A.
Administrative officer; receiving applications for development; issuing approval certificates. The administrative officer for the purpose of the enforcement of this chapter, and except as otherwise set forth in Chapter 71, Article XV, Land Use Administrator, shall be the Zoning Officer, who is hereby given the duty, power and authority to respectively enforce the provisions of this chapter under the applicable powers and authority as provided by law. The Zoning Officer shall examine all applications under his or her jurisdiction and shall approve all required inspections to ensure compliance with this chapter.
[Amended 9-20-2010 by Ord. No. 1439-2010]
B.
Administration.
(1)
Subdivisions. Any owner of land lying within the Borough shall, prior
to subdividing or resubdividing of land as defined in this chapter,
and before conveying legal or equitable title to such subdivision
or any part thereof, apply to the Planning Board for review and approval
of the subdivision plat pursuant to the provisions of this chapter.
(2)
Site plan. Prior to the issuance of any construction permit or certificate
of occupancy, as the case may be, for any new structure, addition
to or alteration of an existing structure, a site plan shall be submitted
to the Planning Board or to the Board of Adjustment as provided by
statute, for its review and approval.
C.
Enforcement. The rules, regulations and standards contained in this
chapter shall be considered the minimum requirements for the protection
of the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Borough under the terms of this chapter shall
give primary consideration to the purposes and provisions of this
chapter and to the welfare of the entire community. Moreover, if an
applicant or his agent can clearly demonstrate that, because of the
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impractical or will exact undue
hardship, the appropriate municipal agency may permit such exceptions
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
A.
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter and, in so doing, to inspect periodically
the structures and land in the Borough, to investigate violations
of the chapter coming to his attention, to serve notice upon property
owners to abate any condition found to exist in violation of any provision(s)
of this chapter, to sign complaints where justified and to cooperate
with other Borough officials in the prosecution of violators. The
enumeration herein of the duties of the Construction Official and
Zoning Officer shall not mean that other officials and employees shall
be relieved of their obligation to enforce this chapter. The Construction
Official and Zoning Officer or other Borough employees authorized
by the Borough shall have the right to inspect any lot or building
at reasonable times for the purpose of investigating possible violations
of this chapter.
B.
If the Zoning Officer finds any substantial deviation from any approved
plans, he shall notify the permittee and the Borough Clerk, in writing,
of the deviation. The Zoning Officer and the Borough may take such
action as is provided in this chapter.
No construction permit and no certificate of occupancy shall
be issued by the Zoning Officer except upon application therefor in
conformity with all the provisions of this chapter. No sign erection
permit shall be issued by the Zoning Officer except upon application
therefor in conformity with the terms of this chapter.
A.
Stop orders. In the event that a permittee shall fail to comply with
any condition or regulation or provisions of an approved plan, the
Borough Engineer or the Zoning Officer may issue a stop order on all
construction work within the area encompassed by the approved plan
and which order may include requirements for the prompt correction
of adverse conditions. Thereafter, no construction work of any type
shall be performed within the area of the approved plan except such
work as is in accordance with the requirements of the Borough official
as set forth in said order or in accordance with the approved plan.
B.
Permit revocation. In the event of a failure to comply with any condition
of an approved soil erosion and sediment control plan, tree removal
plan or steep slope disturbance plan, upon recommendation of the Borough
Engineer or Zoning Officer, the Borough may revoke any construction
permit for any property upon which such noncompliance occurs or for
any property affected by such noncompliance. The Borough may also
seek to enjoin the violation or take such other steps as permitted
by law.
C.
Revocation of construction permit or certificate of occupancy. In
the event of a failure to comply with any condition of final site
plan approval, the Zoning Officer or Borough Engineer, on his or her
initiative, may revoke the construction permit or certificate of occupancy,
as the case may be, and seek to enjoin the violation or take such
other steps as permitted by law.
A.
Any person who violates any of the provisions of this chapter or
who fails to comply with any of the requirements thereof or who erects,
raises, moves, extends, enlarges, alters or demolishes any structure
in violation of any detailed statement or plan submitted hereunder
or who puts into use any lot or premises in violation of any detailed
statement or plans submitted hereunder or who refuses reasonable opportunity
to inspect any premises shall, upon conviction thereof by any court
authorized by law to hear and determine the matter, be liable to a
fine of not more than $1,000, or to imprisonment for a term of not
more than 90 days, or both, as such court in its discretion may impose.
Each day during or on which a violation occurs or continues shall
be deemed a separate offense.
B.
