Borough of Madison, NJ Planning Board and Zoning Board of Adjustment

The Madison Planning Board, created pursuant to N.J.S.A. 40:55D-23 et seq., shall consist of nine members of the following four classes:

Class I: the Mayor.

Class II: One of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that, if there is a Madison Borough Environmental Commission (herein referred to as the "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 for the purposes of this chapter in the event that there is among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

Class III: a member of the Borough Council to be appointed by the Borough Council.

Class IV members: six other citizens of the municipality 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 Board of Adjustment. One Class IV member may be a member of the Board of Education. 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 a Class IV Planning Board member unless there are among 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 common to the Planning Board and the Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

Terms. The term of the member composing Class I shall correspond to his or her official tenure as Mayor. 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her 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 Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. The term of all other Class IV members shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.

Substitute members when conflict exists. If the Planning Board lacks a quorum because any of its members are prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.

The Planning Board shall organize annually by selecting from among its Class IV members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary, who may or may not be a member of the Board or a municipal employee, and create and fill such other offices as established by ordinance.

The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.

The Planning Board may annually appoint an attorney at law of New Jersey other than the Municipal Attorney as Planning Board Attorney and may fix his or her compensation or rate of compensation not exceeding the amount appropriated.

The Planning Board 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, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

(8)

No member of the Planning Board shall be permitted to act on any matter in which there is any personal or financial interest, either directly or indirectly. Any member other than a Class I member, after a public hearing, if requested, may be removed by the governing body for cause.

Powers and jurisdiction of Planning Board.

The Planning Board shall follow the provisions of N.J.S.A. 40:55D-25 and shall accordingly exercise its powers in regard to:

The Master Plan pursuant to N.J.S.A. 40:55D-28.

Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.

The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.

The Zoning Ordinance, including conditional uses, pursuant to N.J.S.A. 40:55D-67.

(e)

The capital improvements program pursuant to N.J.S.A. 40:55D-29 et seq.

(f)

Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60 et seq.

The Planning Board may:

Participate in the preparation and review of programs or plans required by State or Federal law or regulation.

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

Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council.

Ancillary powers of the Planning Board.

Planning Board review in lieu of Board of Adjustment.

Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:

Variances pursuant to N.J.S.A. 40:55D-70c;

Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; and

[3]

Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for variances or direction for issuance of a permit, as the case may be.

The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variances or direction of the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance.

Time periods.

Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in the Municipal Land Use Law.[1] 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. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Referral powers of the Planning Board.

Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report, including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies, and any other matters as the Board deems appropriate. The Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any Official Map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any Zoning Ordinance or any amendment or revision thereto.

The Borough Council may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a Borough body or Borough officer having final authority thereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this Act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such body.

§ 195-9 Zoning Board of Adjustment.

Establishment of Zoning Board of Adjustment.

The Madison Zoning Board of Adjustment (herein referred to as the "Board of Adjustment"), created pursuant to N.J.S.A. 40:55D-69 et seq., shall consist of seven regular members and two alternate members, each of whom shall the residents of Madison and shall be appointed by the Mayor with the advice and consent of the Borough Council. In the event that the Mayor fails to make a nomination at least 15 days prior to the date of the second regular public meeting of the Council after a position becomes vacant or the Borough Council fails to confirm a nomination, then the appointment shall be made by the Borough Council by the vote of a majority of the members present at the meeting, provided that at least three affirmative votes shall be required, with the Mayor to have no vote thereon except in the case of a tie. All persons so appointed shall serve for terms of four years from January 1 of the year of their appointment.

Alternate members shall be appointed for terms of two years and at the time of their appointments shall be designated Alternate No. 1 and Alternate No. 2, respectively. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

No member of the Board of Adjustment shall hold any elective office or position under the municipality. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

No member of the Board of Adjustment shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.

A member, after a public hearing, if requested, may be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

The Board of Adjustment shall annually elect a Chairperson and Vice Chairperson from its members and a Secretary who may or may not be a member of the Board or a municipal employee.

If the Board of Adjustment lacks a quorum because its regular or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.

