[Ord. #601, S 109-76; Ord. #610; Ord. #650; Ord. #673]
There is hereby established pursuant to N.J.S.A. 40:55D-1 et
seq. in the Borough a Planning Board of nine (9) members consisting
of the following four (4) classes:
a.
Class I. The Mayor.
b.
Class II. One (1) of the officials of the Borough other than a member
of the Borough Council, to be appointed by the Mayor; provided that
if there be an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by Section One of N.J.S.A. 40:56A-1, shall be deemed to be the Class
II Planning Board member for the purposes of this act in the event
that there be among the class IV or alternate members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
c.
Class III. A member of the Borough Council to be appointed by it.
d.
Class IV. Six (6) other citizens of the Borough to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
except that one (1) member 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
member or alternate member 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.
e.
Alternate Members. There shall be permitted in accordance with N.J.S.A.
40:55D-23, two (2) alternate members to be appointed by the Mayor.
The alternates shall have the same qualifications as Class IV members
of the Planning Board. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2."
[Ord. #601, S 109-77; Ord. #610; Ord. #673]
a.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one (1) year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
b.
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/she
is no longer a member of such other body or at the completion of this
Class IV term, whichever comes first.
c.
The terms of all Class IV members first appointed pursuant to this
Chapter shall be so determined that, to the greatest practicable extent,
the expiration of such term shall be distributed over the first four
(4) years after their appointment, as determined by resolution of
the Borough Council; provided, however, that no term of any member
shall exceed four (4) years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four (4) years, except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
d.
The terms of the alternate members shall be for two (2) years, except
that the terms of the alternate member shall be such that the term
of not more than one (1) alternate shall expire in any one (1) year.
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.
[Ord. #601, S 109-78; Ord. #673, S 8]
If a vacancy or any regular or alternate member of the Planning
Board shall occur otherwise than by expiration of term, it shall be
filled by appointment as provided above for the unexpired term.
[Ord. #601, S 109-79]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may be either
a member of the Planning Board or a municipal employee designated
by it.
[Ord. #601, S 109-80]
There is hereby created the office of the Planning Board Attorney.
The Planning Board may annually appoint and fix the compensation of
or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[Ord. #601, S 109-81]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not exceed, however, exclusive of gifts or grants,
the amount appropriated by the Borough Council for its use.
[Ord. #601, S 109-82; Ord. #650, S 4]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make, adopt and from time to time amend a Master Plan for the
physical development of the Borough, including any areas outside its
boundaries, which, in the Board's judgment, bear essential relation
to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
b.
To administer land subdivision control and site plan review in accordance
with the provisions of this Chapter and the Municipal Land Use Law
of 1975, N.J.S.A. 40:55D-1 et seq.
c.
To consider and make a report to the Borough Council within thirty-five
(35) days after referral as to any proposed development regulation
submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26,
and also to pass upon other matters specifically referred to the Planning
Board by the Borough Council, pursuant to N.J.S.A. 40:55D-26.
d.
When reviewing application for the approval of subdivision plats,
site plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
2.
Direction, pursuant to the provisions of N.J.S.A. 40:55D-34, for
the 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 Section 23 of said Act.
3.
Direction, pursuant to the provisions of N.J.S.A. 40:55D-36, issuance
of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for the issuance of a permit,
as the case may be.
e.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other agencies or officers.
[Ord. #601, S 109-83]
The Mayor may appoint one (1) or more persons as a Citizens'
Advisory Committee to assist or collaborate with the Planning Board
in its duties, but such persons shall have no powers to vote or take
other action required of the Board. Such persons shall serve at the
pleasure of the Mayor.
[Ord. #601, S 109-84]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Borough,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearings or proceedings.
[Ord. #601, S 109-85]
The Board shall adopt such rules and regulations 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 Investigation
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. #1998-19, S 1; Ord. #09-2006, S 1]
The Planning Board Chairman shall appoint an Exempt Site Plan Committee consisting of three (3) members of the Planning Board, and the Code Enforcement Officer. The purpose of the Exempt Site Plan Committee shall include the review of any applicant requesting an "exempt development" classification. Upon review, the Exempt Site Plan Committee shall submit to the Planning Board a letter of its findings as to whether the application meets the requirements as set forth in Section 19-25.
[Ord. #601, S 109-86; Ord. #610; Ord. #650, S 5; Ord. #05-2005,
SS 2, 3]
a.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69, consisting of seven (7) residents of the Borough as well
as four (4) alternate members who shall also be residents of this
Borough, all of whom shall be appointed by the Council to serve the
terms of four (4) years from January 1 of the year of their appointment.
