respective classes. Alternate
members of Class IV shall serve for terms of two years; provided,
however, that in the event that two alternate members of Class IV
are appointed the initial terms of such members shall be one and two
years, respectively. Such alternate members shall be designated by
the Chairman as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3" and "Alternate No. 4" and shall serve in rotation during the absence
or disqualification of any regular member or members of Class IV.
Alternate members of each class shall be appointed by the same appointing
authority as regular members of that class.
(3)
No Class I and Class III Planning Board member shall participate
in the consideration of applications for development which involve
relief pursuant to subsection d of N.J.S.A. 40:55D-70.
B.
Planning Board authority.
(1)
No variance or other relief may be granted under the provisions of
this section unless granted without substantial detriment to the public
good and not substantially impairing the intent and purpose of the
zone plan and this chapter.
(2)
The Planning Board shall have powers to:
(a)
Hear and decide, by majority vote, appeals where it is alleged
by the appellant that there is error in any order, requirement, decision
or refusal made by an administrative officer based on or made in the
enforcement of this chapter.
(b)
Hear and decide, by majority vote, requests for interpretation
of the Zoning Map or this chapter or for decisions upon other special
questions upon which such Board is authorized by this chapter to pass.
(c)
Grant by majority vote a variance from the strict application
of the zoning regulations where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property or by reason
of exceptional topographic conditions or by reason of other extraordinary
and exceptional situation or condition of such piece of property,
the strict application of any regulation in the zoning provisions
of this chapter would result in peculiar and exceptional and undue
hardship upon the owner of such property or where, in an application
or appeal relating to a specific piece of property, the purposes of
the Municipal Land Use Law[2] would be advanced by a deviation from said zoning provisions and the benefits of the deviation would substantially outweigh any detriment, except that if the applicant requires subdivision, site plan or conditional use approval by the Planning Board, the request for a variance under these circumstances shall be acted on by the Planning Board in conjunction with the subdivision, site plan or conditional use application. No variance to allow the departures enumerated in Subsection B(2)(d) below shall be granted pursuant to this Subsection B(2)(c).
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(d)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board. Whenever there is a "d" variance[3] application, the Planning Board shall have the power to
grant subdivision, site plan or conditional use approval in conjunction
with its action on the "d" variance and may impose restrictions on
the subdivision, site plan or conditional use application in the same
manner as the Planning Board. Such action on the subdivision, site
plan or conditional use application as part of a "d" variance application
shall be limited to the lot concerning the "d" variance. Any remaining
land proposed for development, but not requiring a "d" variance, shall
be submitted to the Planning Board as the approving authority.
[3]
Editor's Note: This refers to Subsection d of N.J.S.A. 40:55D-70.
(e)
The Planning Board shall have the power to direct 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
on the Official Map and direct issuance of a permit for a building
or structure not related to a street.
C.
Appeals and applications.
(1)
Appeals to the Planning Board may be taken by any interested party
within 20 days of the action by the officer from whom the appeal was
taken. Three copies of the notice of appeal shall be filed with the
administrative officer specifying the grounds for the appeal. The
officer from whom the appeal is taken shall transmit to the Board
all the papers constituting the record.
(2)
Applications to the Planning Board shall be filed with the administrative
officer. Three copies of the application shall be filed, along with
all plot plans, maps or other papers required by this chapter or rule
of the Planning Board.
(3)
An appeal stays all proceedings unless the officer from whom the
appeal is taken certifies to the Planning Board that by reason of
facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed other than by an order of the Superior Court of New
Jersey upon notice to the officer from whom the appeal is taken and
on due cause shown.
(4)
Any application may be referred to any person or agency for its report,
provided that such reference shall not extend the period of time within
which the Planning Board shall act.
D.
Power to reverse or modify decisions. The Planning Board may reverse
or affirm wholly or partly or may modify the order, requirement, decision
or determination appealed from and make such other requirement, decision
or determination as ought to be made and, to that end, have all the
powers of the administrative officer from whom the appeal was taken.
E.
