Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: This chapter has been enacted in conformance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., to revise administrative procedures for land use and development, including subdivision of land and zoning, in the Borough of Midland Park. Where conflicts or inconsistencies exist between this chapter and other chapters or sections of the Code, subsection 31-5.2 of this chapter has provided for the repeal of such inconsistencies. Action will be taken in the future by the Council to amend other sections of the Code in conformity with this chapter and the Land Use Law.
[1973 Code § 74-1]
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Borough of Midland Park, a Planning Board of seven (7) members, consisting of the following four (4) classes:
a. 
Class I. The Mayor.
b. 
Class II. One (1) of the officials of the Borough other than a member of the Governing Body, to be appointed by the Mayor.
c. 
Class III. A member of the Governing Body, to be appointed by it.
d. 
Class IV. Four (4) other citizens of the Borough, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office.
[1973 Code § 74-2]
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 (1) year or terminate at the completion of their respective terms of office, whichever occurs first.
b. 
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 is made.
[1973 Code § 74-3]
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[1973 Code § 74-4]
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 of the Planning Board or a municipal employee designated by it.
[1973 Code § 74-5]
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 Municipal Attorney.
[1973 Code § 74-4]
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, however, exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[1973 Code § 74-7]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and from time to time amend a Master Plan for the physical development of the Borough of Midland Park, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough of Midland Park, in accordance with the provisions of N.J.S.A. 40:55D-28.
b. 
To administer the provisions of Chapter 33, Land Subdivision and Chapter 32, Site Plan Review of the Revised General Ordinances of the Borough of Midland Park in accordance with the provisions of these regulations and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 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 consider and make a report to the Governing Body 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-26a, and also pass upon other matters specifically referred to the Planning Board by the Governing Body of the Borough of Midland Park, 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 Governing Body pursuant to the provisions of N.J.S.A. 40:55D-26b.
f. 
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 (1) lot.
2. 
Direction pursuant to N.J.S.A. 40:55D-34 for the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3. 
Direction pursuant to N.J.S.A. 40:55D-36 for the issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
g. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officers.
[1973 Code § 74-8; Ord. #793 § 1]
a. 
Minor Subdivisions. Minor subdivision approval shall be granted or denied within forty-five (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 one hundred ninety (190) days from the date of Planning Board approval unless within such period a plat in conformity with such approval in the provisions of the Map Filing Law or a deed as permitted by N.J.S.A. 40:55D-25 is filed by the property owner with the Bergen County Clerk, 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 Bergen County Clerk.
b. 
Preliminary Approval of 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 31-1.7f of this section, 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 from the Secretary of the Planning Board 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.
[1973 Code § 74-9; Ord. #793 § 2]
a. 
Time for Filing. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of the Municipal Land Use Law shall be filed with the Borough Clerk. The applicant shall file at least fourteen (14) days before the date of the monthly meeting of the Board, nine (9) copies of a sketch plat, nine (9) copies of an application for minor subdivision approval, nine (9) copies of an application for major subdivision approval or nine (9) copies of an application for site plan review or conditional use approval. 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 chapter or any rule of the Planning Board, and same shall be available for public inspection during normal business hours in the office of the Borough Clerk. The Borough Clerk shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting date of the Board.
b. 
Completeness of Application; Certification. An application for development shall be deemed complete for purposes of commencing the applicable time period for action by the Planning Board or Board of Adjustment when so certified by the applicable Board or its authorized committee or designee. In the event that the Board, committee or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on a checklist in the form set forth in this subsection and provided to the applicant, and (2) the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies of the application within forty-five (45) days of submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or in any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
c. 
Development Application Checklist. No application for development review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
Yes
No
( )
( )
(1)
Application form properly completed (14 copies).
( )
( )
(2)
Correct filing fee and escrow deposits.
( )
( )
(3)
Filing for soil erosion and sediment control.
( )
( )
(4)
Required variance or conditional use application.
