[Ord. No.
784 § 1; Ord. No. 784B § 1]
There is hereby established pursuant to C. 291,
P.L. 1975 in the Borough of Ramsey, a Planning Board of nine members
consisting of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough
other than a member of the Borough Council to be appointed by the
Mayor; provided that if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to
be the Class II Planning Board member if there is both a member of
the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
Class III. A member of the Borough Council to
be appointed by the Council.
Class IV. Six other citizens of the Borough
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment and one may be a member of the Board
of Education. A member of the Environmental Commission who is also
a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall
be a Class IV Planning Board member unless there be among the Class
IV members of the Planning Board both a member of the Zoning Board
of Adjustment and a member of the Board of Education, in which case
the member of the Environmental Commission shall be deemed to be the
Class II member of the Planning Board.
a. Alternate members. Two alternate members who shall
be appointed by the appointing authority for Class IV members and
who shall meet the qualifications of Class IV members of nine-member
planning boards. The alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
[Ord. No.
784 § 2; Ord. No. 784B § 2]
The term of the member composing Class I shall
correspond with his official tenure. The terms of the members composing
Class II and Class III shall be for one year or terminate at the completion
of their respective terms of office whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
The term of a Class IV member who is also a
member of the Board of Adjustment or the Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his Class IV term, whichever occurs first.
The terms of the alternate members shall be
for two years, except that the terms of the alternate members shall
be such that the term of not more than one alternate member shall
expire in any one year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years.
[Ord. No.
784 § 3; Ord. No. 784B § 3]
If a vacancy of any class or alternate member
shall occur otherwise than by expiration of term, it shall be filled
by appointment as above provided for the unexpired term.
[Ord. No.
784 § 4]
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary
who may be either a member of the Planning Board or a municipal employee
designated by it.
[Ord. No.
784 § 5]
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
[Ord. No.
784 § 6]
The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Borough Council for
its use.
[Ord. No.
784 § 7]
The Board shall adopt such rules and regulations
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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
It shall also have the following powers and duties:
a. To make and adopt and from time to time amend a master
plan for the physical development of the Borough including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the Borough in accordance with the provisions
of N.J.S.A. 40:55D-28.
b. To administer the provisions of the Land Subdivision Ordinance (Chapter
32) and Site Plan Review Ordinance of the Borough in accordance with the provisions of these ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
c. To approve conditional use applications in accordance with the provisions of the Zoning Ordinance (Chapter
34) pursuant to N.J.S.A. 40:55D-67.
d. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
e. To assemble data on a continuing basis as part of
a continuous planning process.
f. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the Borough Council.
g. To consider and make report to the Borough Council,
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
h. When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
1. Variances pursuant to N.J.S.A. 40:55D-70c, from lot
area, lot dimensional setback and yard requirements, provided that
such relief from lot area requirements shall not be granted for more
than one lot.
2. Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
reference to the request for a variance.
i. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council for the aid
and assistance of the Borough Council or other agencies or officers.
[Ord. No.
784 § 8]
a. Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of Planning Board
approval unless within such period a plat in conformity with such
approval and the provisions of the "Map Filing Law," or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the County Recording Officer, the Borough Engineer and the Borough
Tax Assessor. Any such plat or deed shall be signed by the Chairman
and Secretary of the Planning Board before it will be accepted for
filing by the County Recording Officer.
b. Preliminary approval major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a subdivision of more than 10 lots the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval for the subdivision.
c. Preliminary site plan approval. Upon submission of
a complete application for a site plan for 10 acres of land or less,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Upon the submission of a
complete application for a site plan of more than 10 acres, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
d. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection
31-1.7g of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
e. Final approval. Application for final approval of
site plans and major subdivisions shall be granted or denied within
45 days of submission of a complete application or within such further
time as may be consented to by the applicant.
|
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Recording Officer. The Planning Board may, for good cause
shown, extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat.
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[Ord. No.
784 § 9; Ord. No. 784-A § 1; Ord. No. 998 § 2; Ord. No. 784-D § 1; Ord. No. 784-E § 1; Ord. No. 12-1998 § 1; Ord. No. 13-1998 § 1; Ord. No. 29-2000 § 1]
a. Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D
et seq. as amended shall be filed with the Secretary of the Planning
Board. Applicant shall file at least 14 days before the date of the
regular meeting of the Board original and four copies of a sketch
plat; three copies of applications for minor subdivision approval;
four copies of application for major subdivision approval or three
copies of an application for site plan review or conditional use approval.
At the time of filing the application but in no event less than 10
days prior to the date set for hearing, the applicant shall also file
all plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the Planning Board.
b. If the applicant seeks a variance pursuant to N.J.S.A.
40:55D-60 et seq., applicant shall file with the Secretary of the
Planning Board at least 14 days before the date of the regular meeting
of the Board four completed application forms. Applicant shall also
pay the Board to defray the cost of public notice of the application
and the Board's decision thereon and for the hearing and recording
of this matter, and these fees shall be based upon the value of the
proposed project as set forth below.
c. The applicant shall also pay to the Board fees for
variance applications and conditional use applications to defray the
cost of public notice of the application and the Board's decision
thereon and for the hearing and recording of the matter. These fees
shall be based upon the value of the proposed project as follows:
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1.