Time for decision. The Planning Board shall render its decision not
later than 120 days after the date an appeal is taken from the decision
of an administrative officer or not later than 120 days after the
submission of a complete application for development without prior
application to the administrative officer. Failure of the Board to
render a decision within such one-hundred-twenty-day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
F.
Expiration of variance. In the granting of hardship and use variances,
a time limit of one year from the date of the variance approval shall
be set, within which time the owner shall secure a building permit;
otherwise the variance granted shall be null and void. The approving
authority may for good cause shown extend the period for securing
a building permit for an additional period not exceeding six months.
All requirements of this chapter shall be met at the time of
any erection, enlargement, moving or change in use.
A.
Before any permit shall be issued for a conditional use, applications
shall be made to the approving authority, who shall after public hearing
grant or deny the application within 95 days of submission of a complete
application to the administrative officer or within such further time
as may be consented to by the applicant. Notice of the hearing shall
include reference to all matters being heard, including site plan
and/or subdivision, and the approving authority shall review and approve
or deny the subdivision or site plan simultaneously with the conditional
use application. Failure of the approving authority to act within
the required time period shall constitute approval of the application.
In reviewing the application, the approving authority shall review
the number of employees or users of the property and the requirements
set forth in this chapter and shall give due consideration to elements
which would affect the public health, welfare, safety, comfort and
convenience, such as but not limited to the proposed use(s), the character
of the area, vehicular travel patterns and access, pedestrianways,
landscaping, lighting, signs, drainage, sewage treatment, potable
water supply, utilities and structural location(s) and orientation(s).
Each conditional use shall be considered as an individual case. In
all requests for approval of conditional uses, the burden of proof
shall be on the applicant even though a conditional use shall be a
permitted use in the district in which it is located. Conditional
uses shall require site plan approval. Prior to making its decision,
the approving authority shall be satisfied that the conditional use
is reasonably necessary for the convenience of the public in the location
proposed.
B.
In approving a conditional use, a time limit of one year from the
date of the approval shall be set, within which time the owner shall
secure a building permit; otherwise the approval shall be null and
void. The approving authority may for good cause shown extend the
period for securing a building permit for an additional period not
to exceed six months.
This chapter shall take effect upon final passage, publication
and filing with the County Planning Board.
It shall be the duty of the Zoning Officer to administer and
enforce the zoning provisions of this chapter. No zoning permit shall
be issued unless the proposal is in compliance with this chapter.
In cases involving the new use of an existing structure, no certificate
of occupancy for the new tenant shall be issued until a zoning permit
has been issued.
[Amended 12-27-1979 by Ord. No. 31-79; 5-11-1982 by Ord. No. 5-82; 10-3-2000 by Ord. No. 12-2000; 11-17-2008 by Ord. No. 13-2008; 8-17-2010 by Ord. No. 10-2010]
A.
Filing fees. The applicant shall, at the time of filing an application
for development or other relief, pay the following nonrefundable fees
to the Borough by certified check or bank money order (fees per lot
shall be based on all lots in the subdivision, including any lot constituting
so-called "remaining lands"):
Minor subdivision
|
$250
| |||
Major subdivision
| ||||
Preliminary
| ||||
Fewer than 10 lots
|
$700
| |||
More than 10 lots
|
$1,000
| |||
Final
| ||||
Fewer than 10 lots
|
$500
| |||
More than 10 lots
|
$750
| |||
Request for extension of approval
|
$100
| |||
Site plans:
| ||||
Preliminary
|
$350
| |||
Final
|
$250
| |||
Request for site plan waiver
|
$50
| |||
Minor site plan
|
$250
| |||
Concept plan (per meeting)
|
$250
| |||
Special meetings
|
$500
| |||
Variances:
| ||||
Appeals (N.J.S.A. 40:55D-70a)
|
$250
| |||
Interpretation (N.J.S.A. 40:55D-70b)
|
$250
| |||
"c" variance (N.J.S.A. 40:55D-70c)
|
$250
| |||
"d" variance (N.J.S.A. 40:55D-70d)
|
$400
| |||
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$250
| |||
Certified list of property owners
|
$0.25 per name or $10, whichever is greater
| |||
Copies of minutes, transcripts or resolutions
|
$1 per page for first copy; $0.25 per page for each additional
copy
| |||
Subdivision approval certificate (per certificate)
|
$15
| |||
Lot line adjustment
|
$200
| |||
Rezoning application
|
$500
| |||
Conditional use permit
|
$250
|
B.
