[1]
Editor's Note: For provisions pursuant to N.J.S.A. 40:48-2.46, regarding authorization of the Planning Board to designate and reserve parking spaces within various parking lots for the physically handicapped, see Volume I of the Municipal Code, Chapter 8, Section 8-3, "Handicapped Parking and Parking Lots."
[Ord. #587; Ord. #643; 1976 Code § 37-1]
There is hereby established pursuant to c. 291, P.L. 1975, in
the Township, a Planning Board of nine members consisting of the following
four classes:
a.
Class I: The Mayor (Chairman of the Township Council).
b.
Class II: One of the officials of the Township other than a member
of the Township Council, to be appointed by the Mayor, provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning
Board member if there are both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
c.
Class III: A member of the Township Council, to be appointed by it.
d.
Class IV: Six other citizens of the Township, to be appointed by
the Mayor. The members of Class IV shall hold no other Municipal office,
except that one member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board,
as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board
member unless there are among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
e.
Alternates: There shall also be appointed two alternates members
in Class IV, designated Alternate No. 1 and Alternate No. 2 who shall
serve in rotation during the absence or disqualification of any regular
member or members of Class IV.
[Ord. #587; Ord. #643; 1976 Code § 37-2]
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 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 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 is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs 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 evenly distributed over the first
four years after their appointment, as determined by resolution of
the Township Council; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
is made.
d.
Alternate members shall serve for terms of two years. The initial
terms of Alternate No. 1 and Alternate No. 2 shall be one and two
years respectively.
[Ord. #587; Ord. #643; 1976 Code § 37-3]
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. #587; Ord. #643; 1976 Code § 37-4]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall select a Secretary, who may
be either a member of the Planning Board or a Township employee designated
by it.
[Ord. #587; Ord. #643; 1976 Code § 37-5]
There is hereby created the office of 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 Township Attorney.
[Ord. #587; Ord. #643; 1976 Code § 37-6]
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 Township Council for its use.
[Ord. #587; Ord. #643; 1976 Code § 37-7]
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 amend a Master Plan for the physical development
of the Township, including any areas outside its boundaries, which
in the Board's judgment bear essential relation to the planning of
the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
c.
To grant conditional uses, in accordance with the provisions of Chapter 24, Zoning, and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of Municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Township Council.
g.
To consider and make report to the Township Council within 35 days
after referral as to any proposed development regulation submitted
to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning Board
by the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
h.
When reviewing applications for 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:
1.
Variances, pursuant to N.J.S.A. 40:55D-70c, 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 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
drainageway, 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 a permit
for a building or a structure not related to a street.
Whenever relief is requested pursuant to this paragraph h.,
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.
i.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Council for the aid and assistance of
the Township Council or other agencies or officers.
[Ord. #587; Ord. #643; 1976 Code § 37-8]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete 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
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 Township Engineer and the Township 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 of Major Subdivisions. Upon submission of a
complete application for a subdivision of 10 or fewer lots, the Planning
Board shall grant or deny preliminary approval within 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 10 lots, the Planning Board shall grant
or deny preliminary approval within 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 21-1.7, paragraph h of this Chapter, the Planning Board shall grant or deny approval of the application within 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 upon request of the applicant.
d.
Final Approval.
1.
Application for final subdivision approval shall be granted or denied
within 45 days of submission of a complete application or within such
further time as may be consented to by the applicant.
2.
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 recording officer.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
[Ord. #587; Ord. #643; 1976 Code § 37-9; Ord. #1452]
Applications for development within the 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. The
applicant shall file, in addition to the number of copies required
under the Township zoning, site plan and/or subdivision ordinance,
at least 21 days before the date of the monthly meeting of the Board,
11 copies of the sketch plat, site plan, topographical plan or other
map required to be filed with an application to the Planning Board;
three copies of an application for minor subdivision approval, three
copies of an application for major subdivision approval or three copies
of an application for site plan review, conditional use approval or
plan development. At the time of filing the application, but in no
event less than 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 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
regular meeting dates of the Board.
[Ord. #587; Ord. #643; 1976 Code § 37-10]
The Mayor may appoint one or more persons as a Citizens' 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. #587; Ord. #643; 1976 Code § 37-11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development made to
the Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[Ord. #587; Ord. #643; 1976 Code § 37-12]
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. #587; Ord. #643; 1976 Code § 37-13]
a.
A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven residents of the Township appointed
by the Township Council to serve for terms of four years from January
1 of the year of their appointment. The terms of the members first
appointed shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment, provided that the initial
terms of no member shall exceed four years. Thereafter the term of
each member shall be for four years. Nothing in this Chapter shall,
however, be construed to affect the terms of any present members of
the Zoning Board of Adjustment, all of whom shall continue in office
until the completion of the term for which they were appointed.
b.