(8)

The governing body shall make provisions in its budget and appropriate funds for the expenses of the Board of Adjustment.

(9)

The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the Borough Council for its use.

Powers and jurisdiction of Zoning Board of Adjustment.

The Board of Adjustment shall have the following powers:

Appeals. Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance.

Interpretations. Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et seq.

Variances.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article 8 of this Act,[1] 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; or

Editor's Note: See N.J.S.A. 40:55D-62 et seq.

Where, in an application or appeal relating to a specific piece of property, the purposes of this Act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of this Act,[2] provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in Subsection B(1)(d) of this section shall be granted under this subsection; 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 has the power to review a request for a variance pursuant to Subsection a of § 47 of this Act.[3]

Editor's Note: See N.J.S.A. 40:55D-62 et seq.

[3]

Editor's Note: See N.J.S.A. 40:55D-60, Subdivision a.

Use variances. In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq. to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.

(e)

If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection B(1)(d) of this section, the decision on the requested variance or variances shall be rendered under Subsection B(1)(c) of this section.

(f)

No variance or other relief may be granted under the terms 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 the purpose of the zone plan and zoning ordinance.

(g)

An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The Zoning Board of Adjustment shall have such other powers:

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 pursuant to N.J.S.A. 40:55D-32.

To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

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-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals of a site plan or subdivision by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment to the public good and without substantial impairment to the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.

Whenever an application for development requests relief pursuant to Subsection B(2)(c) of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise required in N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment 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 Board of Adjustment to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6 in the case of a site plan, the Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.

Annual report on variances heard by Zoning Board of Adjustment. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.

Appeals and applications to Zoning Board of Adjustment.

Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an official of Madison based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Board of Adjustment. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.

The Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.

An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the Board, 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 case, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey upon notice to the municipal official from whom the appeal is taken and on due cause shown.

If, in the case of an appeal made pursuant to N.J.S.A. 40:55D-70, the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission or Planning Board in accordance with N.J.S.A. 40:55D-111, the Board of Adjustment shall include the reasons for its determination in the findings of its decision.

Time period.

The Board shall render a decision not later than 120 days after the date the appeal is taken from the decision of the municipal official; or of submission of a complete application for development to the Board of Adjustment.

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.

Inquiries as to whether a proposed land use is permissible under the Zoning Ordinance or Official Zoning Map shall be submitted in writing to the Board of Adjustment, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

§ 195-10 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

Meetings.

Meetings of both the Planning Board and Board of Adjustment shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications. Both Boards may have discretion to eliminate one meeting during one summer month.

Special meetings may be held at the call of the Chair or at the request of any two Board members. The members of the respective Board and the public shall be given notice of such meeting in accordance with the Open Public Meetings Act[1] and, if applicable, MLUL requirements.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the respective Board.

All actions shall be taken by majority vote of the members of the respective Board present at the meeting except as otherwise required by the provisions of N.J.S.A. 40:55D-34 and/or 40:55D-70d. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding the absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he/she was absent exists, and provided, further, that such Board member certifies in writing to the Board that he/she has read such transcript or listened to such recording. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal board and of the persons appearing by attorney, the action taken by the municipal 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 administrative officer. Any interested party shall have the right to compel production of the minutes for use or evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.

At least once a year, each Board shall review the minutes of all closed meetings held in conformance with the Open Public Meetings Act to determine whether the minutes may be made public.

Public hearings.

The Planning Board or Board of Adjustment shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan. Each Board shall make the rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the 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 said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.

The officer presiding at the hearings or such person as he/she 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or attorney for the Board, 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.

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

The municipal board shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means. The municipal board shall furnish a transcript or duplicate recording in lieu thereof, on request to any interested party at his expense.

(8)

Decisions.

The municipal 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 municipal board shall provide the findings and conclusions through:

[a]

A resolution adopted at a meeting held within the time period provided in the act for action by the municipal board on the application for development; or

[b]

A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal board voted to grant or deny approval. Only the members of the municipal 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 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 of any such resolution shall be deemed to be a memorialization of the action of the municipal board and not to be an action of the municipal 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 section.

