Township of Cranford, NJ Article II Development Administration

§ 255-2 Planning Board.

A. Establishment. The Planning Board, previously established, is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and shall consist of nine members of the following four classes:

(1) Class I: the Mayor or the Mayor’s designee in the absence of the Mayor.

[Amended 1-15-2019 by Ord. No. 2018-18]

(2) Class II: one of the officials of the Township other than a member of the governing body, to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

(3) Class III: a member of the governing body, to be appointed by it.

(4) Class IV: six citizens of the Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

B. Alternates.

(1) Two alternate members shall be appointed by the Mayor and shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2.

(2) Alternate members shall meet the qualifications of Class IV members.

(3) Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

C. Terms.

(1) The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission.

(2) The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.

(3) The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.

(4) The term of all Class IV members shall be four years.

(5) The term of alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

E. Organization. The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a Township employee, and create and fill such other offices as established by ordinance.

F. Powers and duties. Powers and duties of the Planning Board shall be:

(1) To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To approve or deny applications for development in accordance with the provisions of this chapter.

(3) To approve or deny conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.

(4) To prepare and recommend for adoption an official map pursuant to N.J.S.A. 40:55D-32.

(5) To prepare, when authorized by the governing body, a capital improvements program pursuant to N.J.S.A. 40:55D-29.

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

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

(8) To consider and make a report to the governing body, within 35 days after referral, as to any proposed development regulation submitted to the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-26a and also to pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.

(9) When reviewing applications for development, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70c and 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.

(10) 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, to 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. 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, and 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(11) To consider applications for exceptions from all the provisions of this chapter which pertain to preliminary site plan approval or preliminary or minor subdivision approval, except for those procedures or requirements set forth in Article V, Zoning, and those procedures or requirements set forth in the Municipal Land Use Law. In determining whether to approve such applications, the Planning Board shall consider whether they are reasonable and within the general purpose and intent of this chapter. In addition, the Planning Board shall consider the following in connection with applications seeking exception from site plan review:

(a) Whether the proposed development received previous site plan approval.

(b) Whether the proposed development involves normal maintenance or replacement.

(c) Whether the proposed development affects existing drainage, circulation, landscaping, lighting, signs and other considerations of site plan review.

(12) To grant exceptions from all standards and procedures set forth in this chapter for good and sufficient reason, except as follows:

(a) Any standards or procedures set forth in the Municipal Land Use Law.

(b) Any standards and procedures set forth in Article V of this chapter, except as provided in Subsection F(9) above.

(c) Exceptions to sign, fence and parking requirements not part of any application for site plan or subdivision approval.

(13) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

G. Members of Board of Adjustment to serve on Planning Board when Board lacks quorum due to conflicts of interest. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, 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 therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 255-3 Zoning Board of Adjustment.

A. Establishment.

(1) The Zoning Board of Adjustment, previously established, is hereby continued pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq., and shall consist of seven residents of the Township of Cranford appointed by the governing body to serve for terms of four years from January 1 of the year of their appointment. The governing body shall also appoint two alternate members. Alternate members shall be designated by the Chairperson as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be two years.

(2) No member of the Zoning Board of Adjustment may hold any elective office or position under the Township. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

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

C. Powers and duties. The Zoning Board of Adjustment shall also have the power:

(1) Appeals. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an official based on, or made in the enforcement of, Article V of this chapter.

(2) Interpretation. To hear and decide requests for interpretation of the Zoning Map or Article V of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by this chapter. Such appeals shall be made in accordance with N.J.S.A. 40:55D-72.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Variances. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to grant upon an application or an appeal relating to such property a variance from such strict application, so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a.

(4) Granting of variances. To grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, including but not limited to allowing a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board. No variance or other relief may be granted under the provisions of this subsection unless such variances or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purposes of the Zone Plan and Article V of this chapter. Any application under this subsection may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

(5) Permits for buildings or structures related to a street. To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

(6) Permits for buildings or structures not related to a street. 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.

(7) Subdivision or site plan approval or conditional use approval. 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 through 40:55D-59, inclusive, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection C(4) of this section.

(a) 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 conditional upon granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such 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 Article V of this chapter. 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 the aforesaid Subdivision d of N.J.S.A. 40:55D-70 shall not be required.

