No member of the Planning Board or 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.
A.
Regular meetings of both the Planning Board and 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 canceled
for lack of applications for development to process.
B.
Special meetings may be called by the Chairperson
of either Board and shall be called at the request of any two Board
members. Such meetings shall be held on notice to the members and
the public in accordance with law.
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 this chapter or of
law.
E.
All meetings shall be open to the public. Notice of
all such meetings shall be given in accordance with the requirements
of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
Minutes of every 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 in accordance with the fee schedule as per ordinance
and on file with the Borough Clerk.
[Amended 4-21-1980 by Ord. No. 314; 5-16-1988 by Ord. No.
396; 5-16-1988 by Ord. No. 397; 3-16-2009 by Ord. No. 638; 4-18-2011 by Ord. No. 658; 6-19-2012 by Ord. No. 672; [1]]
Fees shall be charged for services of the boards
or their administrative staffs; the amount of such fees shall be per
ordinance, which is on file with the Borough Clerk. The Fee Schedule
is on the Borough website.
A.
Planning Board.
(3)
Escrow fees for legal and engineering services are
subject to increase during the course of the application process in
the event that services rendered in connection with said application
exceed those amounts originally deposited.
(4)
Separate checks must be submitted for application
fees and escrow deposits and made payable to the Borough of Harrington
Park.
B.
The Planning Board and/or the Zoning Board of Adjustment
may exempt according to uniform standards charitable, philanthropic,
fraternal and religious nonprofit organizations holding a tax-exempt
status under the Federal Internal Revenue Code of 1954 [26 U.S.C.
§ 501(c) or (d)] from the payment of any fee charged under
this section.
A.
The Planning Board and Zoning Board of Adjustment
shall, by resolution, prescribe forms for applications.
B.
All applications to the Planning Board and Zoning
Board of Adjustment shall be filed with the administrative officer
of the Board with which the applicant intends to file the application,
and the administrative officer shall stamp the date of filing thereon.
C.
An application shall be deemed complete (and shall
be referred to as a "complete application") when:
(1)
The application form has been fully completed and
the requirements set forth in the checklist appended thereto have
been complied with to the satisfaction of the Planning Board or Zoning
Board of Adjustment. Both duly executed documents shall be filed with
the proper administrative officer, in the case of a Planning Board
application that person being the Clerk of the Board. For purposes
of this section, only any requirements which have been waived by the
Board are deemed complied with.
[Amended 5-16-1988 by Ord. No. 395]
(2)
All documents in the requisite number and in the form
prescribed by this chapter shall have been filed with the proper administrative
officer.
(3)
A certificate from the Tax Collector has been filed
with the proper administrative officer stating whether any taxes or
assessments for local improvements are due or delinquent.
(4)
All fees prescribed by this chapter have been paid.
(5)
In the event that this chapter shall require that
the documents be referred to other persons or bodies, the affidavit
of service thereof shall have been filed with the proper administrative
officer.
(6)
The Board to which the application is made, or its
designee, shall have certified, within 45 days after filing thereof
with the proper administrative officer, that the application is a
complete application.
D.
The checklist appended to the application before either
the Zoning Board of Adjustment or Planning Board shall contain the
following information and be in the following form which shall be
supplied at the Borough Hall.[1]
[Added 5-16-1988 by Ord. No. 395]
[1]
Editor's Note: The checklists are on file
in the Borough Clerk's office. Application forms are provided on the
Borough website.
A.
Oaths. The officer presiding at a hearing of the Planning
Board or Zoning Board of Adjustment, or such person as he may designate,
shall have the 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 to such hearings.
B.
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 the number of witnesses.
C.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
D.
Records. Each 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.
E.
Qualification. When any hearing before the Planning
Board or Zoning Board of Adjustment shall carry over two or more meetings,
a member of the Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings;
provided, however, that such Board member has available to him a transcript
or recording of the meeting from which he was absent and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
F.
Findings of fact and conclusions of law. Each Board
shall include findings of fact and conclusions based thereon in each
decision on any application for development and shall reduce the decision
to writing. The Board shall provide the findings and conclusions through
(i) a resolution adopted at a meeting held within the time period
provided in this chapter for action by each Board on the application
for development; or (ii) a memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the Board voted to grant or deny approval. Only the members of the
Board who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to Section
5 of the Municipal Land Use Law (N.J.S.A. 40:55D-9) (resulting from
the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the Board and not
to be an action of the Board; however, the date of the adoption of
the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publications required by this chapter.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time, and
the cost of the application, including attorney fees, shall be assessed
against the Borough.