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$1 to $50,000
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$250
|
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2.
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$50,001 to $100,000
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$500
|
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3.
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$100,001 to $500,000
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$750
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4.
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$500,001 to $1,000,000
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$1,000
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5.
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$1,000,001 to $5,000,000
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$1,500
|
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6.
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$5,000,001 to $10,000,000
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$2,000
|
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7.
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$10,000,001 to $20,000,000
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$3,000
|
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8.
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$20,000,001 to $30,000,000
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$4,000
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9.
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$30,000,001 to $50,000,000 and over
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$5,000
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d. All estimated costs shall be subject to verification.
The costs estimates shall be certified by a registered architect or
licensed engineer.
e. The applicant shall obtain all necessary forms from
the Secretary of the Planning Board. The Secretary of the Board shall
inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
f. The Borough Engineer shall review and screen all initial
applications to the Board of Adjustment and the Planning Board in
order to determine whether or not the application should be sent to
the Planning Board or Board of Adjustment. The review and screening
is merely advisory in nature and is for the purpose of initially determining
whether the application meets the jurisdictional requirements of N.J.S.A.
40:55D-1 et seq. as amended. The opinion of the Borough Engineer shall
not be binding on either the applicant, the Planning Board or the
Board of Adjustment.
g. All applications for development requesting preliminary
site plan approval, final site plan approval, preliminary major subdivision
approval, final major subdivision approval, or minor subdivision approval
shall be prepared in accordance with the specifications listed herein
and shall contain all of the information set forth herein. An application
for development shall be deemed complete in accordance with N.J.S.A.
40:55D-10.3 by formal action of the Planning Board only after the
Planning Board Engineer has reviewed the submitted application and
has certified in writing that the application contains all of the
specifications and information as listed and set forth herein.
[Amended 5-9-2007 by Ord. No. 16-2007; 6-27-2007 by Ord. No.
20-2007; 8-22-2007 by Ord. No. 23-2007]
Plat Specifications
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Preliminary Site
Plan
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Final Site Plan
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Preliminary Major Subdivision
|
Final Major Subdivision
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Minor Subdivision
|
---|
1.
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Plat clearly and legibly drawn or reproduced
at a scale not smaller than one inch equals 100 feet.
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X
|
X
|
X
|
X
|
X
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2.
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Sheet size either 15 x 21, 24 x 36,
or 30 x 42.
|
X
|
X
|
X
|
X
|
X
|
3.
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Plans shall be prepared, signed and
sealed by an architect or engineer if application involves only the
location of proposed buildings and their relationships to the site
and the immediate area.
|
X
|
X
|
X
|
X
|
X
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4.
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Plans shall be prepared, signed and
sealed by an architect, surveyor or engineer if application involves
only the location of drives, parking layout, pedestrian circulation,
and means of ingress and egress.
|
X
|
X
|
X
|
X
|
X
|
5.
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Plans shall be prepared, signed, and
sealed by an engineer when plans involve drainage facilities for sites
of 10 acres of more, stormwater detention facilities, a water course
traversing the site, or off-tract utility extensions.
|
X
|
X
|
X
|
X
|
X
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6.
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Plat prepared to scale based on deed
description, tax map or similarly reasonable accurate data for the
purpose of review and discussion by the municipal agency.
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X
|
X
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X
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X
|
X
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GENERAL INFORMATION
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|
|
|
|
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7.
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Metes and bounds description of parcel
in question based upon current land survey information.
|
X
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X
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X
|
X
|
X
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8.
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Property lines of proposed site shown
in degrees, minutes and seconds.
|
X
|
X
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X
|
X
|
X
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9.
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Key map showing location of tract to
be considered in relation to surrounding area, within 500 feet.
|
X
|
X
|
X
|
X
|
X
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10.
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Title block containing types of application,
preparer, lot and block numbers, date prepared, date of last amendment
and zoning district.
|
X
|
X
|
X
|
X
|
X
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11.
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Each block and lot number in conformity
with the municipal tax map as determined by the Municipal Tax Assessor.
|
X
|
X
|
X
|
X
|
X
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12.
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Scale of map, both written and graphic.
|
X
|
X
|
X
|
X
|
X
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13.
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North arrow giving reference meridian.
|
X
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X
|
X
|
X
|
X
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14.
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Space for signatures of Chairman, Engineer,
and Secretary of the Planning Board
|
X
|
X
|
X
|
X
|
X
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15.
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Names of all property owners and property
lines of all parcels within 200 feet of subject property (including
the owner of subject property).
|
X
|
X
|
X
|
X
|
X
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16.
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Location of existing and proposed property
lines with dimensions in feet to the nearest two decimal places.
|
X
|
X
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X
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X
|
X
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17.
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Zoning district in which parcel is
located, indicating all setbacks, lot coverage, height, floor area
ratio, and density, both as to required and proposed. Indicate the
above both written and graphically.
|
X
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X
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X
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X
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X
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18.
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Acreage of affected parcel to the nearest
hundredth of an acre.