( )
( )
(5)
Certification that property tax payments and assessments are current.
( )
( )
(6)
Proof that proper notice and publication of the application pursuant to N.J.S.A. 40:55D-12 has been made.
( )
( )
(7)
Ownership disclosure statement where required by law.
( )
( )
(8)
Appropriate number of plat maps submitted.
( )
( )
(9)
Flood fringe application, where required.
d. 
Site Plan Subdivision Application Checklist. No application for site plan subdivision review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
Scale 1" = 10'; 20'; 30'; 40'; 50'
Plan Legibility Satisfactory ( )
Unsatisfactory ( )
Yes
No
( )
( )
(1)
20 copies of plat.
( )
( )
(2)
Name, title, address, telephone number of the applicant, owner, person preparing plan, maps and accompanying data.
( )
( )
(3)
Place for signatures of the Chairman and Administrative Officer of the Planning Board.
( )
( )
(4)
Place for signature of Township Engineer.
( )
( )
(5)
Current tax map lot and block numbers of the premises affected.
( )
( )
(6)
Date, scale, north sign and key map at 1" = 200' scale.
( )
( )
(7)
Zone district of premises and the zone districts of all the immediately adjoining properties.
( )
( )
(8)
All existing/proposed setback dimensions, landscaped areas, trees over 8", fencing diameter size/type of planting/plan material on premises.
( )
( )
(9)
Existing and proposed signs, their size and type of construction.
( )
( )
(10)
Location, existing and proposed exterior lighting, including size, height, area direction of illumination, lumen power, including building security lighting plan isolux drawing where required.
( )
( )
(11)
Existing and proposed principal building accessory structures with dimensions.
( )
( )
(12)
Complete exterior building and elevation drawings of proposed structure(s).
( )
( )
(13)
The location, type, size of existing/proposed catch basins, all utilities, above and below ground.
( )
( )
(14)
The location, type, size of all existing/proposed curbs, sidewalks, driveways, fences, retaining wall, parking spaces. All off-street parking and loading area dimensions and schedules
( )
( )
(15)
Location, size, type of existing/proposed rights-of-way, easements, other encumbrances which may affect premises, location, size, description of lands contemplated for dedication to Township.
( )
( )
(16)
Location, size, nature of property, and contiguous property owned by the applicant or in which the applicant has direct or indirect interest.
( )
( )
(17)
Location, size, widths of all existing/proposed streets abutting premises and structures, property lines of all abutting properties with names, addresses of owners per tax map rolls.
( )
( )
(18)
Existing/proposed topography of site contour interval not less than 2 feet.
( )
( )
(19)
Storm Water Management Plan.
( )
( )
(20)
Soil Erosion and Sediment Control Plan.
( )
( )
(21)
Soil Removal Application (where applicable).
( )
( )
(22)
Traffic Study (where required by Board).
( )
( )
(23)
Environmental Impact Study (where required by Board).
( )
( )
(24)
Traffic Signage and Safety Plan.
( )
( )
(25)
Design review of building plans where required.
( )
( )
(26)
Escrow Agreement where required.
( )
( )
(27)
Description of proposed use(s) and estimated number of employees.
( )
( )
(28)
Any/all other information/dates necessary to meet any requirement of this ordinance/zoning/ subdivision ordinances not listed above.
e. 
Sketch and Minor Subdivision Plat Application Checklist. No application for sketch and minor subdivision plat review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
Plan Accuracy & Legibility Sufficient for Review:
Yes ( ) No ( )
Plat Size: Satisfactory ( ) Unsatisfactory ( )
Scale: Satisfactory ( ) Unsatisfactory ( )
Yes
No
( )
( )
(1)
20 copies of plat.
( )
( )
(2)
Location tract to be subdivided in relation to entire tract.
( )
( )
(3)
Key map at 1" = 200' scale.
( )
( )
(4)
Tax map sheet, block/lot number.
( )
( )
(5)
Name of owner and adjoining owners by most recent tax records.