Review fees/escrow deposits. In addition to the fees set forth in Subsection A, an applicant shall, at the time of filing an application for development or other relief, pay the following refundable escrow fees to the Borough by certified check or bank money order to cover the cost of engineering, planning, inspection and legal services incurred by the Borough as a result of such applications:
Minor subdivision
|
$1,000
| |||
Major subdivision:
| ||||
Preliminary
| ||||
Fewer than 10 lots
|
$400 per lot
| |||
More than 10 lots
|
$2,000 plus $300 per lot
| |||
Final
| ||||
Fewer than 10 lots
|
50% of preliminary review fee
| |||
More than 10 lots
|
50% of preliminary review fee
| |||
Request for extension of approval
|
$500
| |||
Site plans:
| ||||
Preliminary
|
$10 per 1,000 square feet of lot area plus $50 per 1,000 square
feet of building area and paved driveway/parking area
| |||
Final
|
50% of preliminary review fee
| |||
Request for site plan waiver
|
$500
| |||
Minor site plan
|
$750
| |||
Concept plan
|
$1,000
| |||
Special meetings
| ||||
Variances:
| ||||
Appeals (N.J.S.A. 40:55D-70a)
|
$500
| |||
Interpretation (N.J.S.A. 40:55D-70b)
|
$250
| |||
Hardship (N.J.S.A. 40:55D-70c)
|
$500
| |||
Use (N.J.S.A. 40:55D-70d)
|
$1,500
| |||
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$1,000
| |||
Subdivision approval certificate, per certificate
|
$50
| |||
On-site inspections
|
5% of estimated costs of improvements; minimum of $500
| |||
Lot line adjustment
|
$500
| |||
Rezoning application
|
$2,000
| |||
Conditional use permit
|
$750
|
C.
Refunds and additional escrow payments. If, at the completion and
municipal approval and acceptance of all required improvements on
a site plan or subdivision, the sum deposited with the Borough of
Washington by the applicant pursuant to this section to cover the
cost of engineering, planning, inspection and legal services should
exceed the expense actually incurred by the Borough for such services,
the applicant, upon written request made within one year following
the date of such acceptance, shall be entitled to the return of the
amount by which his deposit aforesaid exceeds such actual costs, without
interest. Where the costs of engineering, planning, inspection and
legal services exceed the sum deposited with the Borough, the applicant
shall reimburse the Borough for such additional costs and shall maintain
a positive balance in its escrow account.
D.
Appeal to the governing body. Any appeal to the Borough Council shall
be accompanied by a two-hundred-fifty-dollar fee together with three
copies of the transcript(s) of the hearing(s) before the Planning
Board.
A.
No final plat shall be approved until all items required to be bonded
have been either installed and approved by the Municipal Engineer
and accepted by the governing body and a maintenance guaranty has
been filed and accepted by the governing body or their installation
shall have been provided for by a performance guaranty accepted and
approved by the governing body. No maintenance bond shall be accepted
for any item which has further stages of work or which will need to
be altered or reworked. Any improvements installed prior to final
plat application that do not meet required standards shall be added
to the performance guaranty.
B.
The applicant shall submit the performance guaranty to the Municipal
Engineer, Attorney and governing body for review and approval by resolution.
Final plat submission shall not be made until the performance guaranty
has been accepted and approved by the governing body.
(1)
The performance guaranty shall consist of a performance bond, in
which the developer shall be principal and the surety shall be an
acceptable surety company licensed to do business in New Jersey, and/or
cash or certified check, which shall be deposited with the Borough
Treasurer. The Treasurer shall issue a receipt for such deposits.