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X
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X
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X
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X
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X
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NATURAL FEATURES
(Topography)
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|
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|
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Topography of the site and within 200
feet thereof.
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|
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19.
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Existing and proposed contour intervals
based on U.S.C. and G.S. datum within 200 feet of the site. Intervals
shall be: up to 3% grade—1 foot; 3% to 10% grade—2 feet;
over 10% grade—5 feet.
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X
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|
X
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|
X
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20.
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Cliffs and rock outcroppings
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X
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X
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X
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21.
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Flood plains, natural and artificial
watercourses, streams, shorelines, and water boundaries encroachment
lines within 200 feet of the site.
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X
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X
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X
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X
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X
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22.
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Aquifer recharge areas, including safe
sustained groundwater yield.
|
X
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|
X
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|
X
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23.
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Wooded areas indicating predominant
species and size.
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X
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|
X
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|
X
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24.
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Location of trees 4 inches or more
in diameter, as measured to 4 feet above ground level, designated
species of each. Trees must be located on a site plan as well as be
listed on a lot-by-lot basis on forms required by the Planning Board.
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X
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X
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X
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X
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X
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25.
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All areas to be disturbed by grading
or construction.
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X
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|
X
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|
X
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26.
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Delineate wetlands areas on and within
200 feet of site (when presented) furnished report. Also, furnish
a copy of an application to any other agency to be submitted.
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X
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X
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X
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X
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X
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MAN-MADE FEATURES ON SITE AND
WITHIN 200 FEET THEREOF
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|
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|
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27.
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Size and location of existing structures
and their setbacks from existing and proposed property lines.
|
X
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X
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X
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X
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X
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28.
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Location of existing easements or rights-of-way
including power lines within 200 feet of site.
|
X
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X
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X
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X
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X
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29.
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Location of existing railroads, bridges,
culverts, drain pipes, water and sewer mains and other man-made installations
affecting the tract.
|
X
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X
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X
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X
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X
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30.
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Location of existing wells and septic
systems.
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X
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|
X
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|
X
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31.
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Plans and profiles of proposed utility
layouts, such as sewers, storm drains, water, gas and electric, showing
feasible connections to existing or proposed utility systems.
|
X
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X
|
X
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X
|
X
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32.
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Location and description of monuments
whether set or to be set.
|
|
X
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|
X
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X
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33.
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Location, names and widths of all existing
and proposed streets on the property and within 200 feet of the tract.
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X
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X
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X
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X
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X
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34.
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Sketch of prospective future street
system of the entire tract where a preliminary plat covers only a
portion thereof.
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X
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|
X
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|
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35.
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Driveways and proposed off-street parking
areas, indicating number, size and location of individual parking
spaces.
|
X
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X
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X
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X
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X
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36.
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A plan of the existing and/or proposed
sanitary sewage disposal system. In the event central sanitary sewers
shall be available, the plan shall show the proposed hookup or connection
therewith.
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X
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X
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X
|
X
|
X
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37.
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Buffer areas where required indicating
proposed method of landscaping with trees and shrubbery.
|
X
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X
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X
|
X
|
X
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38.
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Landscaping plan including the location
of all shade trees, ornamental trees, shrubbery and supporting structures
necessary to their growth as approved by the Shade Tree Commission
per current ordinances, air conditioning units, dumpsters and transformers.
|
X
|
X
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X
|
X
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39.
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All proposed signs.
|
X
|
X
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|
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MISCELLANEOUS
|
|
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40.
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Proposed sight easements where required.
Indicate proposed sight distances at all intersections.
|
X
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X
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X
|
X
|
X
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41.
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Indicate all existing and proposed
easements for drainage, sewage, grading, access or any other purpose.
|
X
|
X
|
X
|
X
|
X
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42.
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Soil Erosion and Sediment Control Plan
consistent with the requirements of the Bergen County Soil Conservation
District. Staging areas, stockpile soil areas, material storage areas
and areas of no disturbance to be shown.
|
X
|
X
|
X
|
X
|
X
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43.
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Design calculations showing proposed
drainage facilities to be in accordance with the appropriate drainage
runoff requirements.
|
X
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|
X
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|
X
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44.
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The purpose of any proposed easement
of land reserved or dedicated to public or common use shall be designated
and the proposed use of sites, other than residential, shall be noted.
|
X
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X
|
X
|
X
|
X
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45.
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Any sections for which a waiver is
specifically being requested and a narrative paragraph setting forth
the reasons why such a waiver is requested and necessary in this instance.
|
X
|
X
|
X
|
X
|
X
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46.
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Any sections for which a variance is
specifically being requested and a narrative paragraph set in forth
the reasons why such a variance is requested and necessary in this
instance.
|
X
|
X
|
X
|
X
|
X
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47.
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Evidence of any variance or variances
granted by the Board of Adjustment to which the property being subdivided
is subject.
|
X
|
X
|
X
|
X
|
X
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48.
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A copy of any protective covenants
or deed restrictions applying to the land being subdivided shall be
submitted with the preliminary plat.
|
X
|
X
|
X
|
X
|
X
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49.
