[Ord. No. 97-6 § 1]
The Planning Board previously established pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) is hereby continued in the
Borough and shall consist of nine members consisting of the following
four classes:
CLASS I — The Mayor, or the Mayor's designee in the absence
of the Mayor.
CLASS II — One of the officials of the municipality other
than a member of the Governing Body to be appointed by the Mayor.
CLASS III — A member of the Governing Body to be appointed
by it.
CLASS IV — Six other citizens of the municipality to be
appointed by the Mayor. The members of Class IV shall hold no municipal
office, position or appointment except that one member may be a member
of the Board of Education. A member of the Environmental Commission
who is also a member of the Planning Board, as required by N.J.S.A.
40:56A-1, shall be a Class IV Planning Board member.
[Ord. No. 97-6 § 1]
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. The term of the
Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his term
of office as a member of the Environmental Commission, whichever occurs
first.
b.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
Board 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 terms shall be distributed evenly over the
first four years after their appointment as determined by resolution
of the of the Governing Body; provided, however, that no term of any
member shall exceed four years, and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be provided. All terms shall run from January 1 of the
year in which the appointment is made, unless an appointment is made
to fill an unexpired term.
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.
The Planning Board shall elect a chairman and vice-chairman
from the members of Class IV, select a secretary who may or may not
be a member of the Planning Board or a municipal employee.
[Ord. No. 97-6 § 1]
The Planning Board shall have the following powers:
a.
To make and adopt and from time to time amend a Master Plan for the
physical development of the Borough, including any areas outside its
boundaries which in the Board's judgment, bear essential relation
to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
b.
To exercise all powers granted to a Planning Board by the provisions
of N.J.S.A. 40:55D-26a.
c.
To administer the provisions of this Chapter in accordance with the
provisions of said ordinances and the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
d.
To participate in the preparation and review of programs or plans
required of the Planning Board by state or federal law of regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
Upon request, to assist the Governing Body in preparation of a program
of municipal capital improvement projects and amendments thereto.
g.
To consider and make reports 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 Mayor and Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
h.
To review applications for conditional use approval.
i.
To exercise, to the same extent and subject to the same restrictions,
all the powers granted by law to a Zoning Board of Adjustment.
j.
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.
k.
To annually prepare and adopt by resolution a report of its findings
on zoning ordinance provisions which were the subject of variance
requests and its recommendations for zoning ordinance amendment or
revision, if any, be sent to the Governing Body.
[Advisory Committee deleted by Ord. No. 12-2015]
a.
There may be four alternate members of the Planning Board appointed
by the Mayor and meeting the qualifications of Class IV members. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. I", "Alternate No. 2", "Alternate No. 3" and "Alternate
No. 4". The terms of the alternate members shall be for two years,
except that the term of not more than two alternate members shall
expire in any one year; and provided further that in no instance shall
the terms of the alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
[Ord. No. 02-12]
b.
No alternate member shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
An alternate member may, after public hearing if he requests one,
be removed by the Mayor and Council for cause.
c.
The alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. No. 97-6 § 1]
Class I and Class III members of the Planning Board shall not
participate in the consideration of any application for development
which involves relief pursuant to N.J.S.A. 40:55D-70d.
[Ord. No. 97-6 § 2]
The Zoning Board of Adjustment was created by ordinance pursuant
to the terms of N.J.S.A. 40:55D-69. The aforementioned statute mandates
the creation of a Zoning Board of Adjustment upon the adoption of
a zoning ordinance unless the municipality is eligible for, and exercises,
the option of creating a nine member Planning Board to exercise all
of the powers and duties of the Board of Adjustment as provided by
N.J.S.A. 40:55D-25c. The Borough meets the criteria established in
N.J.S.A. 40:55D-25c and has determined that it is in the public's
interest to abolish the Zoning Board of Adjustment and allow the Planning
Board to exercise its powers and duties.
[Ord. No. 97-6 § 2]
a.
The Zoning Board of Adjustment is hereby abolished and all of the
powers and duties granted by law to the Board are hereby transferred
to the Planning Board pursuant to the authority established in N.J.S.A.
40:55D-25c.
b.
All members, officers and employees of the Zoning Board of Adjustment
as of the effective date of this Chapter shall be discharged from
their positions, offices or employment.
[Ord. No. 97-6 § 2]
All references to "Board of Adjustment" contained in this Chapter
shall be deemed to be deleted or to refer to the "Planning Board"
or "Board" as the case may be.
