Borough of Ramsey, NJ Land Use Procedures

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.

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."

31-1.2 Terms.

[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.

31-1.3 Vacancies.

[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.

31-1.4 Organization of Board.

[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.

31-1.5 Planning Board Attorney.

[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.

31-1.6 Experts and staff.

[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.

31-1.7 Powers and duties generally.

[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:

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.

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.

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.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

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.

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).

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:

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.

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.

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.

31-1.8 Time.

[Ord. No. 784 § 8]

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.

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.

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.

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.

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.

31-1.9 Applications; procedure for filing; fees for variances within jurisdiction of Planning Board; Borough Engineer's review of all applications. [1]

[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]

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.

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.

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:

1.	$1 to $50,000	$250
2.	$50,001 to $100,000	$500
3.	$100,001 to $500,000	$750
4.	$500,001 to $1,000,000	$1,000
5.	$1,000,001 to $5,000,000	$1,500
6.	$5,000,001 to $10,000,000	$2,000
7.	$10,000,001 to $20,000,000	$3,000
8.	$20,000,001 to $30,000,000	$4,000
9.	$30,000,001 to $50,000,000 and over	$5,000

All estimated costs shall be subject to verification. The costs estimates shall be certified by a registered architect or licensed engineer.

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.

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.

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			Preliminary Site Plan	Final Site Plan	Preliminary Major Subdivision	Final Major Subdivision	Minor Subdivision
1.	Plat clearly and legibly drawn or reproduced at a scale not smaller than one inch equals 100 feet.		X	X	X	X	X
2.	Sheet size either 15 x 21, 24 x 36, or 30 x 42.		X	X	X	X	X
3.	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
4.	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.	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
6.	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.		X	X	X	X	X
GENERAL INFORMATION
7.	Metes and bounds description of parcel in question based upon current land survey information.		X	X	X	X	X
8.	Property lines of proposed site shown in degrees, minutes and seconds.		X	X	X	X	X
9.	Key map showing location of tract to be considered in relation to surrounding area, within 500 feet.		X	X	X	X	X
10.	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
11.	Each block and lot number in conformity with the municipal tax map as determined by the Municipal Tax Assessor.		X	X	X	X	X
12.	Scale of map, both written and graphic.		X	X	X	X	X
13.	North arrow giving reference meridian.		X	X	X	X	X
14.	Space for signatures of Chairman, Engineer, and Secretary of the Planning Board		X	X	X	X	X
15.	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
16.	Location of existing and proposed property lines with dimensions in feet to the nearest two decimal places.		X	X	X	X	X
17.	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	X	X	X	X
18.	Acreage of affected parcel to the nearest hundredth of an acre.		X	X	X	X	X
NATURAL FEATURES (Topography)
Topography of the site and within 200 feet thereof.
19.	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.		X		X		X
20.	Cliffs and rock outcroppings		X		X		X
21.	Flood plains, natural and artificial watercourses, streams, shorelines, and water boundaries encroachment lines within 200 feet of the site.		X	X	X	X	X
22.	Aquifer recharge areas, including safe sustained groundwater yield.		X		X		X
23.	Wooded areas indicating predominant species and size.		X		X		X
24.	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.		X	X	X	X	X
25.	All areas to be disturbed by grading or construction.		X		X		X
26.	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.		X	X	X	X	X
MAN-MADE FEATURES ON SITE AND WITHIN 200 FEET THEREOF
27.	Size and location of existing structures and their setbacks from existing and proposed property lines.		X	X	X	X	X
28.	Location of existing easements or rights-of-way including power lines within 200 feet of site.		X	X	X	X	X
29.	Location of existing railroads, bridges, culverts, drain pipes, water and sewer mains and other man-made installations affecting the tract.		X	X	X	X	X
30.	Location of existing wells and septic systems.		X		X		X
31.	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	X	X	X	X
32.	Location and description of monuments whether set or to be set.			X		X	X
33.	Location, names and widths of all existing and proposed streets on the property and within 200 feet of the tract.		X	X	X	X	X
34.	Sketch of prospective future street system of the entire tract where a preliminary plat covers only a portion thereof.		X		X
35.	Driveways and proposed off-street parking areas, indicating number, size and location of individual parking spaces.		X	X	X	X	X
36.	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.		X	X	X	X	X
37.	Buffer areas where required indicating proposed method of landscaping with trees and shrubbery.		X	X	X	X	X
38.	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	X	X
39.	All proposed signs.		X	X
MISCELLANEOUS
40.	Proposed sight easements where required. Indicate proposed sight distances at all intersections.		X	X	X	X	X
41.	Indicate all existing and proposed easements for drainage, sewage, grading, access or any other purpose.		X	X	X	X	X
42.	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
43.	Design calculations showing proposed drainage facilities to be in accordance with the appropriate drainage runoff requirements.		X		X		X
44.	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	X	X	X	X
45.	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
46.	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
47.	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
48.	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
49.	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
50.	Submission of required data showing location for garbage and recyclable storage.		X	X
51.	Submission of required recyclable disposal data.		X	X	X	X
52.	Payment of application fees and a trust fund established for payment of legal and engineering services.		X	X	X	X	X
53.	Date of original plan and all revisions.		X	X	X	X	X
54.	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
56.	Affidavit of ownership.		X	X	X	X	X
57.	Development stages or staging plans.			X	X	X
58.	List of required regulatory approvals or permits.			X		X	X
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.	Construction details as required by ordinances.	X	X	X	X
	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

[1]

Editor's Note: For provisions requiring a recycling plan with application for development, see Section 13-15 of this Code.

