Editor's Note: This chapter has been enacted in conformance with the provisions of the Municipal Land Use Law (c. 291, P.L. 1975) to revise administrative procedures for land use and development in the Township of Fairfield. Where conflicts or inconsistencies exist between this chapter and other chapters or sections of the Code, Subsection 40-5.2 has provided for the repeal of such inconsistencies. Action will be taken in the future by the Mayor and Council to amend other sections in the Code in conformity with this chapter and the Land Use Law.
[1969 Code § 36A-1; Ord. No. 617; Ord. No. 980 § 1]
There is hereby established, pursuant to c. 291, P.L. 1975,
in the Township of Fairfield, a Planning Board of nine members consisting
of the following four classes:
a.
Class I: The Mayor.
b.
Class II: one of the officials of the municipality 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: six other citizens of the municipality 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.
e.
There shall be two alternates, appointed by the Mayor, who must meet
the qualifications of Class IV members. The alternate members shall
serve for terms of two years; provided, however, that in the event
that two alternate members are appointed, the initial terms of such
members shall be one and two years respectively. Thereafter, successor
terms shall be for two years. Such alternate members shall be classified
as "Alternate No. 1" and "Alternate No. 2" by the Mayor at the time
of appointment.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of any
regular member of any class. 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.
[1969 Code § 36A-2; Ord. No. 617]
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.
b.
The term of 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; provided, however, that no term
of any member shall exceed four years and further provided that nothing
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
[1969 Code § 36A-3; Ord. No. 617]
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.
[1969 Code § 36A-4; Ord. No. 617]
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.
[1969 Code § 36A-5; Ord. No. 617]
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.
[1969 Code § 36A-6; Ord. No. 617]
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 Township Council for its use.
[1969 Code § 36A-7; Ord. No. 617]
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 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.
b.
To administer the provisions of Land Subdivision Ordinance and Site
Plan Review Ordinance of the Township in accordance with the provisions
of the ordinances 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 annually prepare a program of municipal capital improvement projects,
if requested and authorized by the Governing Body, projected over
a term of six years, and amendments thereto, and recommend same to
the Township Council pursuant to N.J.S.A. 40:55D-29.
f.
To consider and make report to the Governing Body 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.
g.
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 Section 57c of c. 291, P.L. 1975, 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 Section 25 of the Act for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to Section 23 of the Act.
3.
Direction pursuant to Section 27 of the Act for 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.
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Mayor and Council for the aid and assistance
of the Governing Body or other agencies or officers.
[1969 Code § 36A-8; Ord. No. 617]
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 the 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 Municipal Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
b.
Preliminary Approval 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 the 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 40-1.7g, 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 on 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 the 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 the signing of the plat.
[1969 Code § 36A-9; Ord. No. 617]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, P.L. 1975, shall
be filed with the Secretary of the Planning Board. The applicant shall
file, at least 14 days before the date of the monthly meeting of the
Board, 14 copies of a sketch plat, 14 copies of an application for
minor subdivision approval, 14 copies of an application for major
subdivision approval or 14 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 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 shall inform
the applicant of the steps to be taken to initiate applications and
of the regular meeting dates of the Board.
[1969 Code § 36A-10; Ord. No. 617]
The Mayor may appoint one or more persons as a Citizens'
Advisory Committee to assist or collaborate with the Planning Board
n 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.
[1969 Code § 36A-11; Ord. No. 617]
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.
[1969 Code § 36A-12; Ord. No. 617]
a.
A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven members appointed by the Mayor
and 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 term
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 terms for which they were appointed.
b.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
c.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
[1969 Code § 36A-12.1; Ord. No.
662; Ord. No. 2005-01 § 1]
There is hereby established the position of Alternate No. 1,
Alternate No. 2, Alternate No. 3 and Alternate No. 4 as alternate
members of the Zoning Board of Adjustment. Alternate No. 1, Alternate
No. 2, Alternate No. 3 and Alternate No. 4 shall be appointed and
designated by the Governing Body in the same manner as other regular
members of the Board of Adjustment. Said alternates shall serve in
rotation during the absence or disqualification of any regular member
or members of the Zoning Board of Adjustment. The term of each alternate
member shall be two years.
[1969 Code § 36A-13; Ord. No. 617]
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.
[1969 Code § 36A-14; Ord. No. 617]
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.
[1969 Code § 36A-15; Ord. No. 617]
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.
[1969 Code § 36A-16; Ord. No. 617]
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.
[1969 Code § 36A-17; Ord. No. 617]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 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 c. 291, P.L.
1975, 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.
[1969 Code § 36A-18; Ord. No. 617]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department, board or bureau of the municipality
affected by any decision of the Administrative Officer. Each appeal
shall be taken within the 65 days prescribed by the Statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with three copies of the notice with the Secretary of the
Board of Adjustment. The notice of appeal shall specify the grounds
for the appeal. The 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
to which the decision repealed 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.
[1969 Code § 36A-19; Ord. No. 617]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of c. 291, P.L. 1975, or amendments
thereto or subsequent statutes applying, reverse or affirm, wholly
or partly, or modify the order, 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.
[1969 Code § 36A-20; Ord. No. 617; Ord. No. 2003-10 § 1]
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 12 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.
[1969 Code § 36A-21; Ord. No. 617]
a.
The Board of Adjustment shall have such powers as are granted by
law to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.
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 situation
or condition of such piece of property, the strict application of
any regulation in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardship
upon the owner of such property, grant, upon an application or an
appeal relating to such property, a variance from such strict application,
of such regulation, so as to relieve such difficulties or 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 a variance pursuant to Section 47a
of the Municipal Land Use Law of 1975, c. 291, P.L. 1975.
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 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 Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
[1969 Code § 36A-22; Ord. No. 617]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection 40-2.11 have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
b.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of c. 291, P.L. 1975, 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 40-2.11a4 of this chapter.
[1969 Code § 36A-23; Ord. No. 617]
The Board of Adjustment shall render its decision not later
than 120 days after the date an appeal is taken from the decision
of an Administrative Officer or not later than 120 days after the
date of the submission of a complete application for development to
the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure
of the Board to render a decision within such 120-day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
[1969 Code § 36A-24; Ord. No. 617]
Any application which is denied by the Board of Adjustment shall
not be again considered by the Board, except as provided herein and
pursuant to Chapter 291 of the Laws of the State of New Jersey 1975,
until two years' time lapses from the date of the Board's
resolution of denial.
[1969 Code § 36A-25; Ord. No. 617]
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.
[1969 Code § 36A-26; Ord. No. 617]
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 Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of c. 291, P.L. 1975.
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, Chapter 231, Laws
of New Jersey 1975. An executive session for the purpose of discussing
and studying any matters to come before either Board shall not be
deemed a regular or special meeting in accordance with the provisions
of N.J.S.A. 40:55D-9.
[1969 Code § 36A-27; Ord. No. 617]
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.
[1969 Code § 36A-28; Ord. No. 617; Ord. No. 2011-03 § 3]
Fees for applications or for the rendering of any service of the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs are set forth in § 40-7 of the Fairfield Township Land Use Procedures Ordinance.
[1969 Code § 36A-29; Ord. No. 617]
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 stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
[1969 Code § 36A-30; Ord. No. 617]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the municipality at least 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 owner as shown on the current tax duplicate
or his agent in charge of the property or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
the current tax duplicate. A return receipt is not required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving property located within 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 Subsection 40-3.6b 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 situated 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 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 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 Section 6b of c. 291, P.L. 1975.
g.
All notices hereinabove specified in this subsection 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 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.
[1969 Code § 36A-31; Ord. No. 617]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven days after receipt of a 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 40-3.6b.
[1969 Code § 36A-32; Ord. No. 617]
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, 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 Township Clerk, who shall
make a copy of the 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.
[1969 Code § 36A-33; Ord. No. 617]
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.
[1969 Code § 36A-34; Ord. No. 617]
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 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 the taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the Township will be adequately protected.
[1969 Code § 36A-35; Ord. No. 617]
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 the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in Subsection 40-2.8a of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[1969 Code § 36A-36; Ord. No. 617; Ord. No. 640]
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 Governing Body, 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.
b.
Furnishings and Filing of Transcripts.
1.
Any person appealing a decision of the Board of Adjustment to the
Mayor and Council shall, within five days of filing such appeal, furnish
an affidavit of a certified court reporter attesting that a transcript
of testimony of the Board of Adjustment has been ordered and will
be supplied.
2.
An original and six copies of all transcripts or transcriptions shall
be filed with the Township Clerk no later than 30 days from the filing
of the notice of appeal.
[1969 Code § 36A-37; Ord. No. 617]
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 the term found in the Statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1969 Code § 36A-38; Ord. No. 617]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of the Township
of Fairfield which contain provisions contrary to the provisions of
this chapter shall be and are hereby, to the extent of such inconsistency,
repealed.
[1969 Code § 36A-39; Ord. No. 617]
Pursuant to the provisions of c. 291, P.L. 1975, Section 81,
the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of the Code of the
Township of Fairfield and the development, regulations set forth therein
shall continue in full force and effect until the Township exercises
the authority delegated by Chapter 291, Laws of the State of New Jersey
1975, to regulate development.
[1969 Code § 36A-39; Ord. No. 617]
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 § 40-4 of this chapter.
[1969 Code § 36A-41; Ord. No. 617]
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Township of Fairfield."
[1969 Code § 36A-42; Ord. No. 617]
This chapter shall take effect on January 10, 1977.
[1969 Code § 36A-43; Ord. No. 617]
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. No. 2005-16 § 1; Ord. No. 2007-05 § 1]
Applications for development made to the Township Planning Board
or Zoning Board of Adjustment shall not be deemed complete until all
information required pursuant to the appropriate checklist referenced
herein is provided, unless a waiver is granted by the Board or its
authorized committee pursuant to N.J.S.A. 40:55D-10.3. These checklists
include the following:
Form Appendix A. General Requirements for all Development Applications.
Form 1 (Informal (Concept) Subdivision);
Form 2 (Informal (Concept) Site Plan);
Form 3 (Minor Site Plan);
Form 4 (Minor Subdivision);
Form 5 (Preliminary Major Site Plan);
Form 6 (Preliminary Major Subdivision);
Form 7 (Final Major Site Plan or Final Major Subdivision);
Form 8 (Appeals and/or Interpretation of Ordinance);
Form 9 ("D" Variance Applications); and
Form 10 ("C" Variance Application) which checklists are annexed
hereto and incorporated herein by reference, and shall be provided
to applications for development.
[1]
Editor's Note: The Checklists referred to herein may
be found on file in the office of the Township Clerk.
[Ord. No. 2017-23]
a.
All subdivision plans are to include an engineer's or surveyor's
statement as to which lots, if any, are partially or completely located
in an area of special flood hazard identified pursuant to the National
Flood Insurance Act of 1968.
b.
Property records should show all special requirements that have been
imposed as a condition of building in a floodplain. A record of each
variance, special use permit, and conditional use permit, and all
conditions and stipulations attached thereto, shall be provided to
the County Recorder of Deeds to be filed with the record of the property.
c.
All developments are to include a fire truck turning radius plan
based on the specifications of the Township of Fairfield fire truck.
[Added 2-25-2019 by Ord.
No. 2019-01]
[Ord. No. 2011-03 § 4]
The following escrow fees are due at the time of the initial filing of an appeal, interpretation variance or an application for development. As these escrows are depleted, additional escrow monies may be required as set forth in Subsection 42-3.5c2.
|
Category
|
Fee
| |
|---|---|---|
|
a.
|
Major Subdivision:
| |
|
Less than 5 lots
|
$1,500
| |
|
5 to 10 lots
|
$400/lot
| |
|
10 or more lots
|
$500/lot
| |
|
b.
|
Minor Subdivision:
| |
|
Max. 3 lots
|
$500/lot
| |
|
c.
|
Site Plan:
| |
|
Minor Site Plan (less than 1,500 square feet any combination
of new construction, renovation or site improvements)
|
$1,000/1,000
$1,000 Min.
| |
|
Major Site Plan (greater than 1,500 square feet in area for
any combination of new construction, renovation or site improvements)
|
$750 + $100/ 1,000 square feet
$10,000 max.
| |
[Ord. No. 2011-03 § 4]
Bulk variance application fees are as follows:
|
Nonresidential
|
$200/variance
$1,500 min.
|
|
Residential
|
$1,000
|
[Ord. No. 2011-03 § 4]
Use variance fees are as follows:
|
Nonresidential
|
$5,000
|
|
Residential
|
$1,000
|
[Ord. No. 2011-03 § 4]
|
Category
|
Fee
| |
|---|---|---|
|
a.
|
Minor Subdivision
|
$125+ $25/lot
|
|
b.
|
Major Subdivision Sketch Plat
|
$125+ $25/lot
|
|
c.
|
Major Subdivision Preliminary Plat
|
$200+ $25/lot
|
|
d.
|
Final Major Subdivision
|
$150+ $25/lot
|
|
e.
|
Preliminary Minor Site Plan
|
$125+ $25/500 square feet
Floor Area
|
|
f.
|
Preliminary Major Site Plan
|
$150+ $25/1,000 square feet
|
|
g.
|
Final Minor Site Plan
|
$150
|
|
h.
|
Final Major Site Plan
|
$250
|
|
i.
|
Revised Site Plan
|
$250
|
|
j.
|
Informal/Conceptual Review
|
$200
|
|
k.
|
C Variances(residential)
|
$50
|
|
l.
|
C Variance (nonresidential)
|
$100/variance
min. $200
|
|
m.
|
Use (D) Variance(residential)
|
$300
|
|
n.
|
Use (D) Variance (nonresidential)
|
$500
|
|
o.
|
Interpretation under N.J.S.A. 40:55-70b
|
$200
|
|
p.
|
Appeal under N.J.S.A. 40:55-70a
|
$200
|