The terms of the members first appointed, in the case of regular members,
shall be so determined that, to the greatest practicable extent, the
expiration of such terms shall be distributed evenly over the first
four (4) years after their appointment, and in the case of alternate
members evenly over the first two (2) years of their appointment;
provided that the initial term of no regular member shall exceed four
(4) years and that the initial term of no alternate member shall exceed
two (2) years. Thereafter, the term of each regular member shall be
four (4) years; and the term of each alternate member shall be two
(2) years. Alternate members shall be designated at the time of appointment
by the Borough Council appointing them as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the
alternate members shall serve in rotation during the absence or disqualification
of any regular member or members. The term of Alternate No. 1 shall
run concurrently with the term of Alternate No. 3. The term of Alternate
No. 2 shall run concurrently with the term of Alternate No. 4. In
the event that any alternate members of the Zoning Board of Adjustment
need to cast a vote on a particular matter, the votes shall be cast
in priority beginning with Alternate No. 1 through Alternate No. 4.
b.
No member or alternate member of the Zoning Board of Adjustment may
hold any elective office or position under the Borough.
c.
A vacancy occurring otherwise than by expiration of term, whether
for a member or alternate member, shall be filled for the unexpired
term only.
d.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of 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.
[Ord. #601, S 109-87]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary, who may not be
a Board Member or a municipal employee
[Ord. #601, S 109-88]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Municipal Attorney.
[Ord. #601, S 109-89]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
[Ord. #601, S 109-90]
The Board shall adopt such rules and regulations 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. #601, S 109-91]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this Chapter.
b.
It is further the intent of this Chapter to confer upon the Zoning
Board of Adjustment powers as full and complete as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this Chapter
or any term, clause, sentence or word thereof and the Zoning Map,
in accordance with the general rules of construction applicable to
legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this Chapter in
accordance with the general or specific rules contained therein and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this Chapter
would work undue hardship. The powers and duties of the Board having
been delegated to it and imposed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in the Municipal
Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.) or subsequent statutes
in such case made and provided, and it shall furnish to any persons
requesting the same as copy of its rules and information as to how
appeals or applications may properly be filed with the Board for its
decision thereon.
[Ord. #601, S 109-92]
a.
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 administrative office. Each appeal
shall be taken within the sixty-five (65) days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
was taken, together with three (3) copies of the notice with the administrative
officer. The notice of appeal shall specify the grounds for the appeal.
The officer from whom the appeal is taken shall forthwith transmit
to the Clerk of the Board all the papers constituting the record upon
which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Clerk of the Zoning Board of Adjustment. Seven
(7) copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than ten (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 Clerk of the Zoning Board
of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
to 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/her, 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 a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
upon notice to the officer from whom the appeal is taken and on due
cause shown.
[Ord. #601, S 109-93]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of the Municipal Land Use Law
of 1975 (N.J.S.A. 40:55D-1 et seq.) or amendments thereto or subsequent
statutes, applying, reverse or affirm, wholly or partly, or 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 administrative
officer from whom the appeal was taken.
[Ord. #601, S 109-94]
Any variance from the terms of this Chapter hereafter granted
by the approving authority permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced within one (1) year from the date
of entry of the judgment or determination of the approving authority;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of the filing of an appeal
from the decision of the approving authority to the Borough Council,
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding.
[Ord. #601, S 109-95; Ord. #650, S 6; Ord. #2003-13, S 15]
a.
The Board of Adjustment shall have such powers as are granted by
law to:
1.
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 administrative officer based on or made in the enforcement of
this Chapter.
2.
Hear and decide requests for interpretation of the Zoning Map or
provisions of this Chapter or for decisions upon other special questions
upon which such Board is authorized to pass by any Zoning or Official
Map Ordinance, in accordance with the Municipal Land Use Law (MLUL)
(N.J.S.A. 40:55D-1 et seq.).
3.
_____
(a)
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to Article 8 of the Municipal Land Use Law (MLUL) would result
in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the developer of such property, grant, upon
an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardships; and
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law (MLUL); provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in paragraph a,4 of this subsection shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to Subsection a. of Section 47 of the Municipal Land Use Law (MLUL).
4.