(b) Whenever an application for development requests relief pursuant to Subdivision b of N.J.S.A. 40:55D-76, 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 provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. 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, and 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.

(8) Waivers.

(a) To consider as a special question applications for waivers from the provisions of Article IV, Development Requirements and Standards, relating to parking, sign and fence requirements when such applications are not part of an application for site plan or subdivision approval. In determining whether to approve such applications, the Board of Adjustment shall consider the standards set forth in N.J.S.A. 40:55D-70c. In addition, waivers for commercial vehicles or recreation equipment shall be limited to a specific vehicle or item of equipment which shall be appropriately identified by make, model, year and identification and license numbers.

(b) To also consider the following in connection with waiver applications for parking recreation equipment or commercial vehicles in residential zone districts:

[1] Whether acquisition was prior to the adoption of applicable standards.

[2] The impact on drainage, aesthetics, on-street parking and the use of on-site parking facilities by other vehicles.

[3] The efficacy of proposed screening.

[4] The frequency of hours of use.

[5] Alternate storage or parking opportunities.

[6] The ability to use adjoining property for access to the rear yard when the side yards of the property are narrow or obstructed.

[7] Obstruction of sight distance from the subject property or other properties.

[8] Other nonconforming uses of the subject property, if any.

[9] The nonbinding recommendations of the Development Review Committee.

D. Power to reverse or modify decisions. In exercising its power, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the officer from whom the appeal was taken.

E. Temporary permits. Temporary permits may be authorized by the Board of Adjustment after a hearing for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises, including such uses as storage of building supplies and machinery and the assembly of building materials. In addition, the Board of Adjustment, after a hearing, may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision, provided that all of the following requirements are complied with:

(1) The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.

(2) Said house is of substantially similar design as those houses to be sold within the subdivision.

(3) No business other than that accessory to the management and sales of the lands owned by the applicant shall be permitted.

(4) Said dwelling house shall meet all other zoning restrictions of the zone in which it is located.

(5) The temporary certificate of occupancy issued under this subsection shall be for no longer than a one-year period. However, such permit may be renewed by the Board of Adjustment annually after a hearing.

F. Class IV members of Planning Board to serve on Board of Adjustment when Board lacks quorum due to conflicts of interest. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, 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 therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairperson of the Planning Board shall make the choice.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 255-4 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

A. Conflicts of interest. No member of the Boards shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter and shall not participate in any discussion or decision relating thereto.

B. Compensation. All members of the Boards shall serve without compensation.

C. Attorneys. There are hereby created the offices of Attorney for the Planning Board and Attorney for the Zoning Board of Adjustment. Each Board may annually appoint and fix the compensation for its Attorney. Such compensation shall be within the appropriation made by the governing body, subject to assessment against individual applications as set forth in § 255-7. Neither Attorney shall be the Township Attorney.

[Amended 7-9-2019 by Ord. No. 2019-07]

D. Experts and staff. Each Board may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

E. Rules and regulations. The Boards shall adopt such rules, regulations and bylaws as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.

F. Meetings.

(1) Meetings of each Board shall be scheduled at least once a month, unless canceled for lack of applications.

(2) Special meetings may be provided for at the call of the Chairperson or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

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

(4) All actions shall be taken by majority vote of all members present except as otherwise required by any provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

(5) 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 (N.J.S.A. 10:4-6 et seq.).

(6) A member of the Planning Board or Zoning Board of Adjustment who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

G. Minutes.

(1) Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons represented by counsel, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the Planning and Zoning Office. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes.

(2) At least once each year, the 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.

H. Hearings.

(1) Rules. The Boards shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or of this chapter.

(2) Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.

(3) Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

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

(5) Maps and documents. 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 Boards. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

I. Notice requirements for hearing.

(1) Public notice. Public notice of a hearing shall be given in the following cases:

(a) Application for preliminary approval of a major subdivision.

(b) Application which requires a variance, whether before the Planning Board or the Zoning Board of Adjustment.

(c) Application for major site plan approval.

(d) Application for exception or waiver for signs, fences or number of parking spaces.

(e) Variances in the floodplain as permitted in Chapter 225, Flood Damage Prevention, § 225-15, of this Code.

(f) Application for any nonresidential site plan where abutting a residential zone.

(2) Public notice procedures.

(a) Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing. Such notice shall be arranged by and paid for by the applicant prior to the issuance of the permit.