( )
( )
(6)
Dimensions and bearing of all lot lines square footage of each lot.
( )
( )
(7)
All existing structures on tract to be subdivided and within 200' of entire tract.
( )
( )
(8)
All streets, existing/proposed easements and restrictions, streams, watercourses in or contiguous to property.
( )
( )
(9)
Zoning districts and location of zoning boundaries within subdivision.
( )
( )
(10)
Front, rear and side yard setback lines.
( )
( )
(11)
Name, address, and license number of person preparing map (N.J.L.S.).
( )
( )
(12)
Date of original, preparation of revision, tract, name, north arrow, graphic scale.
( )
( )
(13)
Escrow agreements where required.
f. 
Preliminary Major Subdivision Application Checklists. No application for preliminary major subdivision review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
Yes
No
( )
( )
(1)
20 copies of plat.
( )
( )
(2)
Plat drawn accurately to scale.
( )
( )
(3)
Key map at 1" = 200' scale.
( )
( )
(4)
Tract name, tax map sheet block/lot number, date, reference meridian, graphic scale.
( )
( )
(5)
(a) Name/address of record owner or owners.
( )
( )
(6)
(b) Name/address of subdivider.
( )
( )
(7)
(c) Name/address of person who prepared map.
( )
( )
(8)
Names of adjoining land owners by tax records.
( )
( )
(9)
Total acreage of tract to nearest tenth of an acre.
( )
( )
(10)
Contours at 5' intervals for slopes averaging 10 percent or more; 2' intervals for land of lesser slope; high/low points for new streets.
( )
( )
(11)
Typical cross sections, centerline profiles, tentative grades of proposed streets and traffic sight distances at intersections.
( )
( )
(12)
Location of existing/proposed property lines showing dimensions/ bearings.
( )
( )
(13)
Existing structures on tract to be subdivided and within 200'.
( )
( )
(14)
Location of existing/proposed streets, easements, water- courses, railroads, bridges, culverts, drain pipes/natural features, wooded areas/rock formations in/within 200' of the entire tract owned by the subdivider and all street names with copies of existing easements of record.
( )
( )
(15)
Proposed utility layouts.
( )
( )
(16)
Detailed plans of off-site/off-tract improvements.
( )
( )
(17)
Zoning districts/location of zoning boundaries within tract.
( )
( )
(18)
All setback lines.
( )
( )
(19)
Copy of any existing/proposed protective or restrictive covenant or deed restrictions applying to land being subdivided.
( )
( )
(20)
Location of open spaces to be dedicated for public parks, playgrounds, detention or retention basins or other public uses.
( )
( )
(21)
Individual lot areas including:
( )
( )
(22)
(a) Total lot areas.
( )
( )
(23)
(b) Area by ordinance measurement.
( )
( )
(24)
Preliminary grading and drainage system soil erosion and sedimentation requirements.
( )
( )
(25)
Storm Water Management Plan.[1]
( )
( )
(26)
Soil Removal Application.
( )
( )
(27)
Traffic Study (where required by Board).
( )
( )
(28)
Environmental Impact Study (where required by Board).
( )
( )
(29)
Traffic Signage and Safety Plan.
( )
( )
(30)
Accurate metes and bounds description of each new lot to be created.
[1]
Editor's Note: See Chapter 21, Stormwater Management for regulations pertaining to stormwater.
g. 
Final Major Subdivision Application Checklist. No application for final major subdivision review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
Prepared by P.E. or L.S. Yes ( ) No ( )
Yes
No
( )
( )
(1)
20 copies of plat.
( )
( )
(2)
Plat drawn accurately to scale.
( )
( )
(3)
Reduction of plat to a scale corresponding to the appropriate page of the Township Tax Map.
( )
( )
(4)
Date, name and location of the subdivision, name of owner and subdivider, graphic scale and reference meridian or north arrow.
( )
( )
(5)
Tract boundary lines, right-of-way line of streets, street names, easements and other public use, all lot lines and other side lines with accurate dimensions, bearings, or deflection angles and radii arcs and central angles of all curves.