If before final subdivision approval any person as owner or agent
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision for which
municipal approval is required, such persons shall be subject to a
penalty not to exceed $1,000, and each lot disposition so made may
be deemed a separate violation.
C.
In addition, the Borough may institute and maintain a civil action:
(1)
For injunctive relief; or
(2)
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56, but only if the municipality
has a Planning Board and has adopted by ordinance standards and procedures
in accordance with N.J.S.A. 40:55D-38.
D.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors to secure the return of any deposits made or purchase
price paid and, also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years if unrecorded.
A.
General.
(1)
Every application for development shall be accompanied by a payment
of a fee in accordance with a schedule hereinafter set forth. The
application charge is a flat fee to cover direct administrative expenses
and is not refundable.
(2)
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
(3)
No fees shall be returned to the applicant after public hearing has
commenced.
(4)
If any applicant desires a court reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript for the
Board hearing the application shall be at the expense of the applicant,
who shall arrange for the reporter's attendance.
(5)
Schedule of application fees to be paid at the time of the filing
of the application.
Submission
|
Application Fee
| |
---|---|---|
Sketch plat for classification/concept plan
|
$50
| |
Minor subdivision plat
|
$100
| |
Major subdivision/preliminary
|
$100 plus $25 per lot
| |
Major subdivision/final
|
$50 plus $25 per proposed lots
| |
Site plan
| ||
For each 20,000 square feet of lot area up to 3 acres
|
$200
| |
For each acre over 3 acres
|
$300
| |
For each 1,000 square feet of floor area up to 10,000 square
feet
|
$150
| |
For each 1,000 square feet of floor area over 10,000 square
feet
|
$100
| |
Variances
| ||
Appeals in accordance with N.J.S.A. 40:55D-70a
|
$200
| |
Interpretations in accordance with N.J.S.A. 40:55D-70b
|
$200
| |
Hardship applications in accordance with N.J.S.A. 40:55D-70c
|
$200
| |
Conditional use
|
$200
| |
Use in accordance with N.J.S.A. 40:55D-70d
|
$250
| |
Amendments
| ||
No expansion of building or outside facility
|
$200
| |
If expansion is proposed, fees established for site plans apply
|
See site plan fees
| |
Appeals pursuant to N.J.S.A. 40:55D-34 and 40:55D-36
|
$100
|
B.
Resolution, publication, and copy fees.
(1)
In addition to application fees, applicants or appellants to the
Planning Board, Zoning Board of Adjustment or Mayor and Council shall
pay the following fees:
(a)
Copy of decision (resolution), per page or part thereof: $1.
(b)
Publication in newspaper of notice of hearing and notice of
final decision: cost of publication.
(c)
Copies of minutes of meetings, per page or part thereof: $1.
(d)
Copies of rules and regulations, per page or part thereof: $1.
(e)
Copies of transcript or duplicate of recording of proceedings:
cost.
(f)
Copies of notices of all meetings, annual fee: $20.
C.
Inspection fees.
(1)
In addition to the fees set forth for the review of subdivision plans
and site plans, there shall also be an inspection fee of 2.5% of the
estimated cost of improvements on site plans and an inspection fee
of 5% of the estimated cost of the improvements for subdivision, as
estimated by the Borough Engineer and payable at the time of the commencement
of construction. This charge shall be for the purpose of defraying
the costs of inspections of the installation of the improvements required
by the Planning Board.
(2)
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees required in this section.
(3)
All applicants or appellants other than a department, board or agency
of the Borough shall pay the applicable fees unless such fee is specifically
waived by the Borough Council. Such waivers shall only be considered
for nonprofit organizations.
D.
Special meeting fees.
[Added 7-16-2018 by Ord.
No. 2018-013]
(1)
The fee for all special meetings, whether requested by the applicant
or commenced by the Board, is $2,000.
(2)
In the event that a special meeting is necessary pursuant to § 240-33, the time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such professional review escrow account. The professional review escrow account for such a meeting shall be a minimum of $500. The professional review escrow amount shall be posted by the applicant prior to or at the commencement of the special meeting. The applicant shall be required to deposit any additional funds into the professional review escrow account which may be required to cover costs for professional services in excess of the initial deposit.
(3)
Each sitting member of the Board shall be provided $200 from the Borough for attendance at any special meeting. Such funds shall be paid out of the amounts collected under § 240-46D(1).
In addition to the filing fees and any other fees or payments
required by this chapter, the applicant for any development application,
appeal or other matter pursuant to this chapter shall be responsible
to reimburse the Borough for payments made to professionals for services
rendered to the Borough related to such application, appeal or other
matter. The following provisions shall apply to such payments:
A.