In particular cases for special reasons, grant a variance to allow
departure from regulations pursuant to Article 8 of the Municipal
Land Use Law (MLUL) to permit a use or principal structure in a district
restricted against such use or principal structure; an expansion of
a nonconforming use; deviation from a specification or standard pursuant
to section 54 of P.L. 1975, c.291 (C.40:55D-67) pertaining solely
to a conditional use; an increase in the permitted floor area ratio,
as defined in section 3.1 of P.L. 1975, c.291 (C.40:55D-40); an increase
in the permitted density, as defined in section 3.1 of P.L. 1975,
c.291 (C.40:55D-4), except as applied to the required lot area for
a lot or lots for detached one (1) or two (2) dwelling unit buildings,
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision; or a height of a principal structure, which
exceeds by ten (10') feet or ten (10%) percent, the maximum height
permitted in the district for a principal structure. A variance under
this subsection shall be granted only by affirmative vote of at least
five (5) members, in the case of a municipal board, or two-thirds
(2/3) of the full authorized membership, in the case of a regional
board, pursuant to Article 10 of the Municipal Land Use Law (MLUL).
b.
If an application for development requests one (1) or more variances,
but not a variance for a purpose enumerated in paragraph a,4 of this
subsection, the decision on the requested variance or variances shall
be rendered under paragraph a,3 of this subsection.
[Ord. #601, S 109-96; Ord. #650, S 7]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 19-22.10, have power given by law to:
1.
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.
2.
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for
a building or structure not related to a street.
b.
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 et seq., or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to subsection 19-22.10, paragraph a,4 of this Chapter. The developer may elect to submit a separate application requesting approval of the variance in separate application for any required approval of the subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning 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 Zoning 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 subsection 19-22.10, paragraph a,4 shall not be required.
[Ord. #601, S 109-97; Ord. #650, S 8]
The Zoning Board of Adjustment shall render its decision not
later than one hundred twenty (120) days after the date of appeal
is taken from the decision of an administrative office or not later
than one hundred twenty (120) days after the submission of a complete
application for development to the Board, pursuant to the provisions
of N.J.S.A. 49:55D-70b. In the event that the developer elects to
submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this Chapter. Failure of the Board of Adjustment to render
a decision within a one hundred twenty (120) day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
[Ord. #2003-13, S 16]
The Board of Adjustment shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt a resolution, a report of its findings on Zoning Ordinance
provisions, which were the subject of variance requests, and its recommendations
for Zoning Ordinance amendments or revisions, if any. The Board of
Adjustment shall send copies of the report and resolution to the Borough
Council and Planning Board.
[Ord. #601, S 109-98]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he/she has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he/she shall
not continue to sit with the Board on the hearing of such matters,
nor shall be/she participate in any discussion or decision relating
thereto.
[Ord. #601, S 109-98; Ord. #650, S 9]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meetings
so scheduled shall be held as scheduled unless canceled for lack of
applications to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which meetings shall
be held on notice to the Board's members and to the public in accordance
with all applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All action shall be taken by majority vote of the members of the
Planning Board or Zoning Board of Adjustment present at the meeting.
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.
e.
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 Law (N.J.S.A. 10:4-6
et seq.). An executive session for the purpose of discussing and studying
any matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Ord. #601, S 109-100; Ord. #605, S 10]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board; the names of the persons appearing by attorney; the action
taken by the Board; and the findings, if any, made by it and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Borough
Clerk. 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. Such interested party shall be
charged a fee for reproduction of the minutes for his use as provided
for in the within fee schedule. The transcript shall be certified
in writing by the transcriber to be accurate.
Editor's Note: Former subsection 19-23.4, Fees, previously codified herein and containing portions of Ordinance Nos. 601, 673, 798, 881, 93-13 and 93-29 was repealed in its entirety by Ordinance No. 2003-13. For Schedule of Fees, see Section 19-20.
[Ord. #601, S 109-102]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this Chapter.
b.
Oaths. The officer presiding at the hearing, or such person as he/she
may designate, shall have power to administer oaths and issue subpoenas
to complete the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
c.
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 limitation as to time and number witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript, or duplicate recording in lieu
thereof, on request to any interested party at his expense, as set
forth in the fee schedule herein.
[Ord. #601, S 109-103]
Whenever a hearing is required on an application for development
pursuant N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Borough at least ten (10) days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located within two hundred
(200') feet in all directions of the property which is the subject
of such hearing and whether located within or without the Borough
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on the 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 the current tax duplicate. A return receipt is not required.
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.
c.
Notice of all hearings on applications for development involving
property located within two hundred (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 paragraph b. of this subsection to
the owners of lands in such adjoining municipality which are located
within two hundred (200') feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for the development
of property adjacent to an existing County road or proposed road,
shown on the Official County Map or on the County Master Plan, adjoining
other County Land or situated within two hundred (200') feet of a
municipal boundary.
e.
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.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for the development
of property which exceeds one hundred fifty (150) acres or five hundred
(500) dwelling units. Such notice shall include a copy of any maps
or documents required to be on file with the Borough Clerk pursuant
N.J.S.A. 40:55D-10.
g.
All notices hereinabove specified in this subsection shall be given
at least ten (10) days prior to the date fixed for hearing, and the
applicant shall file an affidavit of proof of service with the Board
holding the hearing on the application for development.
h.
Any notice made by certified mail, as hereinabove required, shall
be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this Chapter shall state the date, time and place of the
hearing; the nature of the matter to be considered; 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 Municipal Tax Assessor's office; and the location
and times at which maps and documents for which approval is sought
are available as required by law.
[Ord. #601, S 109-104; Ord. #635, S 1; Ord. #650, S 11]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Clerk
of the approving authority shall, within seven (7) days after receipt
of a written request therefor and upon receipt of payment of a fee
of twenty-five ($0.25) cents per name or ten ($10.00) dollars, whichever
is greater, make and certify a list from the current tax duplicate
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this Chapter.
[Ord. #601, S 109-105]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the approving authority, which resolution
shall include findings of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the approving authority
within ten (10) days of the date of decision to the applicant or,
if represented, 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 by the fee schedule herein
for such service. A copy of the decision shall also be filed in the
office of the Borough 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 Borough.
[Ord. #601, S 109-106]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Clerk of the Planning Board or Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. The
notice shall be sent to the official newspaper for publication within
ten (10) days of the date of any such decision.
[Ord. #601, S 109-107; Ord. #871, S 1]
a.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65,
every application for development submitted to the Planning Board
or Zoning Board of Adjustment, shall be accompanied by proof that
no taxes or municipal assessments for local improvements are due or
delinquent on the property which is the subject of such application.
b.
All taxes and municipal assessments due must be paid, in full, prior
to any application being heard by either the Planning Board or Zoning
Board of Adjustment.
[Ord. #601, S 109-108; Ord. #650; Ord. #736; amended 7-17-2018 by Ord. No. 2018-13]
Prior to the filing of a subdivision plat or recording of a
minor subdivision deed or as a condition of final site plan approval
or as a condition to the issuance of zoning permit pursuant to N.J.S.A.
40:55D-65d, or as a condition to the issuance of a variance, pursuant
to N.J.S.A. 40:55D-70, the approving authority may require and shall
accept the following:
a.
A performance guarantee in favor of the Borough in an amount not
to exceed 120% of the cost of the installation of the improvements
required by the approval, developer's agreement, ordinance, or regulation
to be dedicated to any public entity, and have not yet been installed,
which costs shall be determined by the Borough Engineer, in accordance
with the calculation method set forth in N.J.S.A. 40:55D-53.4, for
the following improvements as shown on the approved plans or plat:
1.
Streets;
2.
Pavement;
3.
Gutters;
4.
Curbs or other street borders;
5.
Sidewalks or other pedestrian accessways;
6.
Street lighting;
7.
Street trees;
9.
Water mains;
10.
Sanitary sewers;
11.
Community septic systems;
12.
Drainage structures;
13.
Public improvements of open space; and
14.
Any grading necessitated by the preceding improvements.
b.
Before final approval the approving authority shall require that
the developer furnish performance and maintenance guarantees in order
to assure the ultimate installation and upkeep of privately-owned
perimeter buffer landscaping as required by ordinance or as a condition
of the approval. The developer has the option to provide separate
bonding to provide a separate bonding guarantee for these improvements.
Developer has the option to provide separate bonding for the privately-owned
perimeter buffer landscaping.
c.
If the required improvements are not completed or corrected in accordance
with performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
The approving authority shall have the power to require the installation
of such improvements within a specified period or periods of time,
consistent with law, set in its decision, taking into account the
facts of the proposed development plan or plat, all of the provisions
of this Chapter and the health, safety and welfare of the community.
d.
Upon substantial completion of all required appurtenant utility improvements,
and the connection of same to the public system, the obligor may notify
the Borough Council in writing, by certified mail addressed in care
of the Municipal Clerk of the completion or substantial completion
of improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Municipal Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Governing Body, indicating either approval, partial
approval or rejection of such improvements with a statement of reasons
of any rejection. The cost of the improvements as approved or rejected
shall be set forth.
e.