If the municipal 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 municipal board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.

A copy of the decision shall be mailed by the municipal board within 10 days of the date of decision to the applicant or, if represented, then to his or her attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal board in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his or her office during reasonable hours.

A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he/she so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

Notice of applications.

Public notice of a hearing on an application for development shall be given, except for:

Preliminary site plan review pursuant to § 34 of N.J.S.A. 40:55D-46 if the proposed development is of a minor nature and located a considerable distance from the perimeter lot boundary lines;

(Reserved)[2]

Editor's Note: Former Subsection C(1)(b), excepting minor subdivisions pursuant to § 35 of N.J.S.A. 40:55D-47, was repealed 10-16-2013 by Ord. No. 40-2013.

Final approval pursuant to § 38 of N.J.S.A. 40:55D-50; and provided that public notice shall be given in the event that relief is requested pursuant to § 47 or 63 of N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice.

Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:

By publication in the official newspaper of the Borough.

To all owners of real property as shown on the current tax duplicate, located in the state and 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 condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.

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 to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.

(e)

To the Morris County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.

(f)

To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.

(g)

To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the administrative officer. Notice shall be given by personal service or certified mail.

(h)

On applications for approval of a major subdivision or a site plan not defined as a minor site plan, to a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1 by:

Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or

Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

Upon the written request of an applicant the Borough Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.

The applicant shall be responsible for giving proper notice to all property owners.

The applicant shall file an affidavit of proof of service with the Planning Board or Board of Adjustment, as the case may be, at least five days prior to the scheduled meeting.

The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.

Registration by public utilities, cable television companies and local utilities.

Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection h of § 7.1 of N.J.S.A. 40:55D-12 may register with any municipality in which the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.

A registration fee of $10 is required for any public utility, cable television company or local utility which registers to receive notice pursuant to Subsection D(1) of this section.

Conditional approval.

In the event that an applicant submits an application proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board or Board of Adjustment shall process such application in accordance with this chapter, and if such application complies with all Borough regulations, the Planning Board or Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board or Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Planning Board is prevented or relieved from so acting by the operation of law.

Tolling of running of approval period. In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this section shall be suspended for the period of time said local action is pending or such directive or order is in effect.

Time extensions. The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made in writing or verbally at a public meeting of the Board for a specific period of time and indicated in the minutes of the meeting.

Expiration of variance. Any variance from the terms of this chapter hereafter granted by either Board 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 said 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; 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 Board to the governing body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

Appeal or petition in certain cases to the Board of Public Utility Commissioners.

If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a municipal board through said agency's exercise of its powers under this Act, with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body pursuant to § 8 (N.J.S.A. 40:55D-17) of this Act unless such public utility so chooses. In such case appeal to the Public Utility Commissioners may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, any ordinance or regulation made under the authority of this Act notwithstanding.

This chapter shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall after hearing, of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.

Nothing in this Act shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal board or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.

§ 195-11 (Reserved) [1]

Editor's Note: Former § 195-11, Appeal to governing body, was repealed 1-25-2021 by Ord. No. 3-2021.

§ 195-12 Fees.

Fees for applications or for the rendering of any services by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs shall be as provided in the Fee Ordinance of Madison Borough.

Application fees. At the time of filing any application for development, any application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change, any request for amendment of the Master Plan, and/or any request for concept review of a development proposal, zoning permit for building construction or permit to erect a sign, each applicant shall pay to the Borough of Madison a nonrefundable application fee, or fees, in accordance with the following schedule. The applicant shall pay the fee required for each application which is submitted.

