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]
(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:
(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]
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)
(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]
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.
(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]
(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.
(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]
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.
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]
(c)
(g)
Pre-application sketch plan review (formerly "informal review"):
(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.
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.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
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.
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.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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).
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.
[Amended 7-9-2019 by Ord. No. 2019-07]
A.
IN-HOUSE PROFESSIONALS
OUTSIDE PROFESSIONALS
PROFESSIONAL SERVICES
As used in this section, the following definitions shall apply:
Engineers, planners, attorneys, traffic officers and other
professionals whose salary, staff support and overhead are provided
by the Township of Cranford.
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.
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.
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.
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:
B.
The Development Review Committee shall make known its findings prior
to the meeting when the application is to be considered.
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.
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.
The Township Committee shall be responsible for the following
provisions of this chapter:
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.
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.
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.
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:
(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]