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Proof of payment of taxes. Applicant
shall submit a certification from Tax Collector certifying that taxes
have been paid and are current as of date of application.
|
X
|
X
|
X
|
X
|
X
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50.
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Submission of required data showing
location for garbage and recyclable storage.
|
X
|
X
|
|
|
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51.
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Submission of required recyclable disposal
data.
|
X
|
X
|
X
|
X
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|
52.
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Payment of application fees and a trust
fund established for payment of legal and engineering services.
|
X
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X
|
X
|
X
|
X
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53.
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Date of original plan and all revisions.
|
X
|
X
|
X
|
X
|
X
|
54.
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Date of current property survey.
|
X
|
X
|
X
|
X
|
X
|
55.
|
Metes and bounds description showing
dimensions, bearings, curve data, length of tangents, radii, arcs,
chords, and central angles for all center lines and rights-of-way,
and center line curves of streets.
|
|
X
|
|
X
|
X
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56.
|
Affidavit of ownership.
|
X
|
X
|
X
|
X
|
X
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57.
|
Development stages or staging plans.
|
|
X
|
X
|
X
|
|
58.
|
List of required regulatory approvals
or permits.
|
|
X
|
|
X
|
X
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59.
|
Spot and finished elevations at all
property corners, corners of all structures or dwellings, existing
proposed first-floor elevations.
|
X
|
X
|
X
|
X
|
|
60.
|
a.
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Construction details as required by
ordinances.
|
X
|
X
|
X
|
X
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|
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b.
|
Proposed materials and colors of proposed
materials to be indicated.
|
X
|
X
|
|
|
|
61.
|
Road and paving cross-sections and
profiles when new road is proposed.
|
X
|
X
|
X
|
X
|
|
62.
|
Proposed street names when new road
is proposed.
|
X
|
X
|
X
|
X
|
|
63.
|
New block and lot numbers confirmed
with Tax Assessor or Municipal Engineer.
|
|
|
|
X
|
X
|
64.
|
Drainage area map.
|
X
|
|
|
X
|
|
65.
|
Lighting plan indicating proposed location of lights, light details and lighting intensity (submission to conform to Subsection 34-6.4f of the Revised General Ordinances of the Borough of Ramsey, 1997).
|
X
|
X
|
|
|
|
66.
|
Location, size, screening, and color
of proposed disposal container and provisions for recycling.
|
X
|
X
|
|
|
|
67.
|
Design calculations showing proposed
earth fill or removal from the site as determined by the contours
established per Entry 19 hereinbefore set forth.
|
X
|
|
X
|
|
X
|
68.
|
Certification by the Zoning Officer
that there are no violations of the Ramsey Zoning Code on the property
to be considered in the application
|
X
|
X
|
X
|
X
|
X
|
[Ord. No.
784 § 10]
The Mayor may appoint one or more persons as
a Citizens Advisory Committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
[Ord. No.
784 § 11]
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the Borough, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
to the Planning Board. Failure of the Planning Board to make such
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
[Ord. No.
784 § 12]
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 nor participate in any discussion
or decision relating thereto.
[Ord. No.
784 § 13]
a. 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 cancelled for lack of applications for
development to process.
b. 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.
c. No action shall be taken at any meeting without a
quorum being present.
d. All actions shall be taken by majority vote of a quorum
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
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,
N.J.S.A. 10:4-6 et seq.
[Ord. No.
784 § 14]
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 by 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 in the rules of the Board.
[Ord. No.
784 § 15; Ord. No. 784-C § 1]
Fees for applications or for the rendering of
any service by the Planning Board or any member of its administrative
staff shall be provided by ordinance. In the event that the amount
of costs for processing any application for development shall exceed
the deposit and application fees for these costs, the payment for
such excesses shall immediately become the responsibility of the owner
of the subject property. The Planning Board shall notify the applicant
and the owner of the amount of such excesses and the owner shall be
responsible for payment of same within 15 days of the date of the
notice. In the event the owner does not make payment within such fifteen-day
time period, the amount of such excesses shall constitute a lien upon
the property that was the subject of the development and notice of
such payment being due shall be submitted to the Tax Collector.
All applications for development to the Planning
Board shall be signed by the owner of the property that is the subject
of the application and shall contain notice regarding the responsibility
of owners for payment of fees in excess of deposits and applications
costs.
[Ord. No.
784 § 16]
a. Rules. The Planning Board shall make rules governing
the conduct of hearings before it 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, (N.J.S.A. 2A:67A-1 et seq.) shall apply.
c. Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
d. Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may excuse irrelevant, immaterial
or unduly repetitious evidence.
e. Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested part at his
expense.
[Ord. No.
784 § 17]
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 Borough in
which applicant's land is located. Such notice shall be given by:
1. Serving a copy thereof on the owner as shown on the
current tax duplicate or his agent in charge of the property; or
2. Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate. A return
receipt is not required. Notice to a partnership owner may be made
by service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation.
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 Paragraph b above 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 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 Municipal Clerk pursuant to N.J.S.A. 40:55D-1
et seq.
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 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 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 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.
[Ord. No.
784 § 18]
Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the Borough Atlas Tax Search Officer shall, within seven days after
receipt of a request therefor and upon receipt of payment of a fee
of $10 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 this chapter.