[Amended 7-12-1999 by Ord. No. 22-99; 8-11-2003 by Ord. No. 38-2003; 8-9-2010 by Ord. No. 39-2010; 7-9-2012 by Ord. No. 12-2012; 9-10-2012 by Ord. No. 22-2012; 4-8-2019 by Ord. No. 10-2019]

Application Fees
Type			Fee
Subdivisions:
	Minor subdivisions		$375
	Major subdivisions, sketch plat		$375
	Preliminary major subdivision		$1,000
	Final major subdivision		$500
Site plans:
	Waiver of site plan details		$300
	Preliminary major site plan		$300, plus $50 for each 1,000 square feet of gross floor area. In the case of a parking lot reconstruction not associated with the construction of a building, the fee shall be $1,600.
	Final major site plan		$600
Variances:
	Appeals (N.J.S.A. 40:55D-70a)		$300
	Interpretations (N.J.S.A. 40:55D-70b)		$300
	Dimensional (each)
		Residential	$150
		Nonresidential	$150
	Use
		Residential	$500
		Nonresidential	$750
Other
	Amended application		$375
	Extension of approval		$150
	Request for zone change or recommendation of zone change		$400
	Request for Master Plan amendment		$400
	Concept review (such fee to be a credit toward the fee for any future application for the same development proposal filed within one year of the date of the concept review meeting)		$400
	Zoning permit for building construction		$50
	Permit to erect a sign		$100
	Temporary signage: banner and signs permit		$50
	Individual lot grading plan review; new home		$300
	Minor lot impacts review; drives/decks/ fences/sheds/ pools/retaining walls/fills		$50
Signs
	Refacing of previously approved signage (within 36 months)		$25
	Additional signage to previously approved application (within 36 months)		$25
	Temporary signage - banner and signs permit		$25

Technical review fees.

Components of fee. Each applicant shall pay to the Borough of Madison a technical review fee in connection with each application for development, each application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change, any request for amendment of the Master Plan, and/or any request for concept review of a development proposal. All such requests are included in this Subsection B with the term "application." The technical review fee shall be equal to the sum of the following two components:

The dollar amount of all charges by outside professionals (as defined herein) for professional services rendered to the Borough and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Borough when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by resolution of the reviewing board, in the case of professionals retained by the board, and by resolution of the Borough Council, in the case of professionals retained by the Borough. Such schedules shall be subject to revision from time to time in the discretion of the reviewing board and/or the Borough Council, as the case may be.

The dollar amount of the hourly base salary of each in-house professional (as defined herein) who has rendered professional services to the Borough and/or the reviewing board in connection with the application, multiplied by both the total number of hours of professional services spent by each in-house professional in connection with the application, and 200%. The hourly base salary of each in-house professional shall be established by ordinance annually.

Definitions. As used in this section, the following terms shall have the meanings indicated:

IN-HOUSE PROFESSIONAL

Engineers, planners, attorneys and other professionals whose salary, staff support and overhead are provided by the Borough of Madison.

OUTSIDE PROFESSIONALS

Engineers, planners, attorneys and other professionals whose salary, staff support and overhead are not provided by the Borough of Madison. "Outside professionals" shall include, without limitation, consultants who are not normally utilized by the Borough or the reviewing board when an application presents issues which are beyond the scope of the expertise of the professionals who normally serve the reviewing board or the Borough.

PROFESSIONAL SERVICES

Time spent by a professional engineer, professional planner, attorney, traffic expert or other professional in connection with review of an application and/or review and preparation of documents in regard to such application. In appropriate cases, such services shall include, without limitation, review of plans, reports, relevant ordinance provisions, statutory law, case law and prior approvals for the same parcel; site inspections; and preparation of resolutions, developer's agreements and other documents.

Limitations on scope of charges for professional services.

All charges for professional services shall be reasonable and necessary given the status and progress of the application. Such charges shall be made only in connection with:

An application which is presently pending before a reviewing board;

Review of an applicant's compliance with conditions of approval; and/or

[3]

Review of an applicant's request for modification or amendment of an application or approval.

A professional shall not review items which are subject to approval by a state governmental agency and which are not under municipal jurisdiction, except to the extent that consultation with a state agency is necessary due to the effect of a state approval on the applicant's application.