No member of the Zoning Board of Adjustment may hold any elective
office or position in the Township.
c.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
d.
There shall also be appointed two alternate members. 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. The term of each alternate shall
be two years. The initial terms of alternates shall be one and two
years, respectively.
[Ord. #587; Ord. #643; 1976 Code § 37-14]
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 Township employee.
[Ord. #587; Ord. #643; 1976 Code § 37-15]
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 Township Attorney.
[Ord. #587; Ord. #643; 1976 Code § 37-16]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and authorize expenditures
which shall not exceed, exclusive of gifts or grants, the amount appropriated
by the Township Council.
[Ord. #587; Ord. #643; 1976 Code § 37-17]
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. #587; Ord. #643; 1976 Code § 37-18]
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, but 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. #587; Ord. #643; 1976 Code § 37-19; Ord.
#1313, § 7]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by any officer, department, board or bureau of the Township affected
by any decision of the administrative officer. Each appeal shall be
taken within 20 days 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 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 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 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. #587; Ord. #643; 1976 Code § 37-20]
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. #587; Ord. #643; 1976 Code § 37-21]
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 the variance, or unless such permitted use has actually been commenced,
within two years 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 Township Council or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
[Ord. #587; Ord. #643; 1976 Code § 37-22; Ord.
#1313, § 8]
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 Chapter 24, Zoning. If, in the case of an appeal made pursuant to this paragraph a, the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission, then the Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.
c.
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, 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 Chapter 24, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this 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 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 2/3 of the full
authorized membership of the Board.
e.
No variance or other relief may be granted under the provisions of this subsection 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 Chapter 24, Zoning. Any application under any paragraph 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. #587; Ord. #643; 1976 Code § 37-23]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 21-2.10 of this section, have the 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 Board is reviewing an application for approval of a use variance pursuant to subsection 21-2.10, paragraph d.
[Ord. #587; Ord. #643; 1976 Code § 37-24]
[Ord. #587; Ord. #643; 1976 Code § 37-25]
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. #587; Ord. #643; 1976 Code § 37-26]
a.
Meetings of both the Planning Board and the 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 canceled 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 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 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, N.J.S.A. 10:4-1
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. #587; Ord. #643; 1976 Code § 37-27]
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; 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 Township 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. #587; Ord. #643; Ord. #720; 1976 Code § 37-28;
Ord. #1196, § I; Ord. #1539, §§ 1, 2; Ord.
#1666, §§ 1 — 3; Ord. #1699 § 1; Ord. No. 2016-1784 §§ 1,
2]
a.
Fees for applications 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 the rules or of the separate fee schedule shall be available
to the public.
b.
Specific fees for site plan and subdivision approvals are set forth in Code subsections 22-3.4 and 26-3.2. Application fees for any matter in front of the Zoning Board of Adjustment or Planning Board under N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-72 shall be as follows:
|
N.J.S.A. 40:55D-70(a)
|
$300
|
|
N.J.S.A. 40:55D-70(b)
|
$300
|
|
N.J.S.A. 40:55D-70(c)
|
$300 each, max. $750
|
|
N.J.S.A. 40:55D-70(d)
|
$500 residential use
$1,000 nonresidential use
|
|
N.J.S.A. 40:55D-72
|
$300
|
c.
If the Administrative Officer determines during his/her review of the application of professional review and preparation of documents, including but not limited to engineering and planning review, are necessary, the Administrative Officer may require the applicant to establish an escrow account to cover the reasonable cost of the required professional review. The applicant shall deposit, forthwith upon demand, the following sums, to meet the estimate of cost of professional review and consultation, which funds shall be placed in an escrow account in accordance with the provision of subsections 22-3.4h and/or 26-3.2f. Upon resolution of the application, the applicant may request an accounting of escrow funds used, and any unused escrow funds shall be returned to the applicant.
|
Appeals N.J.S.A. 40:55D-70(a)
|
$250
|
|
Interpretation N.J.S.A. 40:55D-70(b)
|
$1,000
|
|
Variances (1 or more) N.J.S.A. 40:55D-70(c)
| |
|
- Residential
|
$750
|
|
- Nonresidential
|
$1,000
|
|
Variances N.J.S.A. 40:55D-70(d)
|
$2,000
|
d.
The Chief Financial Officer of the Township shall make all of the
payments to professionals for services rendered to the Municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (C. 40:55D-1
et seq.).
e.
1.
Review and inspection fees and charges shall be based upon a schedule
established by annual resolution of the Township Council.
2.
The application review and inspection charges shall be limited only
to professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
review by outside consultants when an application is of a nature beyond
the scope of the expertise of the professionals normally utilized
by the municipality.
3.