[Ord. No.
784 § 19]
a. Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and legal 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 Borough 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 Borough.
[Ord. No.
784 § 20]
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 or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. This notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Ord. No.
784 § 21]
Pursuant to the provisions of N.J.S.A. 40:55D-39,
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 the 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.
[Ord. No.
784 § 22]
An appeal from any final decision of the Planning
Board may be taken to the Borough Council, provided such appeal shall
be taken in accordance with N.J.S.A. 40:55D-17.
[Ord. No.
784 § 23]
Whenever a term is used in this chapter which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning set forth in the definition of such term found in
the statute, unless a contrary intention is clearly expressed from
the context of this chapter.
[Ord. No.
784 § 24]
Ordinance No. 324 and all sections of the Land
Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance
or any other ordinance of the Borough which contains provisions contrary
to the provisions of this chapter shall be and are hereby, to the
extent of such inconsistency, repealed.
[Ord. No.
784 § 25]
Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., the substantive provisions of the existing Land Subdivision
Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the
Borough and the development regulations set forth therein shall continue
in full force and effect and shall be read in para materia with this
chapter.
[Ord. No.
784 § 26]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Subsection
31-1.22.
[Ord. No.
784 § 27]
Immediately upon adoption of this chapter the
Borough Clerk shall file a copy of this chapter with the County Planning
Board as required by law. The Clerk shall also file with the County
Planning Board copies of all other ordinances of the municipality
relating to land use, such as the subdivision, Zoning and Site Plan
Review Ordinances.
[Ord. No.
785 § 1; Ord. No. 785-A § 1]
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents
of the Borough appointed by the Mayor, with the advice and consent
of the Council, to serve for terms of four years from January 1 of
the year of their appointment. If the Council fails to confirm any
nomination made by the Mayor, then after the expiration of 30 days,
the Council shall make such appointment.
No member of the Zoning Board of Adjustment
may hold any elective office or position under the municipality.
A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only. Such appointment
shall be made in the manner set forth above.
The Zoning Board of Adjustment shall have two
alternate members who shall possess the same qualifications as regular
members and who shall be appointed in the same manner as regular members.
Alternate members shall be designated at the time of appointment as
"Alternate No. 1" and "Alternate No. 2." The terms of the alternate
members first appointed shall be so determined that to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first two years after their appointment. The initial
term of the alternate members shall not exceed two years, and thereafter
the term of each alternate member shall be two years. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only. Such appointment shall be made in the manner set forth
above.
[Ord. No.
785 § 2]
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may or may not be a Board member or another municipal employee.
[Ord. No.
785 § 3]
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Zoning Board of Adjustment Attorney, who shall
be an attorney other than the Municipal Attorney.
[Ord. No.
785 § 4]
The Zoning Board of Adjustment may also 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.
[Ord. No.
785 § 5]
The Board shall adopt such rules and regulations
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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. No.
785 § 6]
a. The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and
supplements thereto, and with the provisions of this section.
b. It is further the intent of this section to confer
upon the Zoning Board of Adjustment as full and complete powers as
may lawfully be conferred upon such Board, including not by way of
limitation, the authority, in connection with any case, action or
proceeding before the Board, to interpret and construe the provisions
of this chapter, or any term, clause, sentence or word hereof, and
the Zoning Map, in accordance with the general rules of construction,
applicable to legislative enactments.
c. The Board may, in appropriate cases and subject to
appropriate conditions and safeguards grant variances from the terms
of this chapter in accordance with the general or specific rules contained
herein, and with the general rules hereby laid down that equity shall
be done in cases where the strict construction of the provisions of
this chapter would work undue hardship. The powers and duties of the
Board having been delegated to and imposed upon it by statute, the
Board shall in all cases follow the provisions applicable to it in
N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made
and provided, and it shall from time to time furnish to any person
requesting the same a copy of its rules and information as to how
appeals or applications may properly be filed with the Board for its
decision thereon.
[Ord. No.
785 § 7]
a. Appeals to the Board of Adjustment may be taken by
any interested party. Each appeal shall be taken within 65 days prescribed
by the Statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with three copies of the notice
with the Secretary of the Board of Adjustment. The notice of appeal
shall specify the grounds for the appeal. The officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
b. Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer, shall be filed with the Secretary of the Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plat
plans, maps, or other papers required by virtue of any provision of
this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Board of
Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c. An appeal stays all proceedings in furtherance of
the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him 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 on due cause shown.
[Ord. No.
785 § 8]
The Board of Adjustment may reverse or affirm,
wholly or partly, or may modify the action, order, requirement, decision,
interpretation or determination appealed from, and to that end, have
all the powers of the administrative officer from whom the appeal
was taken.
[Ord. No.
785 § 9; Ord. No. 785-B § 1]
Any variance from the terms of this chapter
hereafter granted by the Board of Adjustment permitting the erection
or alteration of any structure or structures, or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by the variance, or unless such permitted use
has actually been commenced, within two years from the date of publication
of the notice of the judgment or determination of the Board of Adjustment;
except, however, that a variance granted in connection with site plan
and/or subdivision approval shall be governed by the time limitations
set forth for preliminary and final approval as contained in N.J.S.A.