If the Borough or the reviewing board shall retain a different professional in place of the professional originally responsible for review of an application, the Borough or the reviewing board, as the case may be, shall be responsible for all time and expenses of the new professional to become familiar with the application. Neither the Borough nor the reviewing board shall charge the applicant or the applicant's technical review fee deposit for such services.

Neither the Borough nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for any municipal clerical or administrative functions, overhead expenses, meeting room charges or other municipal costs and expenses, except as provided for in this § 195-12, nor shall any professional add any such charges to his or her bill.

Payment of technical review fee deposits. At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay a technical review fee deposit, or deposits, in accordance with the following schedule. The applicant shall pay the deposit required for each approval which is requested.

Technical Review Fees
Type of Application			Deposit Amount
Subdivisions:
	Minor subdivision
		Residential	$500 per lot
		Nonresidential	$750 per lot
	Major subdivision [Amended 8-11-2003 by Ord. No. 38-2003]		$1,000 per lot
	Preliminary major subdivision		$750 per lot for the first 3 lots, $100 per lot for additional lots
	Final major subdivision		1/2 the cost of preliminary
Site plans:
	Waiver of site plan details		$150 per residential unit; $50 per 100 square feet of gross floor area
	Preliminary major site plan
		Residential	$150 per residential unit
		Nonresidential	$50 per 100 square feet of gross floor area; $50 per parking space, in the case of a parking lot recon- struction not associated with the construction of a building.
	Final major site plan		1/2 the cost of preliminary major site plan
Variances
	Appeals (N.J.S.A. 40:55D- 70a)		$750
	Interpretations (N.J.S.A. 40:55D-70b)		$750
	Dimensional
		Residential (excluding one- and two-family homes)	$500
		Nonresidential	$1,000
	Use
		Residential (excluding pre-existing, noncon- forming one- and two- family homes)	$1,500
		Nonresidential	$2,500
Other
	Amended application		$1,000
	Extension of approval		$500
	Request for zone change or recommendation of zone change		$2,000
	Request for Master Plan amendment		$2,000
	Concept review		$1,000

Custody of deposits; procedure for payments against deposits; submission of vouchers; monthly statements.

All technical review fee deposits shall be placed into an escrow account, which account shall be maintained by the Chief Financial Officer of the Borough of Madison. The Chief Financial Officer shall make all payments for the escrow account.

All payments charged to an applicant's technical review fee deposit shall be pursuant to vouchers from the professionals performing professional services in connection with the application. All vouchers shall identify the professional performing the services, the dates when services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred.

All outside professionals shall submit vouchers to the Chief Financial Officer on a monthly basis. A copy of the voucher shall be sent to the applicant simultaneously. All in-house professionals shall submit to the Chief Financial Officer on a monthly basis a statement containing the same information as the voucher of an outside professional. A copy of the statement shall be sent to the applicant simultaneously.

The Chief Financial Officer shall prepare, and send to the applicant on a monthly basis a statement providing an accounting of the applicant's technical review fee deposits. The accounting shall include all deposits made, interest earned, disbursements made and cumulative deposit balance. Notwithstanding the foregoing, if monthly charges to an applicant's deposit are $1,000 or less, such statement may be provided by the Chief Financial Officer on a quarterly basis.

Replenishing of deposit.

If a technical review deposit shall be insufficient to enable the Borough or the reviewing board to perform required application reviews, the Chief Financial Officer shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. In order for work to continue on the application, the applicant shall, within a reasonable time period post additional funds to the escrow account in an amount to be agreed upon by the Borough (acting through its Chief Financial Officer) and the applicant.

The determination of insufficiency shall be made by the Chief Financial Officer in his or her reasonable discretion. Furthermore, as used herein, a "reasonable time period" for the posting of additional funds to the escrow account shall be not longer than 15 days after the date of the Chief Financial Officer's insufficiency notice. The applicant shall be deemed to agree to the terms of the insufficiency notice unless, within 15 days after the date of such notice, the applicant shall deliver to the Chief Financial Officer a written notice of objection.