[Added 5-16-1988 by Ord. No. 396]
Whenever a hearing is required on an application
for development pursuant to this chapter, the applicant shall give
notice thereof as follows, unless otherwise provided:
A.
Public notice shall be given by publication in one
of the official newspapers of the municipality at least 10 days prior
to the date of the hearing.
[Amended 5-16-1988 by Ord. No. 395]
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, provided that this requirement shall be deemed satisfied
by notice to the (i) condominium association in the case of any unit
owner whose unit has a unit above or below it; or (ii) horizontal
property regime in the case of any co-owner whose apartment has an
apartment above or below it and whether located within or without
the municipality in which applicant's land is located. Such notice
shall be given by serving a copy thereof on the owner as shown on
said current tax duplicate or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. A return receipt
is not required. Notice to a partnership owner may be made by service
upon 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 to a condominium association, horizontal property regime, community
trust or homeowners' association because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing may be made in the same manner as in a
corporation, without further notice to unit owners or homeowners on
account of such common elements or areas.
[Amended 5-16-1988 by Ord. No. 396]
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.
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 as shown on the Official Map or on the County Master Plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Subsection b of
Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).
[Amended 5-16-1988 by Ord. No. 396]
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
exclusive of the date of the 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 complete upon mailing.
I.
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 the considered; the sections of this
chapter from which the applicant seeks any relief; identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[Amended 4-18-2011 by Ord. No. 658]
The Tax Collector or his designee shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom an applicant is required to give notice pursuant to § 202-30B.
B.
Applications to Planning Board.
(1)
The Planning Board shall render its decision not later
than 45 days from the filing of a complete application in the following
matters:
(a)
Minor subdivisions.
(b)
Preliminary approval of a major subdivision
of 10 or fewer lots and not involving a conditional use.
(c)
Final approval of a major subdivision and not
involving a conditional use.
(d)
Preliminary approval of a site plan for 10 acres
of land or less and not involving a conditional use.
(e)
Final approval of a site plan for 10 acres of
land or less and not involving a conditional use.
(2)
The Planning Board shall render its decision not later
than 95 days from the filing of a complete application in the following
matters:
C.
Extension of time. The time within which the Zoning
Board of Adjustment or Planning Board is required to act may be extended
with the consent of the developer.
D.
Failure of the Board to act within time. Failure of the Zoning Board of Adjustment or Planning Board to render its decision within the applicable time period set forth in this § 202-32 shall constitute an approval of the application and, at the request of the applicant, a certificate shall be issued by the Municipal Clerk, or his designee, certifying that the Board has failed to act.
E.
Expiration of approvals.
(1)
Minor subdivision. A minor subdivision approval shall
expire 190 days from the date of Planning Board approval unless within
such period a plat in conformity with the approval and with the Map
Filing Law[1] or a deed clearly describing the approved subdivision
is filed by the developer with the Bergen County Clerk, the Borough
Engineer and the Borough Tax Assessor.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(2)
Major subdivision. Final approval of a major subdivision
shall expire 95 days from the date of signing the plat unless within
such period the plat shall have been duly filed by the developer with
the Bergen County Clerk. 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 the signing of the plat.
(3)
Variance. Any variance granted by the Zoning Board
of Adjustment permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
expire unless such construction or alteration shall have been actually
commenced on each and every structure permitted by said variance,
or unless such permitted use has actually been commenced, within nine
months from the date of the determination of the Zoning Board of Adjustment;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Zoning Board of Adjustment to the governing body,
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding.
A.
All decisions of the Planning Board and Zoning Board
of Adjustment on an application for development shall be by written
resolution which shall set forth 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 the 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 filed
an open public records request. A copy of the decision shall also
be filed in the office of the Municipal Clerk, who shall make a copy
of such filed decision available to any interested party in the same
manner as those established for copies of other public documents in
the municipality.[1]
C.
Any approval or other relief granted by either Board
shall be conditioned upon either the prompt payment of due or delinquent
taxes or assessments or the making of adequate provision for the payment
thereof in a manner that will adequately protect the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Clerk of the Planning Board or Zoning Board
of Adjustment, as the case may be, without separate charge to the
applicant. Said notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