40:55D-49 and 40:55D-52.
The running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Board of Adjustment to the Borough Council, or to
a court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding.
[Ord. No.
785 § 10]
The Board of Adjustment shall have such powers
as are granted by law to:
a. Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision
or refusal made by an administrative official or agency based on or
made in the enforcement of the Zoning Ordinance.
b. Hear and decide requests for interpretation of the
Zoning Map or Zoning Ordinance, or for decisions upon other special
questions upon which such Board is authorized to pass by any Zoning
or Official Map Ordinance.
c. 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 Ordinance would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon the developer of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application of such regulation, so as to relieve such difficulties
or hardship; provided, however, that no variance shall be granted
under this paragraph to allow a structure or use in a district restricted
against such structure or use; and provided further that the proposed
development does not require approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board shall review a request for a variance pursuant to the Municipal
Land Use Law, 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.
|
No variance or other relief may be granted under
the provisions of this section unless such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the Zone Plan
and Zoning Ordinance. Any application under this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report provided that such reference shall not extend the period
of time within which the Zoning Board of Adjustment shall act.
|
[Ord. No.
785 § 11]
The Zoning Board of Adjustment shall in addition to the powers specified in Subsection
31-2.10 hereof have power given by law to:
a. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
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.
b. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
|
The Board of Adjustment shall have the power
to grant to the same extent and subject to the same restrictions as
the Planning Board subdivision or site plan approval pursuant to N.J.S.A.
40:55D-1 et seq. or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the Board is reviewing an application for approval
of a variance pursuant to N.J.S.A. 40:55D-70d.
|
[Ord. No.
785 § 12]
The Board of Adjustment shall render its decision
not later than 120 days after the date (1) an appeal is taken from
the decision of an administrative officer, or (2) the submission of
a complete application for development to the Board pursuant to the
provisions of N.J.S.A. 40:55D-72b.
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.
[Ord. No.
785 § 13]
No member of the Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[Ord. No.
785 § 14]
a. Meetings of the Zoning Board of Adjustment shall be
scheduled no less often than once a month and any meeting so scheduled
shall be held as scheduled unless cancelled for lack of applications
for development to process.
b. 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.
c. No action shall be taken at any meeting without a
quorum being present.
d. All actions shall be taken by majority vote of a quorum
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
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,
N.J.S.A. 10:4-6 et seq.
[Ord. No.
785 § 15]
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 in the rules of the Board.
[Ord. No.
785 § 16]
Fees for applications or for the rendering of
any service by the Zoning Board of Adjustment or any member of its
administrative staff shall be provided by ordinance.
[Ord. No.
785 § 17]
a. Rules. The Zoning Board of Adjustment shall make rules
governing the conduct of hearings before it 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 N.J.S.A. 2A:67A-1 et seq. shall apply.
c. Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
d. Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
e. Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
[Ord. No.
785 § 18]
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 applicant's land is located. Such notice shall be given by:
(1) serving a copy thereof on the owner as shown on the current tax
duplicate or his agent in charge of the property or (2) mailing a
copy thereof by certified mail to the property owner at his address
as shown on the current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
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 Paragraph b above 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 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-1
et seq.
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 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 section 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 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.
[Ord. No.
785 § 19]
Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the Borough Atlas Tax Search Officer shall within seven days after
receipt of a request therefor and upon receipt of payment of a fee
of $10 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 this section.
[Ord. No.
755 § 20]
a. Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and legal 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 Borough 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 Borough.
[Ord. No.
785 § 21]
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 or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. This notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Ord. No.
785 § 22]
Pursuant to the provisions of N.J.S.A. 40:55D-65,
every application for development submitted to the Zoning Board of
Adjustment shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes
or assessments are delinquent on the 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 Borough will be adequately
protected.
[Ord. No.
785 § 24]
Whenever a term is used in this chapter which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning set forth in the definition of such term found in
the statute, unless a contrary intention is clearly expressed from
the context of this chapter.
[Ord. No.
785 § 25]
All sections of the Land Subdivision Ordinance,
Zoning Ordinance, Site Plan Review Ordinance or any other ordinance
of the Borough which contains provisions contrary to the provisions
of this chapter shall be and are hereby to the extent of such inconsistency,
repealed.
[Ord. No.
785 § 26]
Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., the substantive provisions of the existing Land Subdivision
Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the
Borough and the development regulations set forth therein shall continue
in full force and effect and shall be read in para materia with this
chapter.
[Ord. No.
975 § 27]
All applications for development filed prior
to the effective date of this chapter may be continued, but any appeals
arising out of decisions made on any such application shall be governed
by the provisions of Subsection 31-2.23.
[Ord. No.
975 § 28]
Immediately upon adoption of this chapter, the
Borough Clerk shall file a copy of this chapter with the County Planning
Board as required by law. The Clerk shall also file with the County
Planning Board copies of all other ordinances of the Borough relating
to land use, such as the subdivision, zoning and site plan review
ordinances.
[Ord. No.