[Ord. No. 97-15]
Any variance from the terms of the Zoning Ordinance hereafter
granted by the Planning Board 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 variances, or unless such permitted use has actually been
commenced, within 24 months from the date of publication of the notice
of the judgment or determination of the Planning Board; 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
Planning Board to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
[Ord. No. 97-6 § 3]
No member of the planning Board shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
[Ord. No. 97-6 § 3]
All members of the Planning Board shall serve without compensation.
[Ord. No. 97-6 § 3]
There is hereby created the office of attorney for the Planning
Board. The Board may annually appoint and fix the compensation for
its attorney. Such compensation shall be within the appropriation
made by the Governing Body. The Planning Board attorney shall not
be the Borough Attorney.
[Ord. No. 97-6 § 3]
The Board may 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.
[Ord. No. 97-6 § 3]
The Planning Board shall adopt such rules, regulations and bylaws
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 (N.J.S.A. 2A:67-1 et seq.) shall apply.
[Ord. No. 97-6 § 3]
a.
Meetings of the Planning Board shall be scheduled at least once a
month, unless cancelled for lack of applications.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of all members present
except as otherwise required by any provisions of the Municipal Land
Use Law.
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 Act (N.J.S.A. 10:4-6
et seq.).
f.
A member of the Planning Board who was absent for one or more of
the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent, and certifies in writing
to the board that he has read such transcript or listened to such
recording.
[Ord. No. 97-6 § 3]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party shall be charged
a fee for reproduction of the minutes for his use as provided for
by ordinance.
[Ord. No. 99-3 §§ 1-5, Ord. No. 08-08 § 3, Ord. No. 10-11 §§ 2-4]
Fees for applications or for the rendering of any service by
the Board or any member of their administrative staff shall be as
follows:
a.
Application Fee. All application for development, interpretation
of the Land Development Chapter or to appeal a decision of the Zoning
Officer, shall be accompanied by a processing fee as listed below.
This is a non-refundable fee used to defray the cost of processing
the application.
Residential Application Fee: $100.
Nonresidential Application Fee: $200.
b.
Escrow Deposit(s). In addition to the application fees required above,
all applicants shall be responsible to reimburse the Borough for payments
made to professionals for services rendered to the Borough related
to such application, appeal or other matter. Such services shall include
the review of applications for development, review and preparation
of documents, inspections of improvements or other purposes under
the provisions of this chapter of the Municipal Land Use Law.
(1)
Initial Development Deposit. Applications for development shall be
accompanied by an initial escrow deposit as listed below:
Residential Initial Deposit: $1,000.
Nonresidential Initial Deposit: $2,500.
(2)
Interpretations and Appeals. Applications for an interpretation of
the Land Development Chapter or to appeal a decision of the Zoning
Officer shall be accompanied by an escrow deposit of $500 for each
section or subsection of the Land Development Chapter for which interpretation
is requested, if professional services are required by the Borough.
Application to appeal a decision of the Zoning Officer shall
be accompanied by an escrow deposit of $500 for each decision being
appealed, if professional services are required by the Borough.
(3)
Requests to amend Master Plan, Zoning Map or Land Development Code.
A request made to the Planning Board to propose an amendment to the
Master Plan, Zoning Map or Land Development Chapter shall require
an initial deposit in accordance with item (1) above. For requests
concerning a zone change from residential to nonresidential and vice
versa, the initial deposit shall be as required for nonresidential
development. For requests concerning a regulation applicable to residential
and nonresidential development, the initial deposit shall be as required
for residential development.
(4)
Subsequent Deposits for Professional Services. In the event that
the amount in the individual account for professional services should
become depleted to less than 25% of the initial deposit required by
this Chapter, and if the Administrative Officer determines that additional
funds are necessary to cover the cost of processing the application,
the Administrative Officer shall notify the applicant immediately
of such depletion. Upon receiving such notice, the applicant shall
deposit additional funds as necessary to make the amount in the account
not less than 50% of the initial deposit required by this Chapter
for professional services.
(5)
Failure to Maintain Deposit for Professional Services. If the required
funds for professional services are not deposited in a timely manner;
the Administrative Officer shall notify the Borough agency having
jurisdiction over the application, and shall send copies of the notification
to the Borough Finance Officer. Upon receipt of the copy of notification,
the Finance Officer shall immediately inform the Mayor and Borough
Council of the notification. No further action shall be taken on the
application unless the deposits have been made by the applicant as
required above. In the event that the time for action by a Borough
agency, or any extension thereof, as required by this Chapter shall
expire prior to the payment of the required deposits, the reviewing
agency shall have the option of dismissing the application.