Initial deposits for professional services. The following escrow
fees shall be collected by the Zoning Officer at the time of the filing
of the application. These fees are to be applied for the review of
applications by the professional staff/consultants and shall include
all office review, phone correspondence, preparation of reports, conferences,
appearance at meetings or other purposes under the provisions of this
chapter or the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
For purposes of this section, "professional staff" shall include the
Borough Planner, Borough Engineer and board attorneys, and such other
professionals as may be deemed necessary by the Planning Board or
the Zoning Board of Adjustment to review an application. Deposits
shall be paid by personal check, certified check, cashier's check
or bank money order. In the case of proposals requiring a combination
of approvals, such as subdivision, site plan and/or variance(s), the
applicant shall deposit an amount equal to the sum of the deposits
required for each application. In the event that there is no new schedule
of fees filed by the professionals, the schedule previously filed
by the professional shall prevail.
B.
Subsequent deposits for professional services. In the event that
the amount in the individual account for professional services should
become depleted to less than 25% of the initial deposit required by
this chapter, and if the Zoning Officer determines that additional
funds are necessary to cover the cost of processing said application,
the Zoning Officer shall notify the applicant immediately of such
depletion. Upon receiving such notice, the applicant shall deposit
additional funds as necessary to make the amount in the account not
less than 50% of the initial deposit required by this chapter for
professional services.
C.
Failure to maintain deposit for professional services. If the required
funds for professional services are not deposited in a timely manner,
the Zoning Officer shall notify the Borough agency having jurisdiction
over the application, the applicant and all Borough experts. No further
action shall be taken on the application unless the deposits have
been made by the applicant as required above. In the event that the
time for action by a Borough agency as required by this chapter shall
expire prior to the payment of the required deposits, the reviewing
agency shall have the option of dismissing the application.
D.
Vouchers for payment of professional services. All payments charged
to a deposit required by this section shall be made pursuant to written
monthly vouchers for each application from the professional(s), stating
the hours spent, the hourly rate and the expenses incurred. The office
of the professional(s) shall render a written final accounting to
the applicant on the uses to which the deposit was put.
E.
Procedure for payment of vouchers; appeals of charges. The following
procedure shall apply to the payment of vouchers for professional
services pursuant to this section:
(1)
The office of the professional(s) shall submit a copy of said voucher
to the applicant.
(2)
Within 14 days of the mailing of said vouchers, the applicant may
request, in writing, a hearing on the reasonableness of the charges
contained in said vouchers. Any such hearing shall be held by the
Borough agency with jurisdiction over the application.
(3)
In the event that the applicant requests such hearing, no payments
shall be made pursuant to the disputed voucher(s) until the Borough
agency shall have ruled on the appeal. If the Borough agency finds
in favor of the applicant, payment pursuant to said voucher(s) shall
be adjusted accordingly.
(4)
All vouchers for payment of professional services pursuant to this
section shall be submitted to the Borough agency for whom the services
were performed. The Borough agency shall at a public hearing approve
or deny payment of the vouchers. No voucher shall be denied payment
without giving the professional submitting the voucher an opportunity
to be heard concerning the reasonableness of said voucher.
(5)
If no hearing is requested as outlined above, or if the Borough agency
finds in favor of the professional, payment shall be made pursuant
to the voucher.
(6)
If approved by the Borough agency, the voucher shall be directed
to the Borough Finance Director for reimbursement to the professional
for services rendered.
A.
Before execution of the final subdivision plat, as a condition of
final site plan approval, or as a condition to the granting of a development
approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall
have installed all improvements required by the Planning Board, except
that the Borough Council may require and shall accept in accordance
with the standards adopted herein for the purpose of assuring the
installation and maintenance of on-tract improvements the following:
(1)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation for all
improvements not installed prior to final approval.
(2)
A maximum of 10% of the total guarantee required shall be in cash.
All of the improvements shall be subject to inspection and approval
by the Borough Engineer, who shall be notified by the developer at
least 48 hours prior to the start of the construction. No underground
installations shall be covered until inspected and approved.
B.
Provision for a maintenance guarantee to be posted with the Borough
Council for a period not to exceed two years after final acceptance
of the improvements, in an amount not to exceed 15% of the cost of
the improvement.
C.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Borough
Council by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
installation, as determined as of the time of the passage of the resolution.
D.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may either prior to or
after the receipt of the proceeds thereof complete such improvements.
E.