1063 Preamble]
The governing body of the Borough desires to
establish a Design Review Board to serve in an advisory capacity to
review plans and applications referred by the Planning Board, the
Zoning Board of Adjustment, and the Building Department pertaining
to the exterior appearance of new structures and for the alteration
of existing structures.
The governing body desires the Design Review
Board to examine the following elements for their compatibility with
the architectural style and existing adjoining development, and their
appropriateness within the community: building height; bulk/scale;
placement of windows, doors, roof; materials/texture and scale; color;
signs; fences, walls, and other accessory structures on the site;
parking area layout and loading facilities; driveways; compatibility
of all elements of the proposal; any other exterior elements that
would impact the surroundings.
These design regulations are intended to promote
the general welfare by preserving the exterior architectural heritage
and ambiance of the Borough of Ramsey specifically by:
a. Promoting good quality of design and attractive appearance
of property;
b. Controlling new exterior constructions in order to
enhance the streetscape and maintain its character;
c. Encouraging the most appropriate use and development
of the property and adjacent properties;
d. Stabilizing and improving property values;
e. Fostering civic pride and beauty;
f. Restoring and preserving certain traditionally significant/historical
structures;
g. Preserving and enhancing natural features and the
natural environment.
[Ord. No.
1063 § 1]
The provisions of this section shall apply to
all zone districts in the Borough other than those designated as residence
zone districts in the Zoning Code of the Borough, except that the
provisions of this section shall also apply to all nonresidential
development in residence zone districts.
[Ord. No.
1063 § 2]
The Design Review Board shall review any construction
or demolition of, addition or alteration to (including painting) any
buildings, or to any part thereof, or to any physical structure (including
signs, awnings, exterior fixtures and furnishings) which affect exterior
features visible from a public street, way or place. All plans and
applications to the Borough Planning Board, Zoning Board of Adjustment
or Building Department and all painting work (for which a building
permit is not required) shall be referred to the Design Review Board
and neither the Planning Board, the Zoning Board of Adjustment nor
the Building Department shall take final action upon any application
and no painting work shall be commenced until the report and recommendation
of the Design Review Board is received and considered. The Design
Review Board, the Planning Board, the Zoning Board of Adjustment and
the Building Department shall be guided by the standards hereinafter
set forth.
[Ord. No.
1063 § 3; Ord. No. 1063A § 1]
The Design Review Board shall serve in an advisory
capacity to the Planning Board, Zoning Board of Adjustment, and the
Building Department. The Board shall consist of seven persons plus
two alternates who shall be appointed by the Mayor with the advice
and consent of the Council. One member of the Board shall also be
a member of the Borough Council. The term of office of each member
shall be for three years, except that the term of office of the member
who is also a member of the Borough Council shall be for the period
during which such member of the Borough Council is liaison to the
Board. Members shall be residents of the Borough and may include those
who have demonstrated civic interest, expertise in architecture, land
development, city planning, real estate, and affiliation with local
businesses or historical associations. The Planning Board and Zoning
Board of Adjustment may designate one of its members to provide liaison
to the Design Review Board, and such designees and the Building Inspector
and the Borough Engineer may attend meetings of the Design Review
Board and participate in its deliberations. Four members of the Board
shall constitute a quorum for the transaction of business. The Board
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall also keep records of its examinations and other official
actions. Meetings of the Board shall be held on a regularly scheduled
basis and within 15 days of the date of the referral of a matter to
it and at the call of the Chairman of the Board and at such other
times as the Board may determine to be necessary in order to give
timely advice and recommendations.
[Ord. No.
1063 § 4]
The following standards shall be utilized by
the Planning Board, the Zoning Board of Adjustment, the Building Department
and the Design Review Board in reviewing all plans, applications and,
where applicable, painting work. These standards are intended to provide
a frame of reference for the applicant in development of site and
building plans as well as a method of review for the reviewing authority.
These standards shall not be regarded as inflexible
requirements nor are they intended to discourage creativity, invention
and innovation. The specification of one or more particular architectural
styles is not included in these standards. The standards are as follows:
a. Relation of proposed buildings to environment. Proposed
structures shall be related harmoniously to the terrain and to existing
buildings in the vicinity that have a visual relationship to the proposed
buildings. Such relationship shall be achieved by:
1. Architectural design which is compatible with the
character of existing development.
2. The use of exterior colors, facade or roof materials
or the combination of colors and materials that are harmonious.
3. The relationship of design features, such as height
and mass, building projections and ornamental features including awnings
that will create a coordinated appearance.
b. Design of building walls. All four sides of a building
should contribute to the architectural unity of the building. The
use of large, unbroken masses is discouraged. All walls are to be
constructed of durable material requiring low maintenance. Desirable
materials such as brick, stone, glass, precast concrete and wood,
when properly treated, are encouraged. Where durability and performance
are questionable, the applicant may be asked to provide a manufacturer's
guarantee or proof of durability from a certified independent testing
laboratory. The use of exposed concrete block is prohibited, unless
the same is textured. Metal siding should not be used to such an extent
that it will be a dominant architectural feature. In addition, metal
siding with exposed fastenings shall not be allowed.