(6)
Vouchers for Payment of Professional Services. All payments charged
to a deposit required by this section shall be made pursuant to written
monthly vouchers for each application from the professional(s) stating
the hours spent, the hourly rate and the expenses incurred. The Borough
shall render a written final accounting to the applicant on the uses
to which the deposit was put.
(7)
Rates of Payment for Professional Services. If the salary, staff
support and overhead for a professional are provided by the Borough,
the hourly rate charged to the deposit from the professional shall
not be greater than twice the hourly base salary of the professional.
For other professionals, the charge to the deposit shall be at the
same rate as all other work of the same nature by the professional
for the Borough. Rates for professional services shall be in accordance
with a schedule of professional fees filed annually with the Administrative
Officer and maintained in the office of the Borough Clerk for public
inspection.
(8)
Procedure for Payment of Vouchers; Appeals of Charges. The following
procedure shall apply to the payment of vouchers for professional
services pursuant to the section:
(a)
Upon receipt of any vouchers for payment of professional services,
the Administrative Office shall submit a copy of the voucher to the
applicant.
(b)
Within 14 days of the mailing of the voucher, the applicant
may request in writing a hearing on the reasonableness of the charges
contained in the vouchers. Any such hearing shall be held by the Borough
agency with jurisdiction over the application.
(c)
In the event the applicant requests such hearing, no payments
shall be made pursuant to the disputed voucher(s) until the Borough
agency shall have ruled on the appeal. If the Borough agency finds
in favor of the applicant, payment pursuant to the voucher(s) shall
be adjusted accordingly.
(d)
All vouchers for payment of professional services pursuant to
this section shall be submitted to the Borough agency for whom the
services were performed. The Borough agency shall at a public hearing
approve or deny payment of the vouchers. No voucher shall be denied
payment without giving the professional submitting the voucher an
opportunity to be heard concerning the reasonableness of the voucher.
(e)
If no hearing is requested as outlined above, or if the Borough
agency finds in favor of the professional, payment shall be made pursuant
to the voucher.
(f)
If approved by the Borough agency, the voucher shall be directed
to the Borough Finance Officer who shall immediately advise the Mayor
and Borough Council of his receipt of the vouchers.
c.
Special Meeting. Should the Planning Board, at the request of any
applicant or applicant's authorized representative, or where the Board
finds a necessity concerning any matter within the Board's jurisdiction,
schedule a special meeting in respect to such matter, the person,
firm, or corporation for which said meeting is scheduled shall pay
a fee of five hundred ($500) to defray the costs of scheduling and
holding such special meeting. This fee shall be in addition to all
other fees and charges heretofore or hereafter established.
d.
Hiring of Consultant or Specialists. In the event that the Planning
Board finds it necessary to obtain the advice or testimony of specialists
or consultants in connection with an application, such specialists
or consultants shall be compensated by the applicant as reasonably
required by the Board. Advice or testimony of such consultants shall
be given at the hearing with full right of cross-examination afforded
to the applicant.
e.
Administration of Deposits. Deposits received for professional services
employed by the Borough to review applications for development for
Borough inspection fees in accordance with this Chapter, or to satisfy
the guarantee requirements of this Chapter shall be administered in
accordance with the following provisions:
(1)
Deposits to be Held in Escrow. Whenever an amount of money in excess
of $5,000 shall be deposited by an applicant with the Borough, the
money, until repaid or applied to the purposes for which it is deposited,
including the applicant's portion of the interest earned thereon,
except as otherwise provided in this Chapter, shall continue to be
the property of the applicant and shall be held in trust by the Borough.
Deposits received pursuant to this section shall be held in escrow
and deposited in a banking institution or savings and loan association
in New Jersey insured by an agency of the Federal Government, or any
other fund or depository approved for such deposits by the State of
New Jersey. Such deposits shall be placed in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The Borough 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.
(2)
Refund of Deposits; Interest. Any of the funds remaining in the deposit
upon completion of the purpose for which the deposit was made shall
be returned to the applicant and the account shall be terminated.
For deposits over $5,000 placed in an interest bearing account pursuant
to this Chapter, refunds of interest shall be made as follows:
(a)
The Borough shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year.