If the applicant timely files such an objection, the applicant shall have the right to pay the amount requested under protest and the right to challenge same in the Superior Court, Law Division, in an action in lieu of prerogative writs filed within 45 days after the applicant's receipt of the Chief Financial Officer's final accounting with respect to the applicant s technical review fee deposit.

If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Borough, the reviewing board and all professionals shall have the right to cease all further work on the application immediately, and the reviewing board shall have the right to deny without prejudice any pending application, because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy or other approvals or authorizations be issued to an applicant when there exists any deficiency in the applicant's technical review fee deposit.

Final accounting; return of unused balance of deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of the same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with Subsection E.

Transcript fees. Each applicant shall be required to reimburse the Borough of Madison for its actual costs for the preparation of a transcript of all hearings on any site plan application, major subdivision application, application for amendment to the Master Plan or appeal to the Borough Council of decisions by the Board of Adjustment. Fifty percent of the estimated cost of the transcript shall be deposited at the time the transcript is ordered.

Special meeting fees. A fee of $1,500 shall be charged to the applicant for any special meeting of the Planning Board or Board of Adjustment held at the request of the applicant to hear and/or decide any site plan application, major subdivision application, application for amendment of the Master Plan or any other matter. Nothing herein shall obligate any board to hold a special meeting on any application for development.

Deposits with the Borough; escrow accounts; interest.

Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for technical review fee deposits, for inspection fees or to satisfy the requirement for any performance guaranty or the requirement for any maintenance guaranty pursuant to this chapter, such money, until repaid or applied for the purposes for which it was 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, except as otherwise provided for in this section.

The Borough shall deposit such money in a banking institution or savings and loan association located in the State of New Jersey and insured by an agency of the federal government or in any other fund or depository approved for such deposits by the State of New Jersey. Such moneys shall be maintained in an account bearing interest at the minimum rate currently paid by such institution or depository on time or savings deposits.

The Borough shall notify the applicant in writing of the name and address of the institution or depository in which such deposit is made and the amount of the deposit. The Borough shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100 for any year, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Borough annually, or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be. Notwithstanding anything to the contrary above, the Borough may retain for administrative expenses a sum equal to 33 1/3% of the annual interest earned by such deposit. The amount so retained shall be in lieu of all other administrative and custodial expenses charged by the Borough in connection with the deposit.

Borough tree protection deposit. At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay a deposit to protect Borough trees, as such trees are defined in the Shade Tree Management Board Ordinance, Chapter 45 of the Madison Borough Code. The deposit amount shall be $750 per Borough tree which may be damaged during construction, and such deposit shall be held in trust by the Borough in accordance with Chapter 195, § 195-12, Subsection E. Such deposit may be applied by the Borough to remedy or replace Borough trees damaged by the applicant, as determined by the Shade Tree Management Board. The deposit may be held up to 24 months from issuance of the C. O. to insure the Borough tree survives the construction. Any balance will thereafter be returned to the applicant.

[Added 11-13-2017 by Ord. No. 43-2017]

§ 195-12.1 Waiver of building permit fees.

[Added 9-22-2014 by Ord. No. 48-2014]

No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.

A disabled person, or a parent or a sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his/her own living unit.

For the purposes of this section, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416) or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

§ 195-13 Application by corporation or partnership.

A corporation or partnership applying to the Planning Board, the Board of Adjustment or the governing body for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more dwelling units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

If a corporation or partnership owns 10% or more of the stock of a corporation or interest of 10% or greater in a partnership, either of which is subject to disclosure pursuant to N.J.S.A. 40:55D-48.2, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or interest of 10% or greater in the partnership, as the case may be; and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in the Act have been listed.

The Planning Board, Board of Adjustment or governing body shall not approve the application of any corporation or partnership which does not comply with § 195-1A or B of this chapter.

Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning an interest of 10% or greater in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the Borough of Madison in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.)

§ 195-14 Technical Coordinating Committee.

[Amended 3-26-2018 by Ord. No. 13-2018]

A Technical Coordinating Committee (TCC) shall be established to serve as the Review Advisory Board to review all applications for development or requests for review submitted to the Planning Board. A designee of the Chairperson of the Planning Board shall chair the Committee. The Committee shall include the Board Engineer, Borough Construction Official, Board Planning Consultant, Board Attorney, a representative from the Shade Tree Management Board and, in addition, any member of the Planning Board or any other official as appointed by the Chairperson of the Planning Board whose particular expertise may be required on a specific application or all applications.

The TCC shall have the following responsibilities:

Determine adequacy of application materials provided to address technical standards set forth in this chapter.

Determine compliance with the technical standards set forth in this chapter.

Make recommendations on the design and technical elements of any application.

Consider and make recommendations regarding waivers of specific checklist requirements if the proposed development results in minor changes that do not warrant provision of specific items.

In the case of permitted uses with waiver of site plan details, make recommendations to the Board regarding waiving requirements if the proposed development has secured previous site plan approval, involves normal maintenance or replacement, such as painting or siding, or does not affect existing drainage, circulation, landscaping, lighting, and other considerations of site plan review, with the exception of signage and solid waste disposal.

Determine whether the project is in a critical area as defined by the Environmental Resources Inventory.

Recommend whether an environmental impact assessment, traffic impact assessment, or any other special studies should be required.

The Committee shall make known its findings through a combination of written correspondence provided in advance of any TCC meeting and through TCC minutes.

§ 195-15 Zoning Officer.

Creation of office; appointments. The office of the Zoning Officer of the Borough of Madison is hereby continued. Appointments to the office of the Zoning Officer shall be made by the Mayor, subject to confirmation by the Borough Council of the Borough of Madison. The term of office shall be one year. A vacancy in the office shall be filled by the Mayor subject to confirmation by the Borough Council for the unexpired term only.

Duties.

It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to:

Discover and ascertain the existence of any violations of this chapter.

Investigate and inspect any alleged violation of this chapter within his/her knowledge or coming to his/her attention.

Prevent further or continued violations of this chapter which are known by him/her to exist and by every lawful means cause the violators to cease and desist from committing such further violations.

Prosecute violations of this chapter in the manner provided by law.

Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Borough of Madison, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of this chapter and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to or any land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter in the manner herein provided and as otherwise provide by law, and he/she is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof, now existing or heretofore or hereafter provided, which may be available to him/her.

Enforcement procedure. Whenever the Zoning Officer shall ascertain that any of the provisions of this chapter are being violated, he/she shall:

Promptly notify the person committing such violation to cease and desist from continuing such violation . If such violation consists of the construction or erection of an illegal building or structure, he shall order the same demolished and the site cleared or the building or structure removed. If such violation consists of an illegal alteration or conversion of an existing building or structure, he shall order each building or structure restored to a conforming condition.

Sign and file a complaint alleging the violation in the Municipal Court of the Borough of Madison, in the manner prescribed by law and the rules governing the practice in such Court. He/she shall also institute further proceedings in the Superior Court when, in his opinion, the same are warranted to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Zoning Officer from instituting a complaint for any violation of this chapter in the manner prescribed by law.

Search warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough of Madison for a warrant or warrants to search and inspect the properties and premises upon which he/she has reason to believe any violation of this chapter has taken or is taking place and, upon probable cause shown the Judge may issue such a warrant or warrants in the manner authorized by law, and the information obtain pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.

Administrative duties. In addition to the duty of enforcement of this chapter and prosecuting the violations thereof, the Zoning Officer shall:

Make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is requested prior to the issuance of such permit, in order to ascertain that said occupancy or use will comply with every standard, regulation and requirement of this chapter for such occupation and use.

After proper inspection and investigation, issue land use permits and certificates of occupancy in appropriate instances and within his/her jurisdiction.

Report to the Board of Adjustment with respect to matters which are properly before the Board and otherwise conduct investigations, report to and be responsible to the Mayor and Borough Council with respect to matters pertaining to the Zone Plan and this chapter and otherwise within his/her jurisdiction.

Start and maintain an accurate and complete file with respect to every alleged violation of this chapter or other matters investigated and processed by him/her.