If the improvements have not been completed in accordance with the
standards or within the stipulated time, but no longer than two years,
the obliger and surety shall be liable thereon for the reasonable
cost of completing the improvements. The Borough may, either prior
to or after receipt of the proceeds thereof, complete such improvements.
(2)
The performance guaranty shall equal 120% of the cost of installing
the improvements, together with a maintenance bond equal to 15% of
the cost of any facilities installed prior to final plat submission.
Ninety percent of this total shall be either certified check, bank
money order, irrevocable letter of credit from a federally insured
bank or surety bond of a bonding company approved by and at the option
of the governing body. The remaining 10% shall be certified check
or bank money order payable to the Borough. In the event of default,
the ten-percent cash fund shall be first applied to complete the requirements,
and the cash, certified check, letter of credit or surety bond shall
thereafter be resorted to, if necessary. The Municipal Engineer's
certification that the principal has satisfactorily installed the
improvements or has defaulted shall be the basis for governing body
action which accepts or rejects the improvements, withholds approval,
or extends the time allowed for installation of the improvements.
[Amended 11-6-1989 by Ord. No. 15-89]
C.
Prior to construction, the developer shall arrange for a preconstruction
conference between the developer, contractor and Municipal Engineer.
The Municipal Engineer shall be notified by registered mail by the
developer at least 72 hours in advance of the start of construction.
The cost of inspections shall be the responsibility of the developer,
who shall reimburse the Borough for all reasonable inspection fees
by submitting a certified check or bank money order to the Borough
Clerk. This fee shall be in addition to the amount of the performance
guaranty and all application fees as outlined above and shall be deposited
initially in accordance with the following schedule. The funds shall
be deposited in an interest-bearing escrow account. Upon completion
of the development and all inspections, the developer shall receive
an accounting of the expended funds. Any unspent funds shall be returned
to the developer. Should the initial deposit be insufficient to cover
inspection costs, the developer shall deposit additional sums upon
notice from the Borough Clerk, each additional deposit being in amounts
not to exceed 50% of the initial deposit:
Estimated Construction Cost
|
Inspection Fee
| |
---|---|---|
Under $5,000
|
$350
| |
$5,000 to $10,000
|
$350 + 5% of excess over $5,000
| |
$10,000 to $50,000
|
$600 + 4 1/2% of excess over $10,000
| |
$50,000 to $75,000
|
$2,400 + 4% of excess over $50,000
| |
$75,000 to $100,000
|
$3,400 + 3 1/2% of excess over $75,000
| |
Over $100,000
|
$4,275 + 3% of excess over $100,000
|
D.
No work shall be done without permission from and inspection by the
Municipal Engineer. No underground installation shall be covered until
inspected and approved. The Municipal Engineer's office shall be notified
after each of the following phases of the work has been completed
so that he may inspect the work: road subgrade; curb and gutter forms;
curbs and gutters; road paving (after each coat in the case of priming
and sealing); drainage pipes and other drainage structures before
backfilling; shade trees and planting strips; street name signs; and
monuments.[1]
E.
Occupancy permits may be issued in accord with the provisions of § 94-18 of this chapter only when required fire alarms, curbs, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the streets, driveway and sidewalks, traffic control devices and streetlights are installed to serve the lot and structures for which the occupancy permit is requested. Occupancy permits shall, in no instance, be issued in reliance or partial reliance upon the performance guaranties to ensure the installation of a utility to serve the property to be occupied. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass area shall be the final operation.
[Amended 7-10-1984 by Ord. No. 11-84]
F.
After completing the improvements, the developer shall prepare two
sets of the plans and the profiles amended to read "as constructed"
and apply to the governing body for final inspection of the work.
The Municipal Engineer shall, within 30 days of completing the inspection,
report in writing to the governing body recommending either approval,
partial approval or rejection of the improvements, with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
G.