( )
( )
(6)
The purpose of any easement of land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
( )
( )
(7)
Each block shall be numbered in conformance with the tax map of the Township and the lots within each new block shall be numbered consecutively beginning with the number one, and as required by the Tax Assessor or Township Engineer.
( )
( )
(8)
Minimum building setback lines on all lots and other sites as required by the zoning ordinance.
( )
( )
(9)
Location and description of all monuments.
( )
( )
(10)
Names of owners of adjoining land as indicated by the most recent records of the Township.
( )
( )
(11)
Certification of engineer or surveyor as to the accuracy of plat.
( )
( )
(12)
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
( )
( )
(13)
When approval of a plat is required by any officer or body of the Township, County or State, approval shall be certified on the plat.
( )
( )
(14)
Certification from Department of Health that each lot meets applicable percolation requirements.
h. 
Variance Application Checklists. No application for variance approval shall be deemed complete unless the following items, information and documentation where applicable are submitted to the Administrative Officer:
Yes
No
( )
( )
(1)
20 copies of accurate survey showing the property and all buildings existing and proposed.
( )
( )
(2)
Site plans submission details where required by the Board of Adjustment or by ordinance.
( )
( )
(3)
Complete building exterior and elevation drawings or the proposed structures or buildings.
( )
( )
(4)
Drawings of interior floor plan layout for proposed structure or buildings and adjoining rooms.
( )
( )
(5)
Photographs of existing structures, topographical features and structures on adjoining properties.
i. 
Waiver of Checklist Details or Requirements. An applicant for development may request, in writing from the appropriate Board, a waiver or elimination of specific checklist details or requirements. The Planning Board or Board of Adjustment, as the case may be, shall have the power and authority to waive or eliminate specific checklist details and requirements which are not deemed necessary to make an informed decision as to whether the requirements necessary for approval of an application have been met.
j. 
Applications for major and minor subdivision approval, major or minor site plan approval, variances approval and master development plan approval shall be made and filed in accordance with the requirements of this chapter, the subdivision and site plan review ordinance and the zoning ordinance, and shall contain all data and information required therein as well as all information contained in the checklists included in this subsection for determining completeness of application.
[1973 Code § 74-10]
The Mayor may appoint one (1) or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
[1973 Code § 74-11]
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.
[1973 Code § 74-12]
a. 
There is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., a Zoning Board of Adjustment consisting of seven (7) regular members and two (2) alternate members appointed by the Mayor. Both regular and alternate members shall be residents of the Borough of Midland Park. Alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members.
b. 
The term of each regular member shall be for four (4) years commencing January 1 of the year of his appointment.
c. 
The terms of the alternate members shall be for two (2) years commencing January 1 of the year of their appointment.
d. 
No member or alternate member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
e. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
[1973 Code § 74-13]
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.
[1973 Code § 74-14]
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
[1973 Code § 74-15]
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[1973 Code § 74-16]
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.
[1973 Code § 74-17]
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 power 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-70, 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.
[1973 Code § 74-18]
a. 
Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Borough affected by any decision of the Administrative Officer. Each appeal shall be taken within the sixty-five (65) days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with seven (7) copies of the notice with the Borough Clerk. The notice of appeal shall specify the grounds for said 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 Borough Clerk of the Borough of Midland Park. Seven (7) copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten (10) days prior to the date set for 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 Borough Clerk. The Borough Clerk shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting date of the Board.
c. 
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, 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.
[1973 Code § 74-19]
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the Administrative Officer from whom the appeal was taken.
[1973 Code § 74-20]
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 Governing Body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
[1973 Code § 74-21]
a. 
The Board of Adjustment shall have such powers as are granted by law to:
1. 
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 34, Zoning.
2. 
Hear and decide requests for interpretation of the Zoning Map or Chapter 34, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter 34, Zoning, to pass.
3. 
