[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as Ch. XV of the 1980 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Fairfield
Township Development Procedures Ordinance."
A.
Establishment. There is hereby established pursuant to N.J.S.A. 40:55D-1
et seq. in the Township a Planning Board of nine members. Appointment
and terms of the members of the Board shall be in accordance with
the statute. Pursuant to N.J.S.A. 40:55D-23.1, two alternate members
shall be appointed to the Planning Board in accordance with the statute.
B.
Organization of Board. The Planning Board shall elect a Chairperson
and Vice Chairperson from its citizen members of the Board and select
a secretary.
C.
Experts and staff. The Planning Board may employ or contract for
and fix the compensation of a Planning Board Attorney, other than
the Township Attorney; other experts; staff personnel; and other services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for its use.
D.
Powers and duties generally. The Planning Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the powers and duties enumerated in the aforesaid statute as well
as those other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies or officers.
E.
Development applications and time constraints.
(1)
Application procedure.
(a)
Any applicant for subdivision or site plan review and approval shall obtain all necessary forms from the secretary of the Planning Board. Except as otherwise provided in § 27-3F, a developer seeking minor subdivision, major subdivision or site plan review and approval shall submit 18 copies of all plans, together with a completed application form, to the Planning Board at least 10 days prior to a regularly scheduled Planning Board meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
The Planning Board, at its next regularly scheduled meeting,
shall determine that the application is complete and properly submitted
as of that date or that the application is incomplete, in which case
the developer shall be advised within 45 days of his initial submission
as to the additional materials required. An amended application, together
with any required revised site plan or major subdivision plat, shall
be submitted in the same manner as the original application.
(2)
Initial approvals.
(a)
Application for minor subdivisions and site plans for conventional
development of 10 acres or less shall not be subject to public hearing.
Final approval in the case of minor subdivisions and preliminary approval
in the case of site plans of 10 acres or less shall be granted or
denied within 45 days from the date an application is determined to
be complete or within such further time as may be consented to by
the applicant. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval, unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law[2] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Clerk and the Township Tax
Assessor. Copies filed with the Tax Assessor must show proof of filing
with the County Clerk.
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(b)
Preliminary applications for major subdivisions, site plans
for conventional developments of more than 10 acres or any planned
development shall be subject to public hearing after notice properly
given by the applicant as provided by N.J.S.A. 40:55D-12 and preliminary
approval shall be granted or denied within 95 days from the date an
application is determined to be complete or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval of the subdivision
plat or site plan and a certificate of the secretary as to the failure
of the Planning Board to act shall be issued on request of the applicant.
In the event preliminary approval of a subdivision or site plan is
denied because of failure to comply with Township development regulations,
a notation to that effect, together with the signature of the secretary
of the Planning Board, shall be placed on the plat and reasons for
the denial shall be stated in the denial resolution.
(3)
Preliminary approval of a major subdivision or site plan shall be
granted by resolution which shall set forth any conditions that must
be met, including required performance guarantees, and plat changes
that must be made precedent to final action. A notation indicating
preliminary approval shall be placed on each plat, clearly stating
that preliminary approval does not authorize recording in the case
of a subdivision nor the issuance of a building permit in the case
of a site plan. Preliminary approval of a subdivision plat or site
plan shall confer upon the developer all rights set forth in N.J.S.A.
40:55D-49.
(4)
Final approval of site plans and major subdivisions.
(a)
Except as otherwise provided in § 27-3F, a developer seeking final approval of a major subdivision or site plan shall submit eight paper prints of the final plan, together with originals and processed tracings as required by the Map Filing Law[3] in the case of subdivisions, along with a completed application
form, to the Planning Board secretary at least 10 days prior to the
regularly scheduled Planning Board meeting.
[3]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(b)
The Planning Board, at its next regular meeting, shall determine
that the application is complete and properly submitted as of that
date or that the application is incomplete or in error, in which case
the developer shall be advised within 45 days of his initial submission
for final approval as to the additional material or corrections required.
An amended application, together with any required revised plans,
shall be submitted in the same manner as the original application.
(c)
Final approval of a major subdivision or site plan shall be
granted only after all requirements and conditions imposed at the
time of preliminary approval have been complied with.
(d)
An application for final approval shall be granted or denied
within 45 days from the date it is determined to be complete or within
such further time as may be consented to by the applicant. Otherwise,
the Planning Board shall be deemed to have granted final approval
and a certificate of the Planning Board secretary as to the failure
of the Planning Board to act shall be issued on request of the applicant.
(e)
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless, within such period, the plat
shall have been duly filed by the developer with the County Clerk.
The Planning Board, for good cause shown, may extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
(f)
Final approval of a major subdivision or site plan shall confer
upon the developer all rights set forth in N.J.S.A. 40:55D-52.
(5)
Ancillary powers. Whenever the Planning Board is called upon to exercise ancillary powers before the granting of a variance, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application as provided in § 27-2E(2)(b) 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 secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Rules and regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
[1]
Editor's Note: The Planning Board has been replaced by the
Planning and Zoning Board.
A.
Establishment; composition. There is hereby established a Zoning
Board of Adjustment pursuant to N.J.S.A. 40:55D-69, consisting of
seven members and two alternate members. Appointments and terms of
the members of the Board shall be in accordance with the aforesaid
statute.
B.
Officers. The Board of Adjustment shall elect a Chairperson and a
Vice Chairperson from its members and shall also select a secretary.
C.
Experts and staff. The Zoning Board of Adjustment may employ or contract
for and fix the compensation of a Board of Adjustment Attorney, other
than the Township Attorney, and other experts and may authorize expenditures
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
D.
Rules and regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
E.
Powers granted by law. The Board of Adjustment shall have such powers
as are granted and enumerated in the aforesaid statute.
F.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department, board or bureau of the Municipality
affected by any decision of the Zoning Officer. Each appeal shall
be taken within the twenty-day period prescribed by the statute by
filing a notice of appeal with the officer from whom the appeal was
taken, together with three copies of the notice, with the secretary
of the Board of Adjustment. The notice of appeal shall specify the
grounds for the appeal. The Zoning Officer shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to the Zoning Officer shall
be filed with the secretary of the Zoning Board of Adjustment. Three
copies of the application shall be filed. At the time of filing the
appeal or application but in no event less than 10 days prior to the
date set for the hearing the applicant shall also file all plot plans,
maps or other papers required by virtue of any provision of this chapter
or any rule of the Board of Adjustment. The applicant shall obtain
all necessary forms from the secretary of the Zoning Board of Adjustment.
(3)
An appeal stays all proceedings in the furtherance of the action
in respect of which the decision appealed from was made unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him that, by
reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by an order of the Superior Court
of New Jersey and upon notice to the officer from whom the appeal
is taken and on due cause shown.
G.
Power to reverse or modify decisions. In exercising the above mentioned
power, the Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes
applying, reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination appealed from and make such
other requirement, decision or determination as ought to be made and
to that end have all the powers of the Zoning Officer from whom the
appeal was taken.
H.
Additional powers.
(1)
The Zoning Board of Adjustment shall, in addition to the powers specified in § 27-3E, have power given by law to:
(a)
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.
(b)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
(2)
The Board of Adjustment shall have the power 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 to
40:55D-59 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.
[1]
Editor's Note: The Zoning Board of Adjustment has been replaced
by the Planning and Zoning Board.
A.
Compliance with state statutes. All provisions of N.J.S.A. 40:55D-1
et seq. relating to meetings, minutes, fees, hearings, notice requirements
for hearings, furnishing of lists of property owners and decisions
shall be complied with by the Planning and Zoning Board subject to
the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Fees. Fees for applications or for the rendering of any service by
the Planning and Zoning Board or any member of its administrative
staff which are not otherwise provided by ordinance may be provided
for and adopted as part of the rules of the Board and copies of the
rules or of the separate fee schedule shall be available to the public.
C.
Referral of applications to the Environmental Commission. All applications
made to the Planning and Zoning Board shall by the Board's Secretary
be immediately forwarded to the Chairperson of the Fairfield Township
Environmental Commission so that said Commission may review said application
and make informal, nonbinding, advisory recommendations in regard
to the application as to environmental concerns.
An appeal from any decision of the Planning and Zoning Board
granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-70d
may be taken to the Township Committee provided such appeal shall
be made within 10 days of the date of publication of such final decision
of the Planning and Zoning Board.