The only costs that shall be added to any such charges shall be actual
out-of-pocket expenses of any such professionals or consultants including
normal and typical expenses incurred in processing applications and
inspecting improvements.
4.
The Municipality or approving authority shall not bill the applicant,
or charge any escrow account or deposit for any municipal clerical
or administrative functions, overhead expenses, meeting room charges,
or any other municipal costs and expenses except as provided for in
this section, nor shall a municipal professional add any such charges
to his bill.
5.
If the salary, staff support and overhead for a municipal professional
are provided by the Municipality, the charge shall not exceed 200%
of the sum of the products resulting from multiplying (1) the hourly
base salary, which shall be established annually by ordinance, of
each of the professionals by (2) the number of hours spent by the
respective professional upon review of the application for development
or inspection of the developer's improvements, as the case may be.
For other professionals the charge shall be at the same rate as all
other work of the same nature by the professional for the municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
f.
All developer escrow deposits for anticipated municipal expenses
for professional review and inspection services shall be placed in
an escrow account pursuant to N.J.S.A. 40:55D-53.1.
g.
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and for each date the
services performed, the hours spent to one-quarter (1/4) hour increments,
the hourly rate and the expenses incurred.
h.
All professionals shall submit vouchers to the Chief Financial Officer
of the Municipality on a monthly basis in accordance with schedules
and procedures established by the Chief Financial Officer of the Municipality.
i.
If the services are provided by a municipal employee, the municipal
employee shall prepare and submit to the Chief Financial Officer of
the Municipality a statement containing the same information as required
on a voucher, on a monthly basis.
j.
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Municipality
simultaneously to the applicant. The Chief Financial Officer of the
Municipality shall prepare and send to the applicant a statement which
shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the escrow
account.
k.
This information shall be provided on a quarterly basis, if monthly
charges are $1,000 or less, or on a monthly basis if monthly charges
exceed $1,000.
l.
If an escrow account or deposit contains insufficient funds to enable
the Municipality or approving authority to perform required application
reviews or improvements inspections the Chief Financial Officer of
the Municipality shall provide the applicant with a notice of the
insufficient escrow or deposit balance.
m.
In order for work to continue on the development or the application,
the applicant shall within 14 days post a deposit to the account in
an amount to be agreed upon by the Municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds. All costs associated with un-reimbursed required health
and safety inspections during this fourteen-day period shall become
a lien upon the property being developed. If, at the end of the fourteen-day
period, the developer has not submitted replenishment funds, the Chief
Financial Officer shall notify the Township Engineer of same who shall
issue a stop work order for the project.
n.
The following close-out procedure shall apply to all deposits and
escrow accounts established under the provisions of P.L. 1975, c.
291 (C. 40:55D-1 et seq.) and shall commence after the approving authority
has granted final approval and signed the subdivision plat or site
plan, in the case of application review escrows and deposits, or after
the improvements have been approved as provided in section 41 of P.L.
1975, c. 291 (C. 40:55D-53), in the case of improvement inspection
escrows and deposits.
1.
The applicant shall send written notice by certified mail to the
Chief Financial Officer of the Municipality and the approving authority,
and to the relevant municipal professional, that the application or
the improvements, as the case may be, are completed.
2.
After receipt of such notice, the professional shall render a final
bill to the Chief Financial Officer of the Municipality within 30
days, and shall send a copy simultaneously to the applicant.
3.
The Chief Financial Officer of the Municipality shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill.
4.
Any balances remaining in the deposit or escrow account, including
interest in accordance with section 1 of P.L. 1985, c. 315 (C. 40:55D-53.1),
shall be refunded to the developer along with the final accounting.
o.
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction.
p.
Review fees shall be charged only in connection with an application
for development presently pending before the approving authority or
upon review of compliance with conditions of approval, or review of
requests for modification or amendment made by the applicant.
q.
A professional shall not review items which are subject to approval
by any State governmental agency and not under municipal jurisdiction
except to the extent consultation with a State agency is necessary
due to the effect of State approvals in the subdivision or site plan.
r.
Inspection fees shall be charged only for actual work shown on a
subdivision or site plan or required by an approving resolution. Professionals
inspecting improvements under construction shall charge only for inspections
that are reasonably necessary to check the progress and quality of
the work and such inspections shall be reasonably based on the approved
development plans and documents.
s.
If the Municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspection of improvements, the Municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
t.
Application for certificate of nonconformity: $300.
u.
Special meeting (at request of applicant): $500.
v.
Request for zoning amendment: $250.
w.
Concept review (fee credited to future application for same site
within two years): $250
[Ord. #1196, § II]
a.
An applicant shall notify in writing the Township Council with copies
to the Chief Financial Officer, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for service rendered to the Municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to the provisions of
P.L. 1975, c. 291 (C. 40:55D-1 et seq.).
b.