(b) Service of notices.

[1] Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the perimeter 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 agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate.

[2] 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.

(3) Other notices required.

(a) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection I(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

(b) Notice shall be given by personal service or certified mail to the County Planning Board of hearings on applications for development of property adjacent to an existing or proposed road shown on the Official Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

(c) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

(d) Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10b.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(e) Notice of a hearing on a master plan, capital improvements program or official map shall be given in accordance with N.J.S.A. 40:55D-13 and 40:55D-15, respectively.

(f) Notice pursuant to Subsection I(3)(a), (b), (c) and (d) of this section shall not be required unless public notice pursuant to Subsection I(1) or (2) of this section is required.

(4) Time for service. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing.

(5) Method of service. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

(6) Form of notice. All required notices shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Tax Assessor's office. The notice shall indicate the location and times at which any maps and documents for which approval is sought may be reviewed by the public. If the application for development includes consideration of a conditional use, the hearing notice shall include reference to the conditional use.

(7) List of property owners furnished. Pursuant to the provision of N.J.S.A. 40:55D-12c, the Tax Assessor, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name, whichever is more, shall make and certify a list from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice pursuant to Subsection I(2)(b) of this section. The applicant shall also supply to the Tax Assessor at the time of request a map showing all properties and current Tax Map information for the subject property and all properties within 200 feet of the perimeter of the subject property. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

(8) Material to be filed with Board. The applicant shall file an affidavit of proof of service, form of notice, list of property owners served and map specified in Subsection I(7) above and affidavit of publication specified in Subsection I(2) above with the Board at least four days prior to the hearing date.

J. Decisions.

(1) Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

(2) The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above. The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

(3) A copy of the decision shall be mailed by the Secretary of the Board within 10 days of the date of decision or resolution of memorialization to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.

(4) A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision or date of resolution of memorialization.

K. Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by a certificate from the Municipal Tax Collector that all current taxes are paid to date and that there are no assessments for local improvements which are due or delinquent on the property which is the subject of such application. No application for development shall be deemed complete for hearing by the appropriate Board absent the certificate of proof of payment of taxes unless this provision is waived by the Planning Board or Zoning Board of Adjustment.

L. Conditional approval.

(1) In the event that a developer 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 a 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 Township regulations, the Planning Board or Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.

(2) 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 article shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

(3) 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 Board is prevented or relieved from so acting by the operation of law.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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

N. Time limit on variances. All construction pursuant to a variance, exception or waiver granted in connection with the approval of a site plan or subdivision shall be commenced within the statutory time limit for said site plan or subdivision or any extension thereof. A variance, exception or waiver which is not part of a site plan or subdivision shall be implemented within two years of the date of approval. Any variance, exception or waiver not implemented as set forth herein shall be void.

§ 255-5 Fees.

A. Fees for applications or for the rendering of any service by the Boards or any member of their administrative staffs shall be as follows:

(1) Development review. The cost of the Development Review Committee (DRC) has been accounted for in all proposed escrows. Fees for applications or for the rendering of any service by the Boards or any member of their administrative staffs shall be as follows:

[Amended 10-24-2017 by Ord. No. 2017-12; 8-9-2022 by Ord. No. 2022-16]

(a) Major subdivision:

[1] Application fee for residential and nonresidential applications:

[a] Preliminary: $1,000 plus $100 per lot if over three lots.

[b] Final without "C" variance(s): $1,000 plus $100 per lot if over three lots.

[c] Final with "C" variance(s): $1,500 plus $100 per lot if over three lots.

[2] Minimum escrow for residential and nonresidential applications:

[a] Preliminary: $4,000 plus $1,000 per lot if over three lots.

[b] Final without "C" variance(s): $4,000.

[c] Final with "C" variance(s): $8,000.

(b) Minor subdivision:

[1] Application fee:

[a] $5,000 for residential and nonresidential applications without "C" variance(s).

[b] $1,000 for residential and nonresidential applications with "C" variance(s).

[2] Minimum escrow for residential applications:

[a] Without "C" variance(s): $1,000 per lot.

[b] With "C" variance(s): $3,000 per lot.

[3] Minimum escrow for nonresidential applications:

[a] Without "C" variance(s): $2,000 per lot.

[b] With "C" variance(s): $4,000 per lot.