(b)
If the amount of interest exceeds $100 for the year, that entire
amount 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 expenses a sum equivalent
to no more than 1/3 of that entire amount, which shall be in lieu
of all other administrative and custodial expenses.
f.
Waiver of Fees. The Planning Board may waive any part or all of any
fee established herein if the applicant is a charitable, philanthropic,
fraternal and/or religious non-profit organization holding a tax exempt
status.
a.
Rules. The Board shall make rules governing the conduct of hearings,
which rules shall not be inconsistent with the provisions of the Municipal
Land Use Law 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
(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. The 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. The cost
of said transcript shall not be in excess of the limits prescribed
in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing
by the transcriber to be accurate.
f.
Maps and Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Boards. The applicant may produce other
documents, records, or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
a.
Public Notice. Public notice of a hearing shall be given by the applicant
in the following cases:
b.
Public Notice Procedures.
(1)
Notice shall be given by publication in the official newspaper
of the Borough at least 10 days prior to the date of the hearing.
(2)
Notice shall be given to the owners of all real property as
shown on the current tax duplicate, located in the State and within
200 feet in all directions of the perimeter of the property which
is the subject of such hearing; 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 shall be
given by: (a) serving a copy thereof on the property owner as shown
on the said current tax duplicate, or his agent in charge of the property,
or (b) mailing a copy thereof by certified mail to the property owner
at his address as shown on the said current tax duplicate.
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.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 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 elements or areas.
c.
Other Notices Required.
(1)
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph b(2) above to the owners of lands
in such adjoining municipality which are located within 200 feet of
the subject premises.
(2)
Notice shall be given by personal service or certified mail
to the County Planning Board of hearings on applications for (a) development
of property adjacent to an existing or proposed road shown on the
Official County Map or on the County Master Plan; (b) adjoining other
county land; or (c) situated within 200 feet of a municipal boundary.
(3)
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.
(4)
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 Borough Clerk pursuant to N.J.S.A. 40:55D-12g.
(5)
Notice of hearing on master plan, capital improvements program
or official map shall be given in accordance with N.J.S.A. 40:55D-13
and N.J.S.A. 40:55D-15, respectively.
(6)
Notice pursuant to paragraphs c(1), (2), (3) and (4) shall not
be required unless public notice pursuant to paragraph of this subsection
is required.
d.
Time for Service. All notices hereinabove specified in this subsection
shall be given at least 10 days prior to the date fixed for hearing.
e.
Method of Service. Any notice made by certified mail as hereinabove
required shall be deemed as complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
f.
Form of Notice. All required notices shall state the date, time and
place of the hearing, the nature of the matters to be considered and
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Tax Assessor's office. The notice
shall indicate the location and times at which any maps and documents
for which approval is sought may be reviewed by the public. If the
application for development includes consideration of a conditional
use, the hearing notice shall include reference to the conditional
use.
g.
List of Property Owners Furnished. Pursuant to the provision of N.J.S.A.
40:55D-12(c), the Tax Assessor or designee, within seven days after
receipt of a request therefor and upon receipt of payment of a fee
of $10 or $0.25 per name, whichever is more, shall make and certify
a list from the current tax duplicate of names and addresses of owners
in the Borough to whom the applicant is required to give notice pursuant
to paragraphs b of this subsection. The applicant shall also supply
to the Tax Assessor at the time of request a map showing all properties
and current tax map information for the subject property. The applicant
shall be entitled to rely upon the information contained in such list
and failure to give notice to any owner not on the list shall not
invalidate any hearing or proceeding.
h.
Material to be Filed with Board. The applicant shall file an affidavit
of proof of service, form of notice, list of property owners served,
and map specified in paragraph g above with the Board prior to the
hearing.
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. Failure of a motion to
approve an application for development to receive the number of votes
required for approval shall be deemed an action denying the application.
b.
The Board may provide such written decision and findings and conclusions
within 45 days of such meeting at which the Board voted to grant or
deny approval, by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions of the
Board thereon. An action resulting from the failure of a motion to
approve an application shall be memorialized by resolution as provided
above.
The adoption of a resolution of memorialization pursuant to
this subsection shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the Planning Board who voted for the action previously taken, and
no other member shall vote thereon. The vote on such resolution shall
be deemed to be a memorialization of an action of the Planning Board,
and not to be an action of the Planning Board; except that failure
to adopt such a resolution within the 45 day period shall result in
the approval of the application for development, notwithstanding any
prior action taken thereon.
c.