The Township Council, or its designee, shall within a reasonable
time period attempt to remediate any disputed charges.
c.
If the matter is not resolved to the satisfaction of the applicant,
the applicant may in accordance with N.J.S.A. 40D-53.2a appeal to
the County Construction Board of Appeals established under Section
9 of P.L. 1975, c. 217 (C. 52:27D-127) any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the Municipal Engineer
pursuant to Section 15 of P.L. 1991, c. 258 (C. 40:55D-53.4).
d.
An applicant or his authorized agent shall submit the appeal in writing
to the County Construction Board of Appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the Municipality, the approving authority, and any professional whose
charge is the subject of the appeal.
e.
During the pendency of any appeal, the Township or approving authority
shall continue to process, hear, and decide the application for development,
and to inspect the development in the normal course, and shall not
withhold, delay, or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending under this section.
f.
The Chief Financial Officer of the Township may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed.
g.
If a charge is disallowed after payment, the Chief Financial Officer
of the Township shall reimburse the deposit or escrow account in the
amount of any such disallowed charge or refund the amount to the applicant.
h.
If a charge is disallowed after payment to a professional or consultant
who is not an employee of the Municipality, the professional or consultant
shall reimburse the Municipality in the amount of any such disallowed
charge.
[1]
Editor's Note: Former subsection 21-3.5, Hearings, previously
codified herein contained portions of Ordinance Nos. 587 and 643 and
1976 Code § 37-29.
[Ord. #587; Ord. #643; 1976 Code § 37-30; Ord.
#1434]
Public notice shall be given for a hearing on an application
for development whenever public notice is required either under the
New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or the
Municipal Code of the Township of Mahwah. In addition, public notice
shall be required whenever the Board of Adjustment is being requested
to exercise its powers under N.J.S.A. 40:55D-70(a) and N.J.S.A. 40:55D-70(b)
of the New Jersey Municipal Land Use Law. Whenever public notice is
required to be given, the applicant shall give notice as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Municipality at least 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 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 the
applicant's land is located. Such notice shall be given by serving
a copy thereof on the owners, 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 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 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 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 or 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 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Township Clerk, pursuant to N.J.S.A. 40:55D-10b.
g.
All notices hereinabove specified in this section shall be given
at least 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 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 hearing;
the nature of the matters 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 Township 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. #587; Ord. #643; Ord. #601; 1976 Code § 37-31]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, within seven days after receipt of request therefor and upon receipt of payment of a fee of $10, 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 subsection 21-3.6, paragraph b of this Chapter.
[Ord. #587; Ord. #643; 1976 Code #37-32]
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 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 Board for such service. A copy of the decision
shall also be filed in the office of the Township Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Township.
[Ord. #587; Ord. #643; 1976 Code § 37-33]
A brief notice of every final decision shall be published in
the official newspaper of the Township. Such publication shall be
arranged by the Secretary of the Planning Board or Zoning Board of
Adjustment, as the case may be, without separate charge to the applicant.
The notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
[Ord. #587; Ord. #643; 1976 Code § 37-34]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provisions for the payment thereof in such manner
that the Township will be adequately protected.
[Ord. #1195, § I]
Whenever a developer's agreement is required under Chapter 22 pursuant to a site plan approval and/or under Chapter 26 pursuant to a subdivision approval the following procedure shall be followed:
a.
Upon receipt of final approving authority approvals the Board Attorney shall prepare a draft developer's agreement. The Township Engineer shall prepare an estimate of the cost of improvements along with the estimate for a performance guarantee and inspection fees as required by Code Sections 22-7 and/or 26-7 and/or subsections 26-3.2d and/or 22-3.4f. Once the Board Attorney and the Attorney for the applicant have solved all issues regarding the form of the developer's agreement, the revised developer's agreement along with the Engineer's estimates shall be immediately forwarded to the Administrative Officer.
The Administrative Officer shall forward a copy to the Township
Clerk and Township Engineer. The Township Engineer shall review the
developer's agreement and make recommendations for revisions if needed.
If revisions are needed, the Board Attorney shall revise and forward
the developers agreement to the Administrative Officer. The Administrative
Officer shall then forward the revised copy to the Township Engineer
and Township Clerk. The Township Engineer shall then notify the Township
Clerk that the developer's agreement is ready to go on the Township
Council agenda.
b.
The Township Clerk shall then place the developer's agreement on
the next available agenda for the Township Council. The Township Council
shall by written resolution authorize the Mayor and Township Clerk
to sign the developer's agreement in a final form. The Council resolution
shall include a provision that copies of the resolution be forwarded
to the applicant and the Administrative Officer.
c.