The Borough Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Borough Engineer,
and shall notify the obligor, in writing and by certified mail, of
the contents of said report and the action of said approving authority
with relation thereto, not later than sixty-five (65) days after receipt
of the notice from the obligor of the completion of the improvements.
When partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guarantee except for that
portion adequately sufficient to secure provision of the improvements
not yet approved; provided that thirty (30%) percent of the improvement
of the performance guarantee posted may be retained to insure completion
of all improvements. Failure of the Borough Council to send or provide
such notification to the obligor within sixty-five (65) days shall
be deemed to constitute approval of the improvements and the obligor
and surety, if any, shall be released from all liability, pursuant
to such performance guarantee.
f.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this Section shall be followed.
g.
Obligor shall reimburse the Borough for reasonable inspection fees
paid to the Borough Engineer for inspection of improvements.
1.
The Borough shall require the developer to post the inspection fees
in escrow in the amount of:
(a)
The greater of $500, or 5% of the cost of the bond improvements
that are subject to a performance guarantee, unless there are extraordinary
circumstances requiring a different amount.
2.
The Borough may require the developer to post additional funds, provided
that a specific written request is made and signed by the Borough
Engineer. The request will inform the developer of the need for additional
inspections and detail the items or undertaking that require inspections.
It will provide an estimate of the time period for the inspections
and set forth an estimate of the cost of performing the inspections.
h.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this Section shall
be applied by stage or section.
i.
The developer may be required to post a maintenance guarantee with
the Borough Council. Such maintenance guarantee shall be for a period
not exceeding two (2) years after final acceptance of improvements
and shall be in an amount not exceeding fifteen (15%) percent of the
cost of the improvements.
[Added 7-17-2018 by Ord.
No. 2018-13]
a.
Developer shall furnish to the Borough a safety and stabilization
guarantee in favor of the Borough. A safety and stabilization guarantee
shall be available to the Borough solely for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition, in the following circumstances:
1.
Site disturbance has been commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
2.
Work has not commenced within 30 days following the provision of
written notice by the Borough to the developer of the Borough's intent
to claim payment under the guarantee. The Borough shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
b.
Calculation of the safety and stabilization guarantee.
1.
For a development with bonded improvements in an amount not exceeding
$100,000, the safety and stabilization guarantee shall be $5,000.
2.
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
(a)
$5,000 for the first $100,000 of the bonded improvement costs,
plus 2 1/2% of the bonded improvements costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
3.
The Borough shall release a separate safety and stabilization guarantee
to the developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this section.
4.
The Borough shall release a safety and stabilization guarantee upon
the Borough Engineer's determination that the development of the project
has reached a point that the improvements installed are adequate to
avoid any potential threat to public safety.
[Added 7-17-2018 by Ord.
No. 2018-13]
a.
When a developer seeks a temporary certificate of occupancy for a
development, unit, lot, building or phase of development, as a condition
of the issuance of a temporary certificate of occupancy, the developer
shall furnish a temporary certificate of occupancy guarantee in favor
of the Borough in an amount equal to 120% of the cost of installation
of the improvements or items which remain to be completed or installed
under the terms of the temporary certificate of occupancy which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guarantee.
b.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Borough Engineer.
c.
The temporary certificate of occupancy guarantee shall be released
by the Borough Engineer upon the issuance of a permanent certificate
of occupancy.
[Ord. #601, S 109-109]
An appeal to the Zoning Board of Adjustment may be taken to
any interested party affected by any decision of the Zoning Officer
of the Borough, based on or made in the enforcement of the Zoning
Sections of this Chapter or Official Map. Such appeal shall be taken
within sixty-five (65) days by filing a notice of appeal in the manner
set forth in this Chapter and in accordance with the provisions of
N.J.S.A. 40:55D-72.
[Ord. #601, S 109-110; Ord. #610; Ord. #01-2006, S 1; Ord.
#2006-24, S 1]
Any interested party may appeal to the Borough Council only
a final decision of the Board of Adjustment approving an application
for development pursuant to N.J.S.A. 40:55D-70(d). Such appeal shall
be filed within ten (10) days of the date of publication of such final
determination by the Board. Such appeal shall be made in accordance
with the provisions of N.J.S.A. 40:55D-17.
Editor's Note: Former subsection 19-24.3, Procedure for Appeal,
previously codified herein and containing portions of Ordinance Nos.
601, 610 and 650, was repealed in its entirety by Ordinance No. 01-2006.
[Ord. #601, S 109-112]
Immediately upon adoption of this ordinance, the Borough Clerk
shall file a copy of this ordinance with the County Planning Board
as required by law.