A.
Definitions established. The definitions provided herein are applicable to all Township of Fairfield development regulations enacted pursuant to N.J.S.A. 40:55D-1 et seq. In addition thereto all definitions set forth in N.J.S.A. 40:55D-3, 40:55D-4, 40:55D-5, 40:55D-6 and 40:55D-7 are hereby adopted as definitions for the purposes of implementing the Township development regulations. Unless a different definition is provided by statute, definitions provided in Chapter 400, Subdivision of Land and Site Plan Review, and Chapter 450, Zoning, of the Township Code shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Intent.
(1)
For purposes of this chapter, the word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual. The present tense includes the future, the
singular number includes the plural and the plural includes the singular.
The words "shall" is mandatory. The word "may" is permissive. The
word "used" or "occupied" includes the words "intended, designed or
arranged to be used or occupied."
(2)
The term "such as" shall be considered as introducing a typical or
illustrative designation of items and shall not be interpreted as
constituting a complete list.
(3)
Words not herein defined shall have the meaning given in Webster's
Unabridged Dictionary. Unless otherwise stated in context, words and
phrases set forth in the following sections shall have the meaning
therein given.
[Amended by Ord. No. 458-99]
A.
Applications, permits, appeals.
(1)
Planning and Zoning Board applications for variances other than D
variances: $75.
(2)
D variances: $200.
(3)
Zoning permit: $25.
(4)
Two-hundred-foot owner's list: $0.25 per name or $10, whichever is
greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Conditional use application: $100.
(6)
Minor subdivision application: $50 plus $25 for each lot.
(7)
Major subdivision application: $100 plus $40 for each lot.
(8)
Minor site plan: $100.
(9)
Major site plan: $250 plus $40 per acre of site.
(10)
Request for interpretation: $100.
(11)
Request for prior nonconforming use determination: $100.
(12)
Any other appeal of decision of Zoning Officer: $100.
B.
Escrow fees.
[Amended 5-8-2012 by Ord.
No. 01-2012; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
|
Fee Analysis for Land Use
| |||
|---|---|---|---|
|
Initial Escrow Deposit
| |||
|
Minor Subdivision
| |||
|
Application fee
|
$250
| ||
|
Engineering review
|
$750
| ||
|
Utility engineering review, when required
|
$400
| ||
|
Plus per lot
|
$35
| ||
|
Legal review
|
$250
| ||
|
Planning review when required
|
$400
| ||
|
Publication fee
|
$50
| ||
|
Preliminary Major Subdivision, Residential/Commercial
| |||
|
Application fee
|
$500
| ||
|
Engineering review
|
$850
| ||
|
Plus per lot created
|
$85
| ||
|
Utility engineering review, when required
|
$650
| ||
|
Plus per lot
|
$65
| ||
|
Legal Review
|
$400
| ||
|
Planning review, residential
|
$850
| ||
|
Plus per lot
|
$85
| ||
|
Planning review, nonresidential
|
$850
| ||
|
Plus per acre, or portion thereof
|
$155
| ||
|
Publication fee
|
$50
| ||
|
Final Major Subdivision, Residential/Commercial
| |||
|
Application fee
|
$375
| ||
|
Engineering review
|
$850
| ||
|
Plus per lot created
|
$85
| ||
|
Utility engineering review, when required
|
$650
| ||
|
Plus per lot
|
$65
| ||
|
Legal review
|
$400
| ||
|
Planning review, residential
|
$850
| ||
|
Plus per lot
|
$55
| ||
|
Planning review, nonresidential
|
$850
| ||
|
Plus per lot created
|
$85
| ||
|
Publication fee
|
$50
| ||
|
Preliminary Major Subdivision, Industrial
| |||
|
Application fee
|
$525
| ||
|
Engineering review
| |||
|
First acre
|
$950
| ||
|
Acre 2 to 5, per acre
|
$325
| ||
|
Acre 6 to 20, per acre
|
$175
| ||
|
Acre 21 to 50, per acre
|
$100
| ||
|
Over 50 acres, per acre
|
$65
| ||
|
Utility engineering review, when required
| |||
|
First acre
|
$750
| ||
|
Acre 2 to 5, per acre
|
$325
| ||
|
Acre 6 to 20, per acre
|
$175
| ||
|
Acre 21 to 50, per acre
|
$100
| ||
|
Over 50 acres, per acre
|
$65
| ||
|
Planning review
| |||
|
First acre
|
$950
| ||
|
Acre 2 to 5, per acre
|
$325
| ||
|
Acre 6 to 20, per acre
|
$175
| ||
|
Acre 21 to 50, per acre
|
$100
| ||
|
Over 50 acres, per acre
|
$65
| ||
|
Legal review
|
$550
| ||
|
Final Major Subdivision, Industrial
| |||
|
Application fee
|
$325
| ||
|
First acre
|
$325
| ||
|
Acre 2 to 5, per acre
|
$125
| ||
|
Acre 6 to 20, per acre
|
$80
| ||
|
Acre 21 to 50, per acre
|
$50
| ||
|
Over 50 acres, per acre
|
$35
| ||
|
Legal review
|
$250
| ||
|
Minor Site Plan
| |||
|
Application fee
|
$125
| ||
|
Engineering review
|
$550
| ||
|
Plus per acre over 1 acre or portion thereof
|
$250
| ||
|
Utility engineering review, when required
| |||
|
First acre
|
$450
| ||
|
Plus per acre
|
$85
| ||
|
Legal review
|
$250
| ||
|
Planning review
|
$600
| ||
|
Plus per acre over 1 acre or portion thereof
|
$125
| ||
|
Publication fee
|
$50
| ||
|
Preliminary Major Site Plan
| |||
|
Application fee
|
$325
| ||
|
Engineering review
|
$675
| ||
|
Plus per acre or portion thereof of disturbance
|
$350
| ||
|
Or plus per lot, whichever is greater
|
$175
| ||
|
Utility engineering review, when required
| |||
|
First acre
|
$550
| ||
|
Plus per acre of disturbance
|
$125
| ||
|
Legal review
|
$250
| ||
|
Planning review, residential
|
$425
| ||
|
Plus per lot or unit, whichever is greater
|
$125
| ||
|
Planning review, nonresidential
|
$725
| ||
|
Plus per acre or portion thereof of disturbance
|
$175
| ||
|
Publication fee
|
$50
| ||
|
Final Major Site Plan
| |||
|
Application fee
|
$325
| ||
|
Engineering review
|
$575
| ||
|
Plus per acre or portion thereof
|
$85
| ||
|
Utility engineering review, when required
| |||
|
First acre
|
$325
| ||
|
Plus per acre
|
$85
| ||
|
Legal review
|
$400
| ||
|
Planning Review, residential
|
$600
| ||
|
Plus per acre in excess of 1 acre
|
$85
| ||
|
Publication fee
|
$50
| ||
|
Use Variance
| |||
|
Application fee
| |||
|
Residential
|
$200
| ||
|
Commercial
|
$400
| ||
|
Industrial
|
$500
| ||
|
Engineering review, if applicable
| |||
|
Residential
|
$150
| ||
|
Commercial
|
$175
| ||
|
Industrial
|
$200
| ||
|
Planning review
|
$700
| ||
|
Legal review
| |||
|
Residential/commercial/Industrial
|
$200
| ||
|
Preliminary Site Plan, Apartments
| |||
|
Application fee
|
$400
| ||
|
Engineering review
| |||
|
First 50 units, per unit
|
$125
| ||
|
Units 51–200, per unit
|
$100
| ||
|
Units 201–500, per unit
|
$75
| ||
|
Units 501 and over, per unit
|
$50
| ||
|
Utility Engineering Review, when required
| |||
|
First 50 units, per unit
|
$125
| ||
|
Units 51–200, per unit
|
$100
| ||
|
Units 201–500, per unit
|
$75
| ||
|
Units 501 and over, per unit
|
$50
| ||
|
Planning review
| |||
|
First 50 units, per unit
|