The governing body shall either approve, partially approve or reject
the improvements and shall notify the obligor by certified mail of
the contents of the Municipal Engineer's 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, except that no approval or partial approval shall
be granted until an acceptable maintenance guaranty has been submitted
and approved to cover the improvements. Where partial approval is
granted, the obligor shall be released from liability pursuant to
its performance guaranty except for a portion sufficient to secure
provision of the improvements not yet approved. 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 and surety, if any, shall be released from liability pursuant
to such performance guaranty.
H.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth shall
be allowed.
I.
Maintenance guaranty. No improvements shall be accepted by the governing
body unless and until all of the following conditions have been met:
(1)
The Municipal Engineer shall have certified in writing that all the
improvements are complete and that they comply with this chapter and
other applicable ordinances.
(2)
The developer has provided a maintenance guaranty to the governing
body in an amount equal to 15% of the cost of improvements and running
for two years. Ninety percent of this total shall be in either certified
check, bank money order or surety bond of a bonding company approved
by and at the option of the governing body. The remaining 10% shall
be in a certified check. The maintenance guaranty shall provide a
guaranty to replace all work performed and all furnished materials
found defective and make good any defects thereof which become apparent
during the two-year period, in addition to regular maintenance, such
as curb replacement and repair, cleaning out catch basins and other
matters. The maintenance guaranty shall be in a form acceptable to
the governing body, Municipal Engineer and Attorney. In the event
that other governmental agencies or public utilities will own the
utilities, or the improvements are covered by a 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.
(3)
To obtain release of the maintenance bond, the developer shall, after
all required maintenance has been completed, apply to the governing
body in writing by certified mail, with a copy to the Municipal Engineer,
for final inspection of the work. The Municipal Engineer shall, within
30 days of receipt of request for inspection, report in writing to
the governing body indicating either approval, partial approval or
rejection of the improvements, with a statement of reasons for any
rejection.
(4)
The governing body shall either approve or reject the improvements
and release of the maintenance bond or reduce the amount of the maintenance
bond, following the same procedures for performance bonds.
All previously adopted subdivision, site plan and zoning ordinances
and their amendments are repealed.
The Planning Board may require, as a condition for approval
of a subdivision or site plan, that a developer pay his pro rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewage and drainage facilities, and easements therefor,
which are located outside the property limits of the subdivision or
development, as the case may be, but are necessitated or required
by construction or improvements within such subdivision or development.
The Planning Board shall determine, in the course of review of any
such application, whether or not any contribution for an off-tract
improvement shall be required. If such contribution shall be required,
the matter shall be referred to the governing body for a determination
as to the funding of such improvement as:
A.
A general improvement.
B.
A local improvement.
C.
The improvement to be performed by the developer with a formula providing
for partial reimbursement if the improvement specially benefits properties
other than the development. The contribution for costs shall be as
set forth in the adopted circulation and utility service plans.
[Amended 12-27-1979 by Ord. No. 33-79; 7-10-1984 by Ord. No. 11-84]
A.
Rules concerning when permits are required.
[Amended 4-9-1985 by Ord. No. 2-85]
(1)
Before any development activities regulated by this chapter occur
on any property, a zoning permit shall be obtained by the owner. The
tenant on the property, with the written permission of the owner,
may apply for the zoning permit. In the event that development activity
occurs without a permit, a summons may be issued to the owner and/or
the tenant, or both, if the nonpermitted development activity is authorized
or performed by the tenant.
[Amended 12-7-2004 by Ord. No. 20-2004]
(2)
It shall be unlawful to commence any land development activity or
commence a change in use of any structure, building or lot or portion
thereof or commence the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building without first
filing a written zoning application with the Zoning Officer and obtaining
the required permit therefor. Ordinary repairs and maintenance may
be performed without need for a zoning permit, including but not necessarily
limited to re-siding, installation of a new roof, painting, rewiring
and internal remodeling.
[Amended 11-6-1989 by Ord. No. 15-89]
B.
Applications.
(1)
The application for a permit shall be submitted in such form as the
Planning Board may prescribe and shall be accompanied by the required
fee as provided for in this section. The application shall contain
a general description of the proposed activity, its location, the
use and occupancy of all parts of the building or structure and such
additional information as may be required by the Zoning Officer to
ensure that the provisions of the chapter are being fulfilled, which
shall include but not be limited to the following:
(a)
The name and address of the owner, such address shall not be
limited to a post office box but shall specify a physical location
where such owner or agent may be found during normal business hours.
Where the owner is a corporation, partnership or other business entity,
the application shall indicate the names and addresses of the officers
or other responsible persons upon whom service may be made.
(b)
The street address and lot and block number of the property
upon which the regulated activity is contemplated.
(c)
A description of the proposed activity, including lot ground
coverage in square feet, total floor area in square feet and the use
existing and intended for such structures, lots or extensions thereof,
the source of sanitary waste disposal and a listing of any special
or unusual substances or hazardous facilities proposed for inclusion
in the building or structure on the lot.
(d)
The estimated cost of the work for which a permit is sought,
including but not limited to building construction, on-site construction
and all integral equipment, built-in furnishings and finishes. Where
any material or labor proposed for installation in the building or
structure is furnished or provided at no cost, its normal or usual
cost shall be included in the estimated cost.
(2)
Applications for a zoning permit shall be made by the owner or his
agent, a licensed engineer, architect or plumbing, electrical or other
contractor employed in connection with the proposed activity. If the
applicant is a person other than the owner in fee, it shall be accompanied
by an affidavit of the owner or the authorized person making the application
that the proposed work is authorized by the owner in fee and that
the applicant is authorized to make such application.
(3)
Every zoning permit application must be accompanied by a plan, drawn
to scale, with sufficient clarity and detailed dimensions to show
the nature and character of the activity to be performed. Plans submitted
shall only be required to show such detail and include such information
as shall be reasonably necessary to assure compliance with the requirements
of the chapter. The plans must show, to scale, the size, shape and
height and elevation of all the new construction and all existing
structures on the site in exact relation to all property lines and
street lines. The plan shall be drawn in accordance with an accurate
boundary survey unless the plan is accompanied by satisfactory evidence
that the property and street lines are accurate and the activity contemplated
does not involve new construction in excess of $5,000.
(4)
An application for a zoning permit for any proposed activity shall
be deemed to have been abandoned three months after date of filing,
except for reasonable cause. The Zoning Officer may grant one extension
of 90 days.
(5)
Amendment to an application, plan or other record accompanying the
same may be filed at any time prior to the completion of the activity
for which the permit is sought or issued, such amendments shall be
deemed part of the original application and shall, if approved, be
filed therewith. If the amendment involves a substantial deviation
from the original application, a new affidavit of consent shall be
required.
C.
Issuance of permits.
(1)
The Zoning Officer shall examine or cause to be examined all applications
for zoning permits and shall examine or cause to be examined all applications
for zoning permits and amendments thereto and approve or deny in whole
or in part the application within 10 business days. If the application
is denied in whole or in part, the enforcing agency shall set forth
the reasons therefor in writing. If the Zoning Officer fails to grant,
in whole or in part, or deny an application within 10 days, such failure
shall be deemed a denial of the application for purposes of an appeal
to the Planning Board, unless such period of time has been extended
with the consent of the applicant.
(2)
Any zoning permit issued shall become invalid if the activity is
not commenced within 12 months after issuance of the permit or if
the authorized work is suspended or abandoned for a period of six
months after the commencing of work.
(3)
The Zoning Officer shall attach his or her signature to every zoning
permit and shall stamp or endorse, in writing, plans approved. By
doing so he or she shall certify to having reviewed and approved the
application for a zoning permit.
(4)
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of facts in the application or on the plans on which the approval
was based.
(5)
A true copy of the zoning permit shall be posted on the site of the
activity and shall be open to inspection during the entire time of
projection of the work and until completion of the same.
(6)
A zoning permit shall be issued prior to the issuance of a building
permit, and no building permit or certificate of occupancy shall be
issued without a valid zoning permit having been issued.
D.