Incomplete or unsatisfactory improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section a list of all uncompleted or unsatisfactory completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
(2)
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
F.
Reduction in performance guarantee.
(1)
The Borough Council, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Borough Engineer,
or reject any or all of these improvements and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Borough Engineer. This resolution shall be
adopted not later than 45 days after receipt of the list and report
prepared by the Borough Engineer. Upon adoption of the resolution
by the Borough Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved, provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
(2)
In the event that the obligor has made a cash deposit with the Borough
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the case deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
G.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
H.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination or lack
of a determination of the Borough Council or the Borough Engineer.
I.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements; provided that the Borough may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
J.
In the event that final approval is by stages or sections of development pursuant to Subsection A of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
K.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
L.
Building permits in a subdivision or site plan or approved subsection
thereof, except for model buildings in the first subsection, will
be issued only when all improvements, with the exception of the following,
shall have been installed to serve all lots and structures within
the subdivision or site plan or approved subsection thereof and approved
by the Borough Engineer:
M.
Permits for model buildings in the front subsection or 10% of the
total number to be built in said subsection, whichever is less, not
to exceed six, may be issued on commencement of construction of improvements.
N.
Installation of sidewalks and/or walkways on a lot shall be completed
prior to the issuance of a certificate of occupancy for that lot.
O.
Notwithstanding any provision of this chapter to the contrary, upon
completion of all improvements but prior to acceptance by the Borough
Council of such improvements and prior to the release of any performance
guarantee which may have been posted, deeds must be received, free
and clear of all mortgages and encumbrances, for all fee and other
property interests and improvements to be conveyed to the Borough.
P.
A site plan bond shall be posted prior to earth disturbance.
A.
Within 60 days of the adoption of a resolution granting either final
subdivision approval or final site plan approval and prior to the
execution of the final subdivision plat, there shall be an agreement
submitted to the Zoning Officer by the approving board attorney.
B.
The Zoning Officer then distributes copies of the agreement to the
Mayor and Council, board members, board professional experts, developer
and any other agency deemed necessary.
C.
All comments from the individuals listed above shall be submitted
to the approving board attorney prior to the next scheduled board
meeting. After review by the board, the board forwards its comments
to the Mayor and Council.
D.
The agreement shall be executed by the Mayor and Council and then
forwarded to the county to be filed.
A.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a site plan or subdivision,
the applicant shall have installed or made cash payments in the manner
provided for below with respect to the immediate or ultimate installation
of any required off-tract improvement:
(1)
Allocation of costs; criteria in determining allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing,
shall be determined by the Planning Board with the assistance of the
appropriate Borough agencies on the basis of the total cost of the
off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the off-tract
improvements, the estimated time of construction of the off-tract
improvements and the condition and periods of usefulness, which periods
may be based upon the criteria of N.J.S.A. 40A:22-2. The following
criteria may also be considered as well as any other reasonable criteria
which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, streetlights, street
signs and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application and the anticipated
benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use,
considering the percentage relationship between the acreage of the
application and the acreage of the total drainage basin; the use of
a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and the use, condition or status of the
remaining area of the drainage basin.
(2)
Improvements to be constructed at the sole expense of the applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Board may require the applicant, as a condition of approval,
at the applicant's expense, to provide for and construct such improvements
as if such were on-tract improvements in the manner provided hereafter
and as otherwise provided by law.
(3)
Payment of allocated costs. In the event that the improvement required
shall be constructed as a general or a local improvement, the estimated
cost of the off-tract improvement allocated to the applicant shall
be deposited with the municipality in the form of cash. Said deposit
shall be paid by the subdivider to the Borough Treasurer, who shall
provide a suitable depository therefor, and such funds shall be used
only for the off-tract improvements for which they are deposited or
shall be refunded to the subdivider as hereinafter set forth.
(4)
Deposit of funds. All funds paid by an applicant pursuant to this
chapter shall be used only for the improvements for which they are
deposited or improvements serving the same purpose.
(5)
Redetermination of assessment upon completion of improvements. Upon
completion of off-tract improvements required pursuant to this chapter,
the applicant's liability hereunder shall be recalculated in accordance
with the actual as compared with the estimated cost of the improvements.
To the extent that such recalculation shall increase or decrease the
amount of any cash deposit made by the applicant hereunder, the applicant
shall forthwith either pay the amount of such increase to the municipality,
or the municipality shall forthwith refund the amount of such decrease
to the applicant.
B.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this chapter.
C.
Certification. Prior to the final acceptance of any of the required
improvements by the Borough, the subdivision owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.