31-1.10 Advisory Committee.

[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.

31-1.11 Environmental Commission.

[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.

31-1.12 Conflicts of interest.

[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.

31-1.13 Meetings.

[Ord. No. 784 § 13]

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.

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.

No action shall be taken at any meeting without a quorum being present.

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.

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.

31-1.14 Minutes.

[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.

31-1.15 Fees.

[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.

31-1.16 Hearings.

[Ord. No. 784 § 16]

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.

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.

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.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may excuse irrelevant, immaterial or unduly repetitious evidence.

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.

31-1.17 Notice requirements for hearing.

[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:

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.

Serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or

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.

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.

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.

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.

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.

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.

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.

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.

31-1.18 List of property owners furnished.

[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.

31-1.19 Decisions.

[Ord. No. 784 § 19]

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.

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.

31-1.20 Publication of decision.

[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.

31-1.21 Payment of taxes.

[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.

31-1.22 Appeals from Planning Board to Borough Council.

[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.

31-1.23 Definition of terms.

[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.

31-1.24 Repeals.

[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.

31-1.25 Ordinances continued.

[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.

31-1.26 Pending applications.

[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.

31-1.27 Copy to be filed with County Planning Board.

[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.

31-2 ZONING BOARD OF ADJUSTMENT.

31-2.1 Establishment; composition.

[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.

31-2.2 Officers.

[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.

31-2.3 Board of Adjustment Attorney.

[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.

31-2.4 Experts and staff.

[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.

31-2.5 Rules and regulations.

[Ord. No. 785 § 5]

31-2.6 Powers of the Zoning Board of Adjustment.

[Ord. No. 785 § 6]

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.

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.

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.

31-2.7 Appeals and applications.

[Ord. No. 785 § 7]

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.

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.

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.

31-2.8 Power to reverse or modify decisions.

[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.

31-2.9 Expiration of variance.

[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.

31-2.10 Powers granted by law.

[Ord. No. 785 § 10]

The Board of Adjustment shall have such powers as are granted by law to:

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.

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.

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.

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.

31-2.11 Additional powers.

[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:

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.

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.

31-2.12 Time for decisions.

[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.

31-2.13 Conflicts of interest.

[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.

31-2.14 Meetings.

[Ord. No. 785 § 14]

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.

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.

No action shall be taken at any meeting without a quorum being present.

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.

31-2.15 Minutes.

[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.

31-2.16 Fees.

[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.

31-2.17 Hearings.

[Ord. No. 785 § 17]

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.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

31-2.18 Notice requirements for hearing.

[Ord. No. 785 § 18]

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.

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.

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.

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.

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.

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.

31-2.19 List of property owners furnished.

[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.

31-2.20 Decisions.

[Ord. No. 755 § 20]

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.

31-2.21 Publication of decision.

[Ord. No. 785 § 21]

31-2.22 Payment of taxes.

[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.

31-2.23 (Reserved) [1]

[1]

Editor's Note: Former Subsection 31-2.23, Appeals from Zoning Board of Adjustment to Borough Council, adopted by Ord. No. 785, § 23, was repealed 9-25-2013 by Ord. No. 14-2013.

31-2.24 Definitions of terms.

[Ord. No. 785 § 24]

31-2.25 Repeals.

[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.

31-2.26 Ordinances continued.

[Ord. No. 785 § 26]

31-2.27 Pending applications.

[Ord. No. 975 § 27]

31-2.28 Copy to be filed with County Planning Board.

[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.

31-3 DESIGN REVIEW BOARD.

31-3.1 Preamble.

[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:

Promoting good quality of design and attractive appearance of property;

Controlling new exterior constructions in order to enhance the streetscape and maintain its character;

Encouraging the most appropriate use and development of the property and adjacent properties;

Stabilizing and improving property values;

Fostering civic pride and beauty;

Restoring and preserving certain traditionally significant/historical structures;

Preserving and enhancing natural features and the natural environment.

31-3.2 Applicability of section.

[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.

31-3.3 Scope of review.

[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.

31-3.4 Membership and procedures.

[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.

31-3.5 Design standards.

[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:

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:

Architectural design which is compatible with the character of existing development.

The use of exterior colors, facade or roof materials or the combination of colors and materials that are harmonious.

The relationship of design features, such as height and mass, building projections and ornamental features including awnings that will create a coordinated appearance.

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.

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.

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.

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.

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.

Barrier-free construction. Barrier-free construction shall be compatible with the architecture and style of the structure.

31-3.6 Penalty.

[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.

31-4 TECHNICAL REVIEW ESCROW DEPOSITS AND ADMINISTRATION.

[Adopted 11-28-2016 by Ord. No. 22-2016[1]; 2-27-2019 by Ord. No. 02-2019; 9-24-2020 by Ord. No. 07-2020]

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:

The escrow deposit for residential applications shall be $1,200.

The initial escrow deposit for nonresidential applications shall be $3,000.

Administration of technical review deposit fees.

Each technical review escrow deposit shall be held by the Borough in a trust account separate from the general funds of the Borough.

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.

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.

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.

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.

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.)

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.

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.

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.

[1]

Editor's Note: This ordinance superseded Ord. No. 20-2016, adopted 11-9-2016, which also adopted § 31-4, Technical review escrow deposits and administration.