Conditions of permit. The issuance of a zoning permit shall be conditioned
upon the following:
(1)
The payment of appropriate fees.
(2)
That activity will conform to the approved application and plans
for which the permit has been issued, including prior approvals and
any approved amendments thereto.
(3)
That the zoning permit is a license to proceed with the work and
shall not be construed as authority to violate, cancel or set aside
any of the provisions of this chapter.
(4)
That the owner, his agent, contractor or other employees will assist
the enforcing agency in its inspection work, if required.
(5)
The lot and building locations being staked out on the ground before
any construction activity commences, if applicable.
E.
F.
Certificate of occupancy. All certificates of occupancy shall be issued by the Building Inspector. Any new lot or buildings or changes in use shall require a certificate of occupancy prior to the inception of the use. No such certificate shall be issued unless the land, building and use comply with this chapter and comply in all respects with approved subdivision plats or site plans, except that the Planning Board, for good cause shown, may direct the Zoning Officer to issue zoning clearance to allow a certificate of occupancy to be issued by the Building Inspector for parts of such approved subdivisions or site plans, provided that all utilities serving the individual parts of the development for which certificates of occupancy are sought are in place. Good cause shall be a showing by the applicant that the certificate of occupancy for the portions of the site to be occupied may be issued without endangering the health, safety and welfare of the occupants or the general public, are in compliance with § 94-15F, and will not unduly impede the construction work in progress. In all other cases, no certificate of occupancy may be issued prior to the completion of all subdivision and site plan requirements and certification by the Municipal Engineer thereto.
G.
A temporary permit may be issued for a period not to exceed one year
(but may be extended by the issuing officer for good cause shown)
for a sales office or for the storage of construction materials and
supplies as part of the construction of a major development, provided
that, as to such sales office, the following criteria are met:
[Added 11-6-1989 by Ord. No. 15-89]
(1)
The sales office is situated in a dwelling and is on an approved
subdivided lot or is one of the multifamily dwellings in the development.
(2)
Such dwelling unit is similar in general design and construction
to others being sold.
(3)
No business is conducted from such sales office other than sales
of the dwelling units in the development in which such sales office
is located.
(4)
Such sales office shall meet all applicable bulk requirements of
this chapter.
H.
On application, the Borough Manager is authorized to grant permission
to the applicant to place a manufactured home on a nonpermanent foundation
within the Borough for the sole purpose of the homeowners residing
therein on land owned by themselves, pending repair of fire, flood
or other casualty damage to a previously existing single-family dwelling
situate on the same lot, provided that in no case shall any manufactured
home remain so situate in the Borough for a period exceeding 360 days.
[Added 11-6-1989 by Ord. No. 15-89]
[Amended 8-14-2018 by Ord. No. 2018-15]
A.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV. The Board shall select
a Secretary and Assistant Secretary who may or may not be members
of the Board or municipal employees.
B.
Attorney. There is hereby created the office of Planning Board Attorney.
The Board may annually appoint, fix the compensation of or agree upon
the rate of compensation of the Board Attorney, who shall be an attorney
other than the Municipal Attorney.
C.
Experts and staff. The Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall authorize expenditures which exceed, exclusive of
gifts or grants, an amount appropriated by the governing body for
its use.
D.
Rules and regulations. The Board shall adopt such rules and regulations
necessary to carry out its duties.
E.
Conflicts of interest. No member shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any member shall disqualify himself, he shall not continue
to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
F.
Meetings.
(1)
Meetings shall be scheduled no less than once a month, and any meeting
shall be held as scheduled unless canceled for lack of applications
for development to process.
(2)
Special meetings may be called by the Chairman or on request of any
two Board members, provided that there is notice to the members and
public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present.
All actions shall be by majority vote of a quorum, except where a
specified portion of the full authorized membership is required pursuant
to N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34 and 40:55D-70d.
G.
Minutes. Minutes of regular and special meetings shall be kept and
shall include the names of persons appearing and addressing the Board
and of persons appearing by attorney, the action taken, the findings,
if any, and reasons therefor. The minutes shall 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 and be charged a fee for their reproduction.