The Administrative Officer shall then forward the original and five
copies of the developer's agreement to the developer.
d.
The developer shall then execute the original and five copies of
the developer's agreement and submit the signed agreements along with
the required performance guarantees and cash deposits and proof of
insurance to the Administrative Officer.
e.
Upon receipt of these documents from the developer, the Administrative
Officer shall:
1.
Forward a copy of the proposed guarantees to the Township Attorney
for his/her review and approval,
2.
Forward the original proposed guarantees to the Township Clerk for
safe-keeping,
3.
Forward a copy of the proof of insurance to the Township's Risk Management
Consultant for his/her review and approval,
4.
Forward the original proof of insurance to the Township Clerk for
safe-keeping,
5.
Transfer all cash deposits to the Township's Chief Financial Officer
for recording and deposit into the corresponding performance bond
and/or engineering inspection fee escrow accounts,
6.
Notify the Township Engineer as to the amount of the engineering
inspection fee deposited into escrow by the developer and whether
the amount represents the full engineering inspection fee or a partial
installment as provided for under the MLUL,
Upon approval of the proposed guarantees by the Township Attorney
and upon approval of the proof of insurance by the Township's Risk
Management Consultant, the Administrative Officer shall then deliver
the agreements to the Mayor and the Township Clerk for execution by
the Mayor and the Township Clerk.
f.
After execution by the Township, the Administrative Secretary to
the Mayor shall then forward the fully executed original and one copy
to the developer. The developer will then have the original recorded
at the County and forward same to the Township Clerk for retention.
The Administrative Secretary to the Mayor shall also forward a copy
to the Administrative Officer and the Township Engineer.
[Ord. #1195, § 2]
a.
Whenever a performance guarantee is required the following administrative
procedure shall be followed:
1.
The Administrative Officer shall upon receipt of the performance
guarantee maintain a log of the performance guarantee as well as expiration
dates of any performance guarantee.
2.
Ninety days prior to the expiration of any performance guarantee,
the Administrative Officer shall notify the Township Engineer and
the Township Clerk of the approaching expiration date. Sixty days
prior to the expiration date the Township Engineer shall furnish the
Township Clerk, the Administrative Officer and the developer with
a report on the current status of the project.
3.
Unless at least 30 days prior to the current expiration date, the
developer has submitted a replacement guarantee with an expiration
date at least 12 months in the future or the Township Engineer has
submitted a satisfactory completion report, then the Township Clerk
shall place the matter on the agenda of the next Township Council
meeting for the Council to take action upon the guarantee prior to
its expiration.
b.
Whenever a maintenance guarantee is required the following administrative
procedure shall be followed:
1.
If a maintenance guarantee is required to be posted, the guarantee
shall be delivered to the Administrative Officer. The Administrative
Officer shall:
(a)
Forward a copy of the maintenance guarantee to the Township
Attorney for his/her review and approval, and
(b)
Forward the original maintenance guarantee to the Township Clerk
for safekeeping.
Upon approval of the maintenance guarantee by the Township Attorney,
the Administrative Officer shall notify the Township Clerk who shall
place the matter of acceptance of the maintenance guarantee on the
next available Township Council meeting agenda.
Prior to reduction or release of any performance guarantee,
the Township Council shall have first accepted a maintenance guarantee.
2.
The Administrative Officer shall notify the Township Engineer and
the Township Clerk 90 days prior to the expiration date of all such
expiration dates. Sixty days prior to the expiration date the Township
Engineer shall furnish the Township Clerk, the Administrative Officer,
and the developer with a report on the current status of the project.
3.
Unless at least 30 days prior to the expiration date, the developer
has corrected all outstanding deficiencies as indicated in the Township
Engineer's status report on the project to the satisfaction of the
Township Engineer, or the Township Engineer has submitted a satisfactory
completion report, then the Township Clerk shall place the matter
on the agenda of the next Township Council meeting for the Council
to take action upon the maintenance guarantee prior to its expiration.
This procedure shall not preclude the Township from proceeding against
the guarantee during the maintenance period upon default by the developer
upon reasonable notice from the Township Engineer to correct deficiencies
in the installed improvements.
[Ord. #587; Ord. #643; 1976 Code § 37-35]
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 Municipality based on or made in the enforcement of Chapter 24, Zoning, or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in subsection 21-2.7, paragraph a of this Chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
(Reserved)
[Ord. #587; Ord. #643; Ord. #601; Ord. #872; 1976 Code § 37-37;
Ord. #1022]
a.
An appeal from any decision of the Zoning Board of Adjustment granting
a use variance, pursuant to the provisions of N.J.S.A. 40:55D-17d,
may be taken to the Township Council, provided that such appeal shall
be made within 10 days of the date of publication of such final decision
of the Zoning Board of Adjustment.
The Township Council shall conclude a review of the record not
later than 45 days from the date of receipt of the transcript of the
hearing unless the appellant consents, in writing, to an extension
of such period. The appellant shall arrange for a transcript of the
hearing, for use by the Township Council, and shall submit proof upon
the filing of his notice of appeal, or within 10 days thereof, that
he has ordered the transcript. The Township Clerk shall notify the
appellant that failure to order the transcript within the above time
shall result in the dismissal of the appeal. Failure of the Township
Council to hold a hearing and conclude a review of the record and
to render a decision within such specified period, without written
consent, shall constitute a decision affirming the action of the Board.
b.
In accordance with N.J.S.A. 40:55D-10(f), the governing body of the
Municipality may, upon affirmative vote by resolution, assume the
expense of any transcripts necessary for appeal to the governing body
of decisions by the Zoning Board of Adjustment pursuant to Section
40:55D-70(d) of the Municipal Land Use Act up to a maximum amount
of $5,000.
[Ord. #587; Ord. #643; 1976 Code § 37-38]
Whenever a term is used in this Chapter which is defined in
c. 291, P.L. 1975, such term is intended to have the meaning set forth
in the definition of such term found in the statute, unless a contrary
intention is clearly expressed from the context of this Chapter.
[Ord. #587; Ord. #643; 1976 Code § 37-39]
All sections of the Land Subdivision Ordinance, Site Plan Review
Ordinance or any other ordinance of the Township which contain provisions
contrary to the provisions of this Chapter shall be and are hereby
repealed to the extent of such inconsistency. Ordinance Nos. 125,
162, 175, 316 and 416 and Chapter 46 of the 1976 Code of the Township
of Mahwah are specifically repealed.[1]
[1]
Editor's Note: Ord. Nos. 125, 162 and 175 as well as Chapter
46 of the 1976 Code of the Township of Mahwah dealt with Planning
Board provisions. Ord. Nos. 316 and 416 amended the previous Zoning
Ordinance which has since been revised and superseded by Ord. No.
574.
[Ord. #587; Ord. #643; 1976 Code § 37-40]
Pursuant to the provisions of N.J.S.A. 40:55D-91, the substantive
provisions of the existing Land Subdivision Ordinance, Zoning Ordinance
and Site Plan Review Ordinance of the Township and the development
regulations set forth therein shall continue in full force and effect
for a period of six months from the effective date of act or until
the Township exercises the authority delegated by the statute to regulate
development, whichever occurs first.
[Ord. #587; Ord. #643; 1976 Code § 37-41]
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 21-4.
[Ord. #587; Ord. #643; 1976 Code § 37-42]
This Chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Township of Mahwah."
[Ord. #587; Ord. #643; 1976 Code § 37-43]
Immediately upon adoption of this Chapter, the Township Clerk
shall file a copy of this Chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
Ordinances.
[Ord. #587; Ord. #643; Ord. #601; 1976 Code § 37-44]
The following fees shall be paid to the Township Council, Planning
Board or Board of Adjustment, as applicable, for the services described
herein:
a.
Reproduction of Minutes of Meetings: $0.25 per page or the reproduction
costs to the Municipality, plus 10% for electronic minutes.
b.
Cost of Transcripts to Interested Parties: At cost to Municipality
plus 10%.
c.
Copy of Decisions: $0.25 per page.
d.
Certified List of Persons Requiring Notices: $10.
[Ord. #1062, §§ AI — AVI; Ord. #1313,
§ 3]
a.
Purpose. The Township of Mahwah recognizes that it has sites, districts,
structures, objects, roads and cemeteries of historic, architectural,
archaeological, cultural and scenic significance. It is in the interest
of the present and future residents of the Township of Mahwah and
the State to:
1.
Safeguard its historic, architectural, archaeological and cultural
heritage by protecting, preserving and conserving these historic sites,
districts, structures, objects, roads, and cemeteries;
2.
Insure that new development is compatible with the elements listed
above;
3.
Promote a desirable visual environment through creative development
techniques and maintain historic designs and arrangements;
4.
Promote the conservation and enhancement of property values therefore
strengthening the economy of the community;
5.
Prevent degradation through inappropriate action related to historic
sites, districts, structures, objects, roads, and cemeteries;
6.
Preserve and promote the historic district as an essential element
of Township character and identity;
7.
Protect and enhance the community's attractions to residents and
visitors;
8.
Foster civic pride by affording the Township, interested persons,
historical societies or organizations the opportunity to acquire or
arrange for the preservation of historic sites, districts, structures,
objects, roads, and cemeteries.
b.
Definitions. As used in this Chapter, the following terms shall mean
and include:
1.
Historic district shall mean one or more historic sites and intervening
or surrounding property significantly affecting or affected by the
quality and character of the historic site or sites.
2.
Historic site shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
has been formally identified in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
3.
Minor application shall mean any application for a permit not in
conjunction with an application for development to the Planning Board
or Board of Adjustment shall be considered as a minor permit if: (a)
there is no change to the structural members of the building, and
(b) the estimated cost of the proposed work is less than $5,000, and
(c) less than 5% of the historic structure is affected by the proposed
work. A demolition permit shall not be a minor application.
4.
Ordinary maintenance shall mean repairing any deterioration, wear
or damage to a structure, or any part thereof, in order to return
the same as nearly practicable to its condition prior to the occurrence
of such deterioration, wear or damage. Ordinary maintenance shall
further include replacement of exterior elements or accessory hardware,
including signs, using the same materials having the same appearance.
6.
Certificate of Appropriateness shall mean that the document issued
by the Commission which is required before any work may be commenced
on any historic landmark or any building, structure, site or object.
[Added 9-17-2020 by Ord.
No. 1915]
7.
Permit shall mean any required approval, including but not limited
to a certificate of appropriateness, construction permit, demolition
permit, or zoning permit.
[Added 9-17-2020 by Ord.
No. 1915]
c.
Commission Appointment; Qualifications; Terms; Vacancies; Procedure.
1.
Membership. The Commission shall consist of nine regular members
and two alternate members who shall serve without compensation and
who will be appointed by the Mayor. The Commission shall elect annually
from its membership a Chairperson to serve as presiding officer of
the Commission, and a Vice-Chairperson. The Commission shall select
a Secretary. The Secretary need not be a member of the Commission
or Municipal employee. The Secretary may, as determined by the Commission
and approved by the Township Business Administrator, be compensated
for services rendered to the Commission. The members of the Commission
shall be either from Class "A," Class "B" or Class "C." Class "A"
members are defined as persons who are knowledgeable in building design
and construction or architectural history and who may reside outside
the Municipality. Class "B" members are persons who are knowledgeable
or with a demonstrated interest in local history and who may reside
outside the Municipality. Of the total members of the Commission,
the total number of Class "A" and Class "B" members shall not be less
than four of the members.
All members not designated Class "A" or Class "B" members shall
be considered Class "C" members. Class "C" members are persons who
reside in the Municipality, hold no other municipal office, position
or employment except for membership on the Municipal Planning Board
or Board of Adjustment. All alternate members shall meet the qualifications
of Class "C" membership.
2.
Removal of Member/Vacancy. The Mayor and Township Council may remove
any member of the Commission for cause on written charges served upon
such member and after a hearing thereon, at which hearing the member
shall be entitled to be heard in person or by counsel. The hearing
may be held in public at the request of the member charged. A vacancy
on such Commission occurring otherwise than by expiration of term
shall be filled for the unexpired term in the same manner as an original
appointment.
3.
Terms of Office. The term of a regular member shall be four years.
The terms of the regular members first appointed under this act shall
be fixed so that to the greatest practicable extent the expiration
of terms shall be distributed evenly over the first four years after
their appointments by divisions of the terms into three one year terms.
The initial terms of office for alternate one members shall be for
a one-year term and alternate two for a two-year term, each term expiring
on June 30 of the calendar year of appointment. Terms for alternate
members shall be for two years.
4.
Voting Procedures. 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.
5.
Commission Records. The Commission shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record. All meetings shall be posted in the Town Hall 48 hours in advance; provided, however, that emergency meetings may be held without 48 hours' prior notice. The Commission meetings shall be subject to the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. No Commission member shall vote or participate in any meeting concerning any matter in which they have a direct or indirect personal interest, monetary or otherwise prohibited by the Township of Mahwah Code of Ethics, Chapter 2, Section 2-24 et seq. of this Code.
d.
Responsibilities of the Commission. The Historic Preservation Commission
shall have the following responsibilities:
1.
Prepare a survey of historic sites of the Township pursuant to criteria
identified in the survey report;
2.
Make recommendations to the Planning Board on the Historic Preservation
Plan Element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements;
3.
Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program;
4.
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110;
5.
Provide written reports on the application of the zoning ordinance
provisions concerning historic preservation on applications pursuant
to N.J.S.A. 40:55D-111;
6.
Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Municipality.
e.
Appointment of Professionals. The Township Attorney shall be the
attorney for the Commission at the rate of compensation determined
by the Township Business Administrator. The Commission may employ
or contract other experts and fix their compensation in accordance
with the budget of the Commission. No Commission expense shall exceed
the amount appropriated to it by the Township Council.
f.
Funding. The Mayor and Township Council shall annually appropriate
funds, within budget limitations for the operation of the Commission.
Expenditures shall not exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for the Commission's use. The Commission
shall endeavor to avail itself of financial assistance from Federal,
State or private sources. Subject to the approval of the Township
Administrator and vote of the Commission, members may be reimbursed
for reasonable expenses incurred in the performance of the Commission
provided funds are available in the Commission's budget. The Historic
Preservation Commission shall be assigned, for administrative purposes,
to the Department of Inspections.
[Ord. #1313, § 4]
The Planning Board and Board of Adjustment shall refer to the
Historic Preservation Commission every application for development
submitted to either Board for development on historic sites designated
on the Zoning or Official Map or identified in any component element
of the Master Plan. This referral shall be made when the application
for development is deemed complete or is scheduled for a hearing,
whichever occurs sooner. Failure to refer the application as required
shall not invalidate any hearing or proceeding. The Historic Preservation
Commission may provide its advice, which shall be conveyed through
its delegation of one of its members or staff to testify orally at
the hearing on the application and to explain any written report which
may have been submitted.
[Ord. #1313, § 5]
a.
Except for aspects of historic preservation determined by a Municipal agency in conjunction with an application for development under the preceding Code subsection 21-6.2, all applications for issuance of permits pertaining to historic sites shall be referred to the Historic Preservation Commission for a written report regarding the application of the Zoning Ordinance historic preservation provisions to the changes proposed in the permit application.
b.
The Historic Preservation Commission shall submit its report to the
administrative officer within 45 days of the referral of the permit
application to the Historic Preservation Commission. If within the
forty-five-day period the Historic Preservation Commission recommends
to the administrative officer against the issuance of a permit or
recommends conditions to the permit to be issued, the administrative
officer shall deny issuance of the permit or include the conditions
in the permit, as the case may be. Failure to report within the forty-five-day
period shall be deemed to constitute a report in favor of issuance
of the permit and without the recommendation of conditions to the
permit.
c.
In the case of a minor application for the issuance of a permit pertaining to a historic site, the Chairman of the Historic Preservation Commission (or in his absence the Vice Chairman) may act in the place of the full Commission for purposes of this subsection 21-6.3. The Chairman shall submit his report within 21 days of the referral of the minor permit application.
d.
A Certificate of Appropriateness (or "CA") issued by the Commission
shall be required before any work is commenced on any historic site
or within any historic district, whether or not a construction permit
is required for such work, including but not limited to the following
activities listed below. Work associated with a development application
requiring ultimate approval by the Planning Board or Zoning Board
of Adjustment is not exempt from this requirement.
[Added 9-17-2020 by Ord.
No. 1915]
1.
Changing the exterior appearance of any building, structure, site,
object or improvement by addition, reconstruction, alteration, replacement,
including but not limited to, the addition or alteration of windows,
doors, roofing, fences, signs, awnings, siding, porches, railings,
steps, materials, finishes, exterior lighting, solar panels, communication
devices, sidewalks, paving or streetscape work.
2.
Demolition of any building, structure, site, object or improvement.
3.
Relocation of a principal or accessory building, structure, site,
object or improvement.
4.
Any addition to or new construction of a principal or accessory building,
structure, site, object or improvement.
[Ord. #1313, § 6]
Review by the Historic Preservation Commission shall not be
required:
a.
When a historic site requires immediate emergency repair to preserve
the continued habitability of the landmark and/or health and safety
of its occupants or others. Emergency repairs may be performed in
accordance with Township codes, without the necessity of first obtaining
the Commission's review. Under such circumstances, the repairs performed
shall only be such that are necessary to maintain the habitability
of the structure. A request for the Commission's review shall be made
as soon as possible and no additional work shall be performed upon
the structure until an appropriate request for approval is made and
obtained in accordance with the procedures set forth in this section.
All work done under this section shall conform to the criteria set
forth in subsection 24-18.4.
b.
For changes to the interior of structures except for structures containing
more than 10,000 square feet.
c.
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require Commission review according to this criteria.
1.
Repair of existing windows and doors, using the same material. Installation
of storm windows that are compatible with the architectural period
or design of the subject structure.
2.
Maintenance and repair of existing roof material, involving no change
in the design, scale, material or appearance of the structure.
3.
Repair of existing roof structures, such as cupolas, steeples, dormers
and chimneys, using the same materials, which will not alter the exterior
architectural appearance of the structure.
4.
Replacement in kind of existing shingles, clapboards, or other siding
maintaining the architectural integrity of the structure.
5.
Maintenance and repair of existing shingles, clapboards or other
siding, using the same materials that are being repairs or maintained.
6.
Exterior painting of existing structures.
7.
Repairs to existing signs, shutters, outdoor display, fences, hedges,
street furniture, awnings, off street driveway and parking materials
and sidewalks, using the same material of those items noted above
being repairs.