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 situations or conditions of such piece of property, the strict application of any regulation in Chapter 34, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for variance pursuant to the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-60a.
4. 
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.
b. 
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 Chapter 34, Zoning. 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.
[1973 Code § 74-22]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 31-2.10 of this section, have power given by law to:
a. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
b. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. 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 for a use variance pursuant to subsection 31-2.10a4 of this section.
[1973 Code § 74-23; Ord. #793 § 3]
The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or one hundred twenty (120) days after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70B. An application will be deemed complete in accordance with the procedures set forth in subsection 31-1.9 of this chapter. 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.
[1973 Code § 74-24]
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.
[1973 Code § 74-25]
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 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 (2) Board members, which meetings shall be held on notice to the Board's 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, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1973 Code § 74-26]
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 Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use, as provided for in the rules of the Board.
[1973 Code § 74-27; Ord. #789 § 1]
a. 
All fees as required shall be payable to the Borough of Midland Park at the office of the Borough Clerk at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given by the Planning Board or Zoning Board of Adjustment until proof has been submitted to them that the requisite fees have, in fact, been paid.
b. 
In addition to those established elsewhere by ordinance, all applicants or appellants to the Planning Board or Zoning Board of Adjustment or Governing Body shall pay the applicable fees established in Chapter 40, Fees and Charges; Land Development.
c. 
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 are 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.
d. 
Inspection/Professional Fees, Escrow Deposit.
1. 
In addition to the required application fees established herein, the applicant shall be required to establish one (1) or more escrow accounts with the Borough of Midland Park to cover the reasonable costs of professional review and consultation regarding said application, and any other costs associated with the application, including but not limited to advertising costs and tax map changes.
2. 
Said escrow deposit shall be required for all applications before the Planning Board and Board of Adjustment including but not limited to site plan, subdivision and conditional use approvals and for approval of all variances pursuant to the Municipal Land Use Law and for all applications for Zoning Ordinance amendments or amendments to the Master Plan.
3. 
Following the filing of an application, the Borough Engineer, the planning consultant, and the approving board attorney, water, sewer, and traffic consultants and any other professionals or consultants whose services are deemed necessary in connection with the application, shall submit an estimate of funds sufficient in amount to cover the reasonable costs of such technical reviews and consultations relative to the application. The applicant shall forthwith deposit, upon notice, funds to meet such estimate, which funds shall be required to be placed in an escrow by the Treasurer of the Borough of Midland Park to be used for the payment to the Borough Engineer, the planning consultant, the approving board attorney, water, sewer, and traffic consultants and any other professionals engaged who shall submit vouchers for all necessary and reasonable fees for examination and review, which fees shall be paid from the escrow account.
4. 
Whenever an applicant is required to deposit a sum in excess of five thousand ($5,000.00) dollars pursuant to this paragraph, that money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of interest earned thereon, except as otherwise provided in this paragraph, shall continue to be the property of the applicant and shall be held in trust by the Borough Treasurer. The Borough of Midland Park shall deposit said escrow in a banking institution or savings and loan association insured by an agency of the Federal government in an account bearing interest at no less that the minimum rate currently paid by the institution or depository on time or savings deposits. The Borough Treasurer shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Borough shall not be required to refund to the applicant an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, that entire amount in excess of one hundred ($100.00) dollars shall belong to the applicant and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Borough may retain for administrative expense a sum equivalent to thirty-three and one-third (33 1/3%) percent of that entire amount which shall be in lieu of all other administrative and custodial expenses relating to said escrow account. Any of the aforesaid monies left in the escrow account upon completion of the project or phase of the application procedures, as the case may be, shall be returned to the applicant as soon as it is practicably possible.
5. 
Should additional funds be required after the original funds are exhausted, such funds as shall in the judgment of the approving board be necessary shall be paid by the applicant to the Treasurer of the Borough of Midland Park and placed in the appropriate escrow accounts.
6. 
The applicant shall be responsible for payment of all the inspection fees charged by the Borough Engineer, water, and/or sewer consultants in making any inspection necessary because of the approvals granted pursuant to this chapter. The deposit required of the applicant for said inspections shall be six (6%) percent of the estimated improvements costs as determined for the performance bond.
7. 
The approving Board shall take no formal action unless all application fees and escrow fees have been paid to the Borough of Midland Park, nor shall an application be deemed complete until such fees and escrows have been paid.
[1973 Code § 74-28]
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. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
c. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys if represented, or directly if not represented, subject to the discretion of the presiding officer and to reasonable 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 unduly repetitious evidence.
e. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or 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.
[1973 Code § 74-29; Ord. #793 § 4]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., including conventional site plan review pursuant to N.J.S.A. 40:55D-46, minor subdivisions pursuant to N.J.S.A. 40:55D-47 and final subdivision approval pursuant to N.J.S.A. 40:55D-50:
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 the applicant's land is located; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common element or areas. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
c. 
Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to paragraph b of this subsection to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
d. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for 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-10.
g. 
All notices hereinabove specified in this subsection shall be given at least ten (10) days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Attorney for the Board holding the hearing on the application for development.
h. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
i. 
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the 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 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.
[1973 Code § 74-30]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Midland Park shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars, 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 31-3.6b of this section.
a. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution 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.
[1973 Code § 74-32]
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. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.
[1973 Code § 74-33]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or 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 said 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 provision for the payment thereof in such manner that the municipality will be adequately protected.
[1973 Code § 74-34]
a. 
Pursuant to the provisions of N.J.S.A. 40:55D-22, if an application for development is submitted to the Planning Board or Zoning Board of Adjustment proposing a development that is barred or prevented directly or indirectly by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board or Zoning Board of Adjustment shall process such application for development in accordance with said Act and this chapter, or rules and regulations as established by said Boards, and, if such application for development complies with the Borough's development regulations, the Planning Board or Zoning Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
b. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board or Zoning Board of Adjustment, the Planning Board or Zoning Board of Adjustment, as the case may be, shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that said Boards shall make a decision on any application for development within the time period provided in this Act or within an extension of such period as has been agreed to by the applicant, unless the Planning Board or Zoning Board of Adjustment is prevented or relieved from so acting by operation of law.
[1973 Code § 74-35]
An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the administrative officer of the borough based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal in the manner set forth in subsection 31-2.7 of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-69 et seq.
[1]
Editor's Note: Subsection 31-4.2, appeals from Planning Board to Governing Body, previously codified as 1973 Code § 74-36, was repealed in its entirety by Ordinance No. 793.
[1973 Code § 74-37; Ord. #793 § 6]
An appeal from any final decision of the Zoning Board of Adjustment approving any variance granted pursuant to N.J.S.A. 40:55D-70(d) may be taken by any interested party to the Governing Body, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Zoning Board of Adjustment. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
[1973 Code § 74-38]
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 found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1973 Code § 74-39]
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Zoning Board of Adjustment Ordinance and Planning Board Ordinance or any other ordinance of the Borough of Midland Park which contain provisions contrary to the provisions of this chapter shall be and are hereby to the extent of such inconsistency repealed.
[1973 Code § 74-40]
Pursuant to the provisions of c. 291, P.L. 1975, Section 81, the substantive provisions of the existing Land Subdivision Ordinance and Zoning Ordinance of the Borough of Midland Park and the development regulations set forth therein shall continue in full force and effect for a period of six (6) months from the effective date of said Act or until the Mayor and Council of the Borough of Midland Park exercise the authority delegated by said Act to regulate development, whichever occurs first.
[1973 Code § 74-41]
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 applications shall be governed by the provisions of Section 31-4 of this chapter.
[1973 Code § 74-42]
This chapter shall be known and may be cited as the "Land Use Procedures of the Borough of Midland Park."
[1973 Code § 74-43]
This chapter shall take effect on February 1, 1977.
[1973 Code § 74-44]
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 municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Regulations.