H.
Hearings.
(1)
Rules. The Board may make rules governing the conduct of hearings.
The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this
chapter. The approving authority may waive the required notices and
hearing for minor and exempt subdivisions and site plans except where
a variance or conditional use is part of the application.
(2)
Oaths. The presiding officer or such person as he may designate shall
have power to administer oaths or 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 of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses 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 indirectly, if not 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, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
Records. The Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
(6)
Certified court reporter. If an applicant desires a certified court
reporter, the cost of taking testimony and transcribing it and providing
a copy of the transcript to the approving authority shall be at the
expense of the applicant, who shall also arrange for the reporter's
attendance.
(7)
When any hearing before the Board shall carry to 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,
provided that such Board member has available to him 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.
The approving authority shall hold a public hearing on each
application for development, except that the approving authority may
waive the required notices and hearing for minor and exempt subdivisions
and site plans unless a variance or conditional use is part of the
application. All public hearings conducted on subdivisions, site plans
or variances before the Planning Board shall follow the requirements
of the Municipal Land Use Law as summarized below (N.J.S.A. 40:55D-10,
40:55D-11 and 40:55D-12):
A.
Any maps and documents submitted for approval shall be on file and
available for public inspection at least 10 days before the hearing
date during normal business hours in the office of the administrative
officer.
B.
Each decision on any application shall be in writing and shall include
findings of facts and conclusions based thereon.
C.
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of the decision to the applicant or, if
represented by an attorney, then to the attorney, and a copy shall
also be filed in the office of the administrative officer. A brief
notice of the decision shall also be published in the official newspaper
of the Borough, the publication of which shall be arranged by the
administrative officer. The period of time in which an appeal of the
decision may be made shall run from the first publication of the decision.
D.
All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered and an identification of
the property proposed for development by street address, if any, or
by reference to lot and block numbers and the location and time(s)
at which any maps and documents are available for public inspection.
E.
All hearing notices shall be the responsibility of the applicant
and shall be given at least 10 days prior to the hearing date:
(1)
Public notice shall be given by publication in the official newspaper
of the Borough, if there is one, or in a newspaper of general circulation
in the municipality.
(2)
Notice shall be given to the owner of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. This notice
shall be given by either serving a copy thereof on the property owner
as shown on the current tax duplicate or his agent in charge of the
property or by mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate.
(3)
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.
(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 where the hearing concerns a 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; to the Commissioner
of Transportation where the hearing concerns a property adjacent to
a state highway; or to the Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units. The notice to the Director shall include
a copy of any maps or documents required to be on file with the administrative
officer.
F.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing. Any notice made by certified
mail shall be deemed complete upon mailing.
These regulations shall not abate or modify any action, penalty,
liability or right pending upon any ordinance repealed by the adoption
of this chapter except as expressly provided in this chapter.
[1]
Editor's Note: Former § 94-23. Use variance applications
to be reviewed by Planning Board, was repealed 5-28-1985 by Ord. No.
7-85.
If any provision of this chapter shall be adjudged by the courts
to be invalid, such adjudication shall apply only to that provision,
and the remainder of this chapter shall be deemed valid and effective.
A.
In case of any violation of this chapter, the Borough or an interested
party may institute appropriate action to prevent such violation;
to restrain, correct or abate such violation; to prevent the occupancy
of said structure or land; and to prevent any illegal act, conduct,
business or use in or about such premises. Any person convicted of
such violations before a court of competent jurisdiction shall be
subject to a penalty not to exceed $500 and/or 90 days in jail. Each
day shall be deemed a separate violation.
B.
If, before final subdivision approval, any person as owner or agent
transfers or sells, or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
any land which forms a part of a subdivision for which municipal approval
is required, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
C.
In addition, the Borough may institute and maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant to such
contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56, but only if the municipality
has a Planning Board and has adopted by ordinance standards and procedures
in accordance with N.J.S.A. 40:55D-38.
D.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years, if unrecorded.