c. Special features. Exposed storage areas; exposed machinery
installations, including roof installations; service areas, truck
loading areas; utility buildings and structures; and similar accessory
areas and structures shall be so located and screened with plantings
or by other methods to prevent their being incongruous with the existing
or contemplated environment and the surrounding properties.
d. Utility service. Electric and telephone lines shall
be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relationship to neighboring
properties and the site. The proposed method of sanitary sewage disposal
from all buildings shall be indicated.
e. Advertising features. The size, location, design,
color, texture, lighting and materials of all permanent signs and
outdoor advertising structures or features shall not detract from
the design of proposed buildings and structures and the surrounding
properties nor create confusion with traffic or any other signs. Included
are off-site directional signs. There shall be no building or feature
in-the-round which is representational which by way of example, but
not limitation, are brown derbys, ice cream cones, and polar bears.
f. Lighting. There shall be adequate control of illumination,
sky glow and glare, and adherence to the Borough ordinance requirements
relating to lighting. Neon and flashing lights are prohibited.
g. Barrier-free construction. Barrier-free construction
shall be compatible with the architecture and style of the structure.
[Ord. No.
1063 § 5]
Any person who violates any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter
1, Section
1-5. Each violation of any of the provisions of this section and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.
[Adopted 11-28-2016 by Ord. No. 22-2016; 2-27-2019 by Ord. No. 02-2019; 9-24-2020 by Ord. No. 07-2020]
a. Technical review escrow deposits. In addition to the filing fees
or any other fees required in this chapter, an applicant shall be
required to file with the administrative officer an escrow deposit
fee of adequate funds to cover the costs incurred for the technical
review of the application by a professional, such as the Borough Zoning
Board of Adjustment Attorney or any other professional consultants,
if the Board determines that such technical review services are necessary
for the proper consideration of the application. The Borough Treasurer
shall place all such deposits in an escrow account in the name of
the applicant and shall charge against such account all disbursements
in connection with the costs referred to above. Technical review fees
shall be calculated in accordance with the actual time required for
review at rates established by a schedule of professional fees filed
annually with the Administrative Officer, which schedule shall be
maintained in the office of the Borough Clerk for public inspection.
The applicant shall pay to the Borough an initial deposit for technical
review fees in accordance with the following schedule or as otherwise
determined hereinabove:
1. The escrow deposit for residential applications shall be $1,200.
2. The initial escrow deposit for nonresidential applications shall
be $3,000.
b. Administration of technical review deposit fees.
1. Each technical review escrow deposit shall be held by the Borough
in a trust account separate from the general funds of the Borough.
2. In the event that the funds in the escrow account for nonresidential
application should become depleted prior to the completion of the
application procedure and additional funds are necessary to cover
the cost of processing said application, the applicant shall deposit
additional funds as determined by the Board which will be required
to complete the application process; provided, however, that said
additional funds shall not be less than 50% of the initial escrow
deposit amount. In order to expedite the processing of applications
by the Borough agency, the administrative officer shall notify the
applicant immediately upon the depletion of funds in the escrow account
or as soon as insufficiency of funds becomes evident or is expected.
3. The Borough agency shall not process and/or take action on the application
unless all fees and deposits required in the manner described above
shall have been paid by the applicant.
4. All vouchers submitted to a Borough agency by the Zoning Board of
Adjustment Consultant, Board Engineer, Board Attorney or other professionals
containing charges to be applied to an escrow account authorized and
established pursuant to this section shall specify the services performed
in relation to individually identified applications for which the
charges have been made, the hours spent, the hourly rate and the expenses
incurred.
5. Unit charges (i.e., per diem or hourly fees, inspection or expert
testimony charges) levied by the Zoning Board of Adjustment Consultant,
Board Engineer, Board Attorney or other professionals for services
applied to an escrow account authorized and approved pursuant to this
section may not exceed those unit charges contracted for and/or approved
by the Borough agency for services by said professionals.
6. Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Borough for technical review deposits pursuant
to this chapter, said money, until repaid or applied to the purposes
for which it is deposited, including the applicant's portion of the
interest earned thereon, shall continue to be the property of the
applicant and shall be held in trust by the Borough in escrow. All
interest earned and paid to the applicant shall be in conformance
with Chapter 316 of the Laws of 1985. (See N.J.S.A. 40:14B-20.1.)
7. Any of the funds remaining in the escrow account upon completion
of the application procedure, as well as any interest the applicant
may be entitled to pursuant to Chapter 316 of the Laws of 1985 (See
N.J.S.A. 40:14B-20.1), shall be returned to the applicant, and the
account shall be terminated.
8. The applicant shall be provided with a written final accounting on
the uses to which the deposit was put. Thereafter, the developer shall,
upon written request, be provided with copies of the vouchers.
c. Disputed charges. An applicant shall notify the Board of its design
with copies to the approving authority and the professional whenever
applicant disputes the charge made by a professional or services rendered
on behalf of the municipality in reviewing applicants for development.
The Board or its designee shall within a reasonable time attempt to
remediate any disputed charges. If the matter is not resolved to the
satisfaction of the applicant, applicant may appeal to the county
construction board of appeals as prescribed in N.J.S.A. 40:55D-53.2a.