$125
| ||
|
Units 51–200, per unit
|
$100
| ||
|
Units 201–500, per unit
|
$75
| ||
|
Units 501 and over, per unit
|
$50
| ||
|
Legal review
|
$250
| ||
|
Final Major Site Plan, Apartments
| |||
|
Application fee
|
$400
| ||
|
Engineering review
| |||
|
First 50 units, per unit
|
$75
| ||
|
Units 51–200, per unit
|
$50
| ||
|
Units 201–500, per unit
|
$40
| ||
|
Units 501 and over, per unit
|
$30
| ||
|
Utility engineering review, when required
| |||
|
First 50 units, per unit
|
$75
| ||
|
Units 51–200, per unit
|
$50
| ||
|
Units 201–500, per unit
|
$40
| ||
|
Units 501 and over, per unit
|
$30
| ||
|
Planning review
| |||
|
First 50 units, per unit
|
$75
| ||
|
Units 51–200, per unit
|
$50
| ||
|
Units 201–500, per unit
|
$40
| ||
|
Units 501 and over, per unit
|
$30
| ||
|
Legal review
|
$400
| ||
|
Publication fee
|
$50
| ||
|
Bulk Variance
| |||
|
Application fee
| |||
|
Residential
|
$125
| ||
|
Commercial
|
$350
| ||
|
Industrial
|
$450
| ||
|
Engineering review, if applicable
|
same
| ||
|
Legal review
| |||
|
Residential
|
$125
| ||
|
Commercial
|
$250
| ||
|
Industrial
|
$250
| ||
|
Planning review, if applicable
| |||
|
Residential
|
$450
| ||
|
Publication fee
| |||
|
Residential
|
$50
| ||
|
Commercial
|
$50
| ||
|
Industrial
|
$50
| ||
|
Appeals from Zoning Officer
| |||
|
Application fee
| |||
|
Residential
|
$175
| ||
|
Commercial
|
$300
| ||
|
Industrial
|
$450
| ||
|
Engineering review, if applicable
| |||
|
Residential
|
$225
| ||
|
Commercial
|
$350
| ||
|
Industrial
|
$525
| ||
|
Legal review
| |||
|
Residential
|
$200
| ||
|
Commercial
|
$200
| ||
|
Industrial
|
$200
| ||
|
Planning review, if applicable
| |||
|
Residential
|
$400
| ||
|
Commercial
|
$400
| ||
|
Industrial
|
$400
| ||
|
Publication fee
| |||
|
Residential
|
$50
| ||
|
Commercial
|
$50
| ||
|
Industrial
|
$50
| ||
|
Interpretation of Zone Code
| |||
|
Application fee
| |||
|
Residential
|
$125
| ||
|
Commercial
|
$175
| ||
|
Industrial
|
$225
| ||
|
Engineering review, if applicable
| |||
|
Residential
|
$225
| ||
|
Commercial
|
$350
| ||
|
Industrial
|
$525
| ||
|
Legal review
| |||
|
Residential
|
$100
| ||
|
Commercial
|
$150
| ||
|
Industrial
|
$150
| ||
|
Planning review, if applicable
| |||
|
Residential
|
$400
| ||
|
Commercial
|
$350
| ||
|
Industrial
|
$525
| ||
|
Publication fee
| |||
|
Residential
|
$50
| ||
|
Commercial
|
$50
| ||
|
Industrial
|
$50
| ||
|
Conditional Use
| |||
|
Application fee
|
$125
| ||
|
Engineering review
|
$225
| ||
|
Planning review
|
$500
| ||
|
Legal review
|
$175
| ||
|
Publication fee
|
$50
| ||
|
Miscellaneous, Informal Review
| |||
|
Application fee
|
$75
| ||
|
Engineering review, if applicable
| |||
|
Residential
|
$225
| ||
|
Commercial
|
$225
| ||
|
Industrial
|
$225
| ||
|
Legal review
| |||
|
Residential
|
$100
| ||
|
Commercial
|
$100
| ||
|
Industrial
|
$100
| ||
|
Planning review
| |||
|
Residential
|
$350
| ||
|
Commercial
|
$350
| ||
|
Industrial
|
$350
| ||
|
Continued Use Permit
|
$45
| ||
|
Appeal to Township Committee
| |||
|
Filing fee
|
$175
| ||
|
Stenographer recording
|
$475
| ||
|
Amendments to previously approved applications
| |||
|
Deposits applicable to new application
|
Same
| ||
|
Extension of preliminary or final approval
| |||
|
Application fee
|
$175
| ||
|
Engineering fee
|
$325
| ||
|
Planning review
|
$325
| ||
|
Legal review
|
$100
| ||