A copy of the decision shall be mailed by the Secretary of 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 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 municipality.
d.
Publication of Decision. A brief notice of every final decision shall
be published in an official newspaper of the municipality. Such publication
shall be arranged by the applicant. Said notice shall be sent to an
official newspaper for publication within 10 days of the date of any
such decision or date of resolution of memorialization.
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 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 Borough
will be adequately protected.
a.
In the event that a developer submits an application 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 shall process such application in accordance with
this Chapter and if such application complies with all Borough regulations,
the Planning Board shall approve such application conditioned on removal
of such legal barrier to development.
b.
In the event that, during the period of approval heretofore or hereafter
granted to an application, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any State agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with said development, the running of
the period of approval under this Article shall be suspended for the
period of time said legal action is pending or such directive or order
is in effect.
c.
In the event that development proposed by an application requires
an approval by a governmental agency other than the Planning Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency. The Board
shall make a decision on any application within the time period provided
in this Chapter or within an extension of such period as has been
agreed to by the applicant unless the Planning Board is prevented
or relieved from so acting by the operation of law.
The Board and an applicant may mutually agree to extend the
time limit specified for action. Such extension shall be indicated
in the minutes of the meeting.
All construction pursuant to a variance, exception or waiver
granted in connection with the approval of a site plan or subdivision,
shall be commenced within the statutory time limit for said site plan
or subdivision, or any extension thereof. A variance, exception or
waiver which is not part of a site plan or subdivision shall be implemented
within two years of the date of approval. Any variance, exception
or waiver not implemented as set forth herein shall be void.
a.
The prospective purchasers, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, may apply
in writing to the Borough Clerk, for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record in his office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land," and shall certify:
(1)
That there exists a duly established Planning Board and that
there is an ordinance controlling subdivision of land.
(2)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board, and, if
so, the date of such approval and any extensions and terms thereof,
showing that subdivision of which the lands are a part is a validly
existing subdivision.
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
b.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the Borough.
[Amended by Ord. No. 12-2015; Ord. No. 95-5]
a.
Construction Official. The Construction Official is hereby given
the duty, power and authority to enforce the provisions of this Article.
He shall be responsible for the examination of all applications for
permits and the issuance of permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this Chapter and all nonconforming uses existing
at the time of passage of this Chapter. The Construction Official
shall also be responsible for recording and filing all applications
for permits with accompanying plans and documents and makes such reports
to the Planning Board and the Borough Council as required. The Zoning
Officer shall be responsible for review of all applications for permits
to determine compliance with the requirements of this Chapter.
b.
Construction Permits:
(1)
Purpose. To ensure compliance with the provisions of this Chapter,
no person shall erect, alter or convert any structure or building
or part thereof, nor alter the use of any land, until a proper permit
has been issued by the Construction Official.
(2)
Application for Permits. All such applications shall be made
in accordance with the provisions of the State Uniform Construction
Code.
(3)
Issuance of Permits. It shall be the duty of the Construction
Official to issue the proper permit, after determination by the Zoning
Officer that the structure, building, sign, parking area, proposed
use and all other applicable codes and ordinances of the Borough of
Mount Arlington or other governmental units having jurisdiction over
the subject matter, and that all other reviews and actions, if any,
called for in said codes or in this Chapter have been complied with
and all necessary approvals secured therefore. All construction permits
shall be issued in duplicate and one copy shall be kept conspicuously
on the premises affected and shall be protected from the weather whenever
construction work is being performed thereon. No owner, contractor,
workman or other person shall perform any building operations of any
kind, including site preparation of any kind, including clearing of
trees and excavation, unless a construction permit covering such operation
has been displayed as required by this Chapter, nor shall construction
operations of any kind be performed after notification of the revocation
of said permit.
(4)
Denial of Permits. When the Construction Official is not satisfied
that the applicant's proposed development will meet the requirements
of this Chapter or other codes and ordinances, he shall refuse to
issue a construction permit and shall so notify the applicant, in
writing, giving the reasons for denial.
(5)
Revocation of Permits. If it shall appear, at any time, to the
Construction Official that the application or accompanying plan is
in any respect false or misleading, or that work is being done upon
the premises differing from that called for in the application filed
with him under existing laws or ordinances, he may forