[Ord. No. 76-18A1 § 1]
Pursuant to N.J.S.A. 40:55D-23, a Planning Board is established
in the Borough of Woodland Park.
[Ord. No. 76-18 A1 § 1]
The Planning Board of the Borough of Woodland Park shall have
nine (9) members consisting of the following four (4) classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member
of the Borough Council to be appointed by the Mayor.
Class III. A member of the Borough Council to be appointed by
it.
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 Zoning Board
of Adjustment and one (1) may be a member of the Board of Education.
[Ord. No. 76-18A1 § 2]
a.
The term of the member composing Class I shall correspond with his
official tenure.
b.
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.
c.
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 is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first. All Class IV members shall
be appointed for terms of four (4) years. All terms shall run from
January 1 of the year in which the appointment was made.
[Ord. No. 86-4 § I—V]
a.
There is hereby established pursuant to N.J.S.A. 40:55D-23.1 in the
Borough of Woodland Park, two (2) additional positions on the Planning
Board known as "Alternate Members" or "Alternates." Alternate Members
shall be appointed by the appointing authority for Class IV members,
and shall meet the qualifications of Class IV members of nine-member
Planning Boards. Alternate Members shall be designated at the time
of appointment by the Mayor as "Alternate No. 1" and Alternate No.
2."
b.
Terms. The terms of the Alternate Members shall be for two (2) years,
except that the terms of the Alternate Members shall be such that
the term of not more than one (1) Alternate Member shall expire in
any one (1) year; provided, however, that in no instance shall the
terms of the Alternate Members first appointed exceed two (2) years.
c.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled by the appointing authority for the unexpired term
only.
d.
Powers and Duties. The powers and duties of Alternate Members shall
be identical to those of Class IV members. No Alternate Member shall
be permitted to act on any matter in which he has either directly
or indirectly any personal or financial interest. An Alternate Member
may, after public hearing if he requests one, be removed by the Borough
Council for cause.
e.
Participation. 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 not 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. No. 76-18A1 § 3]
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.
[Ord. No. 76-18 A1 § 4]
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 or Alternate Member of the Planning Board or a municipal
employee designated by it.
[Ord. No. 76-18 A1 § 5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney. The Municipal
Council shall fix the compensation of the Planning Board Attorney.
[Ord. No. 76-18 A1 § 6]
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and 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 the provisions of the Land Subdivision ordinance and
Site Plan Review ordinance of the Borough in accordance with the provisions
of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-37
et seq.
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of Municipal Capital Improvement Projects
projected over a term of six (6) years, and amendments thereto, and
recommend same to the Municipal Council.
f.
To consider and make report to the Municipal 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(a),
and also pass upon other matters specifically referred to the Planning
Board by the Municipal Council, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
g.
When reviewing applications for approval of subdivision plats, the
site plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-60 et seq. from lot area, lot
dimensional setback and yard requirements; provided that such relief
from lot area requirements shall not be granted for more than one
(1) lot.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of 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 issuance of a permit
as the case may be.
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Municipal Council for the aid and assistance
of the Municipal Council.
i.
To give site plan review and approval in accord with the standards
set forth in N.J.S.A. 40:55D-32.
[Ord. No. 76-18 A 1 § 7]
a.
Minor Subdivisions. Minor subdivision approval shall be granted or
denied within forty-five (45) days of the date of submission of a
completed application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire one hundred ninety (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," or
a deed clearly describing the approved minor subdivision, is filed
by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of ten (10) or fewer lots the Planning
Board shall grant or deny preliminary approval within forty-five (45)
days of the date of such submission or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a subdivision of more than ten (10) lots the Planning
Board shall grant or deny preliminary approval within ninety-five
(95) days of the date of such submission 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 for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 32-1.8, the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application 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.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within forty-five (45) days of submission of
a complete application or within such further time as may be consented
to by the applicant.
Final approval of a major subdivision shall expire ninety-five
(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 Recording Officer. The Planning Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
one hundred ninety (190) days from the date of signing of the plat.
[Ord. No. 76-18 A1 § 8]
Applications for development within jurisdiction of the Planning
Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall
be filed with the Secretary of the Planning Board. Applicant shall
file at least fourteen (14) days before the date of the monthly meeting
of the Board six (6) copies of a sketch plat; three (3) copies of
applications for minor subdivision approval; three (3) copies of application
for major subdivision approval or three (3) copies of an application
for site plan review, conditional use approval, or planned development.
At the time of filing the application but in no event less than ten
(10) days prior to the date set for hearing, the applicant shall also
file all plot plans, maps or other papers required by virtue of any
provision of this ordinance or any rule of the Planning Board. The
applicant shall obtain all necessary forms from the Secretary of the
Planning Board. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate applications and of the regular
meeting dates of the Board.
[Ord. No. 76-18 A1 § 9]
The Mayor may appoint one (1) or more persons as a Citizen's
Advisory Committee to assist or collaborate with the Planning Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor.
[Ord. No. 76-18 A1 § 10]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this section.
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. No. 76-18 A2 § 1; Ord. No. 78-11 § 1]
a.
Members; Term; Appointment. A Zoning Board of Adjustment is hereby
established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven
(7) regular members who are residents of the Borough. Members of the
Zoning Board of Adjustment shall be appointed by the Municipal Council
to serve for terms of four (4) years from January 1 of the year of
their appointment.
b.
Alternate Members. The Municipal Council shall appoint two (2) Alternate
Members to the Zoning Board of Adjustment. Each Alternate Member shall
serve for a term of two (2) years from January 1 of the year of their
appointment. Alternate Members shall be designated by the Chairman
"Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
during the absence or disqualification of any regular member or members.
c.
Qualifications. No member or Alternate Member of the Zoning Board
of Adjustment may hold any elective office or position under the Borough.
d.
Vacancy. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only.
[Ord. No. 76-18 A2 § 2]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary who may be either
a Board Member or another municipal employee.
[Ord. No. 76-18 A2 § 3]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
the Zoning Board of Adjustment Attorney who shall be an attorney other
than the Municipal Attorney. The Municipal Council shall annually
fix the compensation of the Zoning Board Attorney.
[Ord. No. 76-18 A2 § 4]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this section.
In the issuance of subpoenas, administration of oath 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. No. 76-18 A2 § 5]
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 as full and complete powers 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 hereof, 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 herein, 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 and imposed upon it by statute, the Board shall in all
cases follow the provisions applicable to it in N.J.S.A. 40:55D-1
et seq. or subsequent statutes in such case made and provided, and
it shall, from time to time, furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[Ord. No. 76-18 A2 § 6;
N.J.S.A. 40:55D-72]
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 Officer. Each appeal
shall be taken within the twenty (20) 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 Secretary
of the Board of Adjustment. The notice of appeal shall specify the
grounds for the appeal. The officer from whom the appeal is taken
shall forthwith transmit to 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 Secretary of the Zoning Board of Adjustment.
Three (3) 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 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. 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
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 a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[Ord. No. 76-18 A2 § 7]
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 administrative officer from whom the appeal was taken.
[Ord. No. 76-18 A2 § 8]
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment 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 on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within nine (9) months from the date of entry of the judgment or determination
of the Board of Adjustment; except however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the Municipal Council, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
[Ord. No. 76-18 A2 § 9]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
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 official or agency based on or made in the enforcement
of the zoning ordinance.
b.
Hear and decide requests for interpretation of the map or zoning
ordinance, or for decisions upon other special questions upon which
such Board is authorized by the zoning ordinance to pass.
c.
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 the zoning ordinance would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship on the
owner of such property to grant upon 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 paragraph 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 the subsection N.J.S.A. 40:55D-60a.
d.
Grant a variance to allow 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 two-thirds (2/3)
of the full authorized membership of the Board.
e.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
Any application under any subsection of this section 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.
[Ord. No. 76-18 A2 § 10]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified
in this section 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 or 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 Article 6 of ch. 291 P.L. 1975 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board in reviewing an application for approval of a use variance pursuant to subsection 32-2.9d.
[Ord. No. 76-18 A2 § 11]
The Board of Adjustment shall render its decision not later
than one hundred twenty (120) days after the date (1) an appeal is
taken from the decision of an administrative officer, or (2) the submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-70(b).
Failure of the Board to render a decision within such 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. No. 76-18 A3 § 1]
No member of the Planning Board or Zoning Board of Adjustment
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 nor participate
in any discussion or decision relating thereto.
[Ord. No. 76-18 A3 § 2]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development 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 shall be held
on notice to its members and 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 actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
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, ch. 231, Laws of
N.J. 1975. 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. 76-18 A3 § 3]
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 appearing by attorney, 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 office of the Municipal 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 may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[Ord. 76-18 A3 § 4]
Fees for application or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of said rules or of the separate fee schedule shall be
available to the public.
[Ord. No. 76-18 A3 § 5]
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
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"
P.L. 1953, c.1938 (d.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 limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or duly
repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, 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.
[Ord. No. 76-18 A3 § 6; Ord. No. 07-03 § 1; Ord. No. 07-06 § 1]
Whenever a hearing is required on an application for development
pursuant to 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 municipality 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 municipality
in which applicant's land is located. Such notice shall be given
by: (1) serving a copy thereof on the owner as shown on the current
duplicate or his agent in charge of the property or (2) 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 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,
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 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 situate 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 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 Municipal Clerk pursuant
to N.J.S.A. 40:55D-10b.
g.