(c) Major site plan/conditional use:

[1] Application fee:

[a] Preliminary for residential and nonresidential applications without "C" variance(s):

[i] $700 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $1,400 if over 0.25 acres or over 5,000 gross square feet of building.

[b] Preliminary for residential and nonresidential applications with "C" variance(s):

[i] $1,200 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $1,900 if over 0.25 acres or over 5,000 gross square feet of building.

[c] Final for residential and nonresidential applications without "C" variance(s):

[i] $700 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $1,400 if over 0.25 acres or over 5,000 gross square feet of building.

[d] Final for residential and nonresidential applications with "C" variance(s):

[i] $1,200 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $1,900 if over 0.25 acres or over 5,000 gross square feet of building.

[2] Minimum escrow:

[a] Preliminary for residential and nonresidential applications without "C" variance(s):

[i] $3,500 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $7,500 if over 0.25 acres or over 5,000 gross square feet of building.

[b] Preliminary for residential and nonresidential applications with "C" variance(s):

[i] $7,500 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $11,500 if over 0.25 acres or over 5,000 gross square feet of building.

[c] Final for residential and nonresidential applications without "C" variance(s):

[i] $3,500 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $7,500 if over 0.25 acres or over 5,000 gross square feet of building.

[d] Final for residential and nonresidential applications with "C" variance(s):

[i] $7,500 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $11,500 if over 0.25 acres or over 5,000 gross square feet of building.

(d) Minor site plan:

[1] Application fee:

[a] $500 for residential and nonresidential applications without "C" variance(s).

[b] $1,000 for residential and nonresidential applications with "C" variance(s).

[2] Minimum escrow:

[a] Residential and nonresidential applications without "C" variance(s):

[i] $5,000 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $10,000 if over 0.25 acres or over 5,000 gross square feet of building.

[b] Residential and nonresidential applications with "C" variance(s):

[i] $7,000 if under 0.25 acres or under 5,000 gross square feet of building.

[ii] $12,000 if over 0.25 acres or over 5,000 gross square feet of building.

(e) Site plan exempt (one- and two-family) with "C" variance(s):

[1] Application fee:

[a] $500 for all applications.

[2] Minimum escrow:

[a] $3,000 for all applications.

(f) "D" variance:

[1] Application fee:

[a] One- and two-family applications: $500 per "D" variance.

[b] All other applications: $1,000 per "D" variance.

[2] Minimum escrow:

[a] One- and two-family applications: $3,000.

[b] All other applications: $4,500.

(g) Pre-application sketch plan review (formerly "informal review"):

[1] Single- and two-family residential and minor subdivision: $500.

[2] Mixed use or nonresidential on less than either 0.25 acres or 5,000 gross square footage: $1,000.

[3] Mixed use or nonresidential on less than either 0.25 acres or 15,000 gross square footage: $1,750.

[4] All other: $3,500.

(h) Zoning permit fees:

[1] Residential applications: $75.

[2] Commercial applications: $100.

[3] Certificate of compliance: $100.

(i) Waiver:

	Application		Application Fee	Escrow Deposit
	Fence (residential)		$160	$250
	Fence (nonresidential)		$265	$750
	Sign (residential)		$265	$250
	Sign (nonresidential)		$420	$500
	Site plan approval (residential)		$110 plus $10 per unit
	Site plan approval (nonresidential)		$262.50 plus $50 per 1,000 square feet of gross floor area of all principal buildings on the subject lot or lots
	Parking (one- and two-family residential)		$160	$500
	Parking (other residential)		$370	$500
	Parking (nonresidential)		$370	$750
	Design and any other waivers		$100 each	$200 each

(j) Meetings:

	Application		Application Fee	Escrow Deposit
	Special		$1,500 per special meeting
	Additional		$420 per hearing when testimony extends more than 2 meetings	$0

(k) Copy of Master Plan: $70 application fee.

(l) Certificate of nonconformity: $265 application fee; $250 escrow deposit.

(m) Copy of Land Development Ordinance with map: $30 application fee.

(n) Rezoning: $1,500 application fee; $2,000 escrow deposit.

B. All fees shall be paid as follows:

(1) Fees shall be paid at the time of application.

(2) In the event that the application is for more than one category of relief or action, the fee shall consist of the total of the normal fees for each category or action.

(3) Additional fees. Applicants shall be required to pay any extraordinary costs relating to subdivision, site plan or conditional use review and/or approval. Applicants shall be required to pay all inspection fees for professionals with respect to the installation of improvements. All such fees and charges shall be based upon a schedule established by resolution of the Township Committee.

(4) Transcribing fees. The Boards may require the taking of testimony stenographically and have the same transcribed, the cost of which shall be borne and paid for by the appellant or applicant. The Boards may require such deposit to be made for such purposes as shall be reasonable in the circumstances.

(5) Escrow account.

(a) The escrow account is established to provide payment for the technical and professional costs of the review of applications and the review and preparation of documents and is based on the fee schedule of this section. Reviewing applications shall include, but shall not be limited to, all time spent at meetings by the professional staff.

(b) All deposits for technical and professional review and inspection fees shall be kept in an escrow account for that purpose by the Township. This account shall be managed by the Chief Financial Officer of the Township, in accordance with the terms of this section.

(c) Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for professional services employed by the Township or the approving Board to review applications for development, municipal inspection fees in accordance with this chapter or to satisfy the guaranty requirements of this chapter, the money, until repaid or applied to the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided by law, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality 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, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 1/3 of the entire amount, which shall be in lieu of all other administrative and custodial expenses.

§ 255-6 Affordable housing development fees.

[Added 10-24-2017 by Ord. No. 2017-12[1]; amended 9-8-2020 by Ord. No. 2020-11]

A. Purpose.

(1) In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

(2) Pursuant to P.L. 2008, c. 46 section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

(3) In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount Laurel IV decision, the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 1, 2025, are under the Court's jurisdiction and are subject to approval by the Court.

(4) This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.

B. Basic requirements.

(1) This section shall not be effective until the Superior Court approves the Township's development fee ordinance in accordance with N.J.A.C. 5:93-8.

(2) The Township of Cranford shall not spend development fees until the Superior Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-8.

C. Definitions. The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state. Pursuant to the opinion and order of the New Jersey Supreme Court dated March 10, 2015, in the matter of "In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing (M-392-14) 067126," any reference to COAH or the Council shall be understood to refer to the Superior Court of New Jersey, Law Division, Union County.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

D. Residential development fees.

(1) Imposed fees.

(a) Within all zoning districts, residential developers, the developers of all new development of principal and accessory residential buildings, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.

(b) When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

(2) Eligible exactions, ineligible exactions, and exemptions for residential development.

(a) Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

(b) Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

(c) Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

(d) Development fees shall be imposed and collected when an existing structure is expanded, renovated in any way, or is demolished and replaced, if the expansion results in an increase in the number of dwelling units on the property in question.

E. Nonresidential development fees.

(1) Imposed fees.

(a) Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

(b) Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

(c) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

(2) Eligible exactions, ineligible exactions, and exemptions for nonresidential development.

(a) The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.

(b) The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

(c) Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

(d) A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

(e) If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Cranford as a lien against the real property of the owner.

F. Collection procedures.

(1) Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

(2) For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer in accordance with the instructions in Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments in keeping with the instructions in Form N-RDF.

(3) The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.

(4) Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

(5) The construction official responsible for the issuance of a final certificate of occupancy shall notify the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

(6) Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

(7) Should the Township of Cranford fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

(8) Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

(9) Appeal of development fees.

(a) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township of Cranford. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

(b) A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township of Cranford Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

G. Affordable Housing Trust Fund.

(1) There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

(2) The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

(a) Payments in lieu of on-site construction of affordable units;

(b) Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

(c) Rental income from municipally operated units;

(d) Repayments from affordable housing program loans;

(e) Recapture funds;

(f) Proceeds from the sale of affordable units; and

(g) Any other funds collected in connection with the Township of Cranford's affordable housing program.

(3) In the event of a failure by the Township of Cranford to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Cranford, or, if not practicable, then within the County or the Housing Region.

(4) Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.

(5) All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court.

H. Use of funds.

(1) The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the housing trust fund may be used for any activity approved by the Court to address the Township of Cranford's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8 and specified in the approved spending plan.

(2) Funds shall not be expended to reimburse the Township of Cranford for past housing activities.

(3) At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

(a) Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.

(b) Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

(c) Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

(4) The Township of Cranford may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:94-7.

(5) No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with monitoring requirements for the affordable housing in compliance with the Housing Element and Fair Share Plan. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

I. Monitoring.

(1) On an annual basis commencing with the first anniversary of the entry of the order granting a final judgment of compliance and repose, the Township of Cranford shall provide annual reporting of trust fund activity to the New Jersey Department of Community Affairs (DCA), COAH, or Local Government Services (LGS), or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the DCA, COAH, or LGS. This reporting shall include an accounting of all housing trust fund activity, including the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the court.

J. Ongoing collection of fees.

(1) The ability for the Township of Cranford to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Cranford has filed an adopted Housing Element and Fair Share Plan with the court or other appropriate jurisdiction, has filed a Declaratory Judgment action and has received court approval of its development fee ordinance. If the Township of Cranford fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township of Cranford shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance and repose, nor shall the Township of Cranford retroactively impose a development fee on such a development. The Township of Cranford shall not expend development fees after the expiration of its Judgment of Compliance and Repose.

[1] Editor's Note: This section was originally adopted 12-10-2013 by Ord. No. 2013-23.

§ 255-7 Professional fees.

[Amended 7-9-2019 by Ord. No. 2019-07]

A. As used in this section, the following definitions shall apply:

IN-HOUSE PROFESSIONALS

Engineers, planners, attorneys, traffic officers and other professionals whose salary, staff support and overhead are provided by the Township of Cranford.

OUTSIDE PROFESSIONALS

Engineers, planners, attorneys, traffic consultants and other professionals whose salary, staff support and overhead are not provided by the Township of Cranford. Outside professionals shall include, without limitation, consultants who are not normally utilized by the Township 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 Township and whom the Township or reviewing board may from time to time reasonably and within its sole discretion determine are necessary for a proper review of the application.

PROFESSIONAL SERVICES

Time spent by a professional engineer, professional planner, attorney, traffic consultant or other professionals 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, attendance at meetings, 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.

B. Prospective developers shall bear the cost of all fees for professional services in connection with land development matters under consideration by the Planning Board, Zoning Board of Adjustment or the Township Committee.

(1) Said land development matters shall include but not be limited to applications for development, appeals, interpretations, application approvals, amendments to this chapter and amendments to the Master Plan.

(2) All fees and deposits shall be paid at the time of application. In the event that any escrow deposit shall be depleted, the Zoning Officer shall determine the additional deposit required and shall notify the applicant. No application shall be heard or otherwise processed until and unless all fees and deposits have been paid.

C. Fees for professional services shall be:

(1) For professional services rendered by outside professionals to the Township and/or the reviewing board in connection with an application, all charges for services by each outside professional billed at the same rate as all other work of the same nature performed by such professionals for the Township when fees are not reimbursed or otherwise imposed on an applicant, plus all actual out-of-pocket disbursements incurred in regard to such services. Charges for professional services of outside professionals shall be based upon a schedule of fees established by resolution, which may include a contract authorized by resolution. Such schedules shall be subject to annual review by the Township Committee.

(2) For professional services rendered by in-house professionals to the Township and/or the reviewing board in connection with an application shall be billed 200% of the hourly base salary multiplied by the total number of hours of professional services spent by each in-house professional in connection with the application. The hourly base salary of each in-house professional shall be established by ordinance annually.

D. 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 research or consultation with a state agency is necessary due to the effect of a state approval on the applicant's application.

E. At the time of filing any application, each applicant shall make a deposit for professional fees in accordance with the schedule contained in § 255-5. The applicant shall pay the deposit required for each approval which is requested or deemed necessary to cover the cost of professional services.

F. Payments.

(1) The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or approving board for review for applications for development, review and preparation of documents, inspection of improvements or other purposes under this chapter. Such fees or charges are to be based upon the ordinances herein.

(2) Each payment charged to a deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and, for each date the service is performed, the hours spent in 1/4 of an hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer on a monthly basis, in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an information copy of all vouchers or statements submitted to the Chief Financial Officer simultaneously to the applicant. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of the funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if the monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the Township or approving board to perform required application reviews or improvements inspections, the Chief Financial Officer shall provide the applicant with a written notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within 10 days, post a deposit to the account in an amount to be agreed upon by the Township or the approving board and the applicant. With regard to review fees, if the applicant fails to make said deposit within the time prescribed herein, the approving board shall be authorized to dismiss the application without prejudice, subject to the right of the applicant to seek reinstatement of said application by written notice to the Chief Financial Officer that the deposits have been posted. The application will be reinstated upon written notification by the Chief Financial Officer to the approving board that said deposits are, in fact, posted. In the interim, the required health and safety inspections shall be made and charged back against the replenishment of funds. With regard to inspection fees, the Township Engineer shall not perform any inspection if sufficient funds to pay for the inspections are not on deposit. Failure to post or maintain balances in accordance with the requirements of these sections will subject the developer to a stop-work order and/or suspension of construction permits.

(3) The applicant and Chief Financial Officer shall follow the following close-out procedures for all deposits and escrow accounts established herein. Said procedures shall commence after the approving authority has granted final approval of the development application, including completion of all conditions of said approval, and/or has signed the appropriate subdivision map or deed or after all of the improvements have been approved. The applicant shall send written notice, by certified mail, to the Chief Financial Officer and the approving board and to the relevant municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit has been put within 45 days of the receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the applicant along with the final accounting.

(4) All professional charges for review of the application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction review. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

(5) If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the municipality or approving board shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving board shall not bill the applicant or charge the deposit or the escrow for any such services.

G. Dispute of charges; appeals; rules and regulations. All disputes relating to charges and appeals thereof shall be in accordance with N.J.S.A. 40:55D-53.2a.

§ 255-8 (Reserved) [1]

[1] Editor's Note: Original § 136-4.3, Hourly base salary for in-house professionals, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 255-7C(2).

§ 255-9 Development Coordinator.

The Development Coordinator shall be the Construction Official unless another person is appointed by the governing body. The Development Coordinator shall officially receive all applications for development except those that do not require approval by the Construction Code Office. The Development Coordinator shall serve as the director of all prior approvals.

§ 255-10 Development Review Committee.

A. A Development Review Committee shall be established to review all applications for development or requests for review presented to the Planning Board or the Board of Adjustment. The Development Review Committee shall be chaired by the Development Coordinator and shall include the Township Engineer, Construction Official, Zoning Officer and, in addition, any other municipal, county or state official as appointed by the Development Coordinator whose particular expertise may be required on a specific application. The Development Review Committee shall have the following responsibilities:

(1) To determine compliance with the technical standards set forth in Article IV and other provisions of this chapter.

(2) To make recommendations on the design and technical elements of any application.

B. The Development Review Committee shall make known its findings prior to the meeting when the application is to be considered.

§ 255-11 Zoning Officer.

The Zoning Officer shall be the Construction Official unless another person is appointed by the governing body. The Zoning Officer shall review all applications for development to ensure they meet the requirements of this chapter, except for those sections where another official is specifically given enforcement or administrative responsibilities. The Zoning Officer shall in no case, except upon a written order of the Boards or the governing body, approve the issuance by the Construction Official of any permit or certificate for the erection or structural alteration or occupancy of any building or land where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter. It shall be the duty of the Zoning Officer to investigate any violations of this chapter coming to his attention, whether by complaint or arising from his own observation. Whenever a violation is found to exist, the Zoning Officer shall take appropriate action to enforce the provisions of this chapter, including, without limitation, notification of the owner, prosecution in Municipal Court or other enforcement proceeding.

§ 255-12 Township Engineer. [1]

The Township Engineer shall be responsible for the following provisions of this chapter:

A. Review of all engineering plans accompanying applications for development.

B. Inspection of improvements constructed or installed as part of any application for development other than those which are the responsibility of the Construction Official.

C. Certification before acceptance that all such improvements meet applicable Township codes and ordinances.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 255-13 Township Committee.

The Township Committee shall be responsible for the following provisions of this chapter:

A. To adopt a capital improvements program in accordance with N.J.S.A. 40:55D-29.

B. Refer to the Planning Board, prior to adoption, any proposed development regulation, revision or amendment thereto in accordance with N.J.S.A. 40:55D-26.

§ 255-14 Certificates of subdivision approval or exempt subdivisions.

Certificates of subdivision approval or exempt subdivisions shall be issued by the Township Engineer in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law. A fee of $10 shall be charged for each certificate of approval.

§ 255-15 Certificate of compliance; zoning permit.

A. Certificate of compliance.

(1) No premises shall be occupied or used in whole or in part for any purpose whatsoever subsequent to any sale or conveyance, or upon any change of use, or for any use which is not a permitted use in the zone, until and unless a certificate of compliance shall have been applied for and issued. The application fee shall be $70. No certificate of compliance shall be issued until the premises has been inspected and compliance has been certified as follows:

(a) That the use of the premises is in compliance with Article V, Zoning. If the proposed use is a lawful nonconforming use or if a variance or conditional use approval shall have been granted, the same shall be so stated in the certificate.

(b) That smoke alarms shall have been installed, where required, in accordance with N.J.S.A. 52:27D-198.1 et seq., or other applicable law.

(c) That carbon monoxide sensor devices have been installed, where required, in accordance with N.J.S.A. 52:27D-133.3.

(d) That stormwater is not discharged into the sanitary sewer system.

(e) That no outstanding construction permits under the Uniform Construction Code exist with respect to the property.[1] If any such outstanding construction permits exist, then the certificate of compliance shall be designated as conditional, and the outstanding permits shall be listed in the certificate.

[1] Editor's Note: See Ch. 186, Construction Codes, Uniform.

(2) The approvals listed above shall be given as to Subsection A(1)(a) by the Zoning Officer and as to Subsection A(1)(b), (c) and (d) by the Construction Official or a subcode official.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Zoning permits.

(1) Issuance and regulations. Zoning permits shall be issued by the Zoning Officer and shall be subject to the following regulations:

(a) In no case shall a construction permit be issued for the erection or structural alteration of any building or structure, nor shall a certificate of occupancy be issued for any structure or use, unless a zoning permit has been issued.

(b) No zoning permit shall be issued for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building unless the Zoning Officer finds that the plans and intended use conform in all respects to the provisions of this chapter.

(c) Whenever a construction permit is issued, a copy of the zoning permit authorizing the issuance of the construction permit shall be attached thereto for delivery to the person receiving the construction permit.

(d) Revocation of permit.

[1] The Zoning Officer may revoke any zoning permit if he finds that actual conditions or construction does not adhere to the plans, specifications, terms, conditions or approvals upon which the construction permit was issued or if he finds any violation of any applicable municipal or state regulation.

[2] The Zoning Officer shall give notice of the revocation of a zoning permit by delivering a written notice thereof to the owner and person engaged in the performance of work on the subject property. A copy of such written notice shall also be delivered to the Construction Official and Building Subcode Official.

[3] Once notice of the revocation of a zoning permit has been given by the Zoning Officer as herein provided, no person shall perform any work upon the subject property, except such work as is necessary to correct any deviation or violation giving rise to the revocation of the zoning permit, until such permit shall have been reinstated by the Zoning Officer when he is satisfied that any deviation or violation has been corrected.

(e) No zoning permit shall be issued unless the Zoning Officer finds that the subject property conforms to the provisions of this chapter and any terms, conditions and approvals upon which the construction permit was issued. No zoning permit shall be issued if the Zoning Officer is aware of any violation of any municipal or state regulation on the subject property.

(f) Copies of all zoning permits shall be kept on file in the office of the Zoning Officer.

(2) Fees. The required fee for an application for a zoning permit shall be $50 for all permits, other than those for single-family and two-family residences, and $25 for permits for single-family and two-family residences.

§ 255-16 Violations and penalties.

A. Subdivision.

(1) General. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

(2) Specific relief.

(a) In addition to the foregoing, the Township may institute and maintain a civil action:

[1] For injunctive relief.

[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 of the Municipal Land Use Law.

(b) 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, as set forth in N.J.S.A. 40:55D-55.

B. Conditions of approval. It shall be the responsibility of the owner and the occupant of real property to maintain and enforce all conditions required by the Boards in granting approval of an application for development as set forth in the resolution of approval, minutes of the Boards or on the site plan or subdivision plat submitted as part of the application. Where the owner or occupant is an entity other than an individual, each officer of a corporation, each managing member of a limited liability company or similar entity, and each general partner of a partnership, limited liability partnership, limited partnership or similar entity shall also be responsible. Failure on the part of any responsible person or entity to so maintain and enforce such conditions shall be considered a violation of this chapter and shall be punishable as such.

C. Other violations. Unless otherwise specifically provided herein, any violation of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, of this Code. Each day that the violation shall continue after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).