All notices hereinabove specified in this section 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 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 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 Municipal Tax Assessor's Office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[Ord. No. 07-03 § 3; Ord. No. 07-06 § 3]
If an applicant fails to meet the notice requirements under subsection 32-3.6, the applicant must wait a minimum of six (6) months from the date of either the Planning Board or Zoning Board of Adjustment's notice of noncompliance before the application will be heard.
[Ord. No. 76-18 A3 § 7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Board secretary shall within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars shall make and the Tax Assessor shall 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 subsection 32-3.6b.
[Ord. No. 76-18 A3 § 8]
a.
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.
b.
A copy of the decision shall be mailed by the Board within ten (10)
days of the date of decision 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 by the Board 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. No. 76-18 A3 § 9]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. This
notice shall be sent to the official newspaper for publication within
ten (10) days of the date of any such decision.
[Ord. No. 76-18 A3 § 10; Ord. No. 13-03 §§ 1, 2]
a.
Any applicant for a permit, license, approval, or relief used or
usable in connection with a designated parcel of real property located
in the Borough of Woodland Park shall submit proof with such application
that all real estate taxes assessed against such real property have
been paid through the quarter in which the application is filed. If
an applicant fails to submit proof along with the application, that
no taxes or assessments for local improvements are due or delinquent,
the application will not be accepted for review by the Borough's
Planning Board or Zoning Board of Adjustment.
b.
Under no circumstances shall any permit, license, approval or relief
used or usable in connection with a designated parcel of real property
located in the Borough of Woodland Park, be issued by any board, body,
officer, or employee of the Borough of Woodland Park unless all real
estate taxes assessed against such real property have been paid through
the then-current quarter.
[Ord. No. 76-18 A4 § 1;
N.J.S.A. 40:55D-72]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Borough based on or made in the enforcement of Chapter XXII Zoning Ordinance, or official map. Such appeal shall be taken within twenty (20) days by filing a notice of appeal in the manner set forth in Section 32-2 subsection 32-2.7 and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. No. 76-18 A4 § 2; Ord. No. 93-5 § 2]
An appeal from any decision of the Zoning Board of Adjustment
approving an application for development pursuant to N.J.S.A. 40:55D-70d
may be taken to the Appropriate Authority (N.J.S.A. 40:55D-17[a])
provided such appeal shall be made within ten (10) days of the date
of publication of such final decision of the Zoning Board of Adjustment.
[Ord. No. 76-18 A5 § 1]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-3 et seq. such term is intended to have the meaning
set forth in the definition of such term as found in said Statute,
unless a contrary intention is clearly expressed from the context
of this chapter.
[Ord. No. 76-18 A5 § 2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
or any other ordinance of the Borough of Woodland Park which contains
provisions contrary to the provisions of this chapter shall be and
are hereby (to the extent of such inconsistency), repealed.
[Ord. No. 76-18 A5 § 3]
The existing Land Subdivision Ordinance of the Borough of Woodland Park is hereby adopted pursuant to the provisions of N.J.S.A. 40:55D-90, and in addition the substantive and procedural portions thereof not in conflict with this chapter or repealed hereby (see subsection 32-5.2) are hereby adopted and continued in effect unless sooner repealed for a period of one (1) year from the effective date of the within chapter, unless extended by ordinance for a period no longer than an additional one (1) year for good cause and upon the exercise of diligence in the preparation of a master plan, development regulations or substantial revisions thereto, as the case may be.
[Ord. No. 76-18 A5 § 4]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 32-4 or as otherwise provided by law.
[Ord. No. 76-18 A5 § 5]
The Zoning Board of Adjustment and Planning Board are hereby
authorized to require a developer, as a condition for approval of
a subdivision or site plan, to pay his pro-rata share of the cost
of providing reasonable and necessary off-site improvements and water,
sewerage and drainage facilities, and easement therefor, located outside
the property limits of the subdivision or development but necessitated
or required by construction or improvements within such subdivision
or development pursuant to the provisions of N.J.S.A. 40:55D-42.
[Ord. No. 76-18 A5 § 6]
Whenever the Zoning Board of Adjustment shall consider site
plan review ancillary to an appropriate application before it, the
Zoning Board of Adjustment shall refer site plan review to the Planning
Board for its recommendations which shall be advisory only and not
binding.
[Ord. No. 76-18 A5 § 7]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Woodland Park."
[Ord. No. 76-18 A5 § 8]
This ordinance (chapter) shall take effect on February 1, 1977.
[Ord. No. 76-18 A5 § 9]
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with said County Planning
Board copies of all other ordinances of the Borough relating to land
use, such as the subdivision, zoning, and site plan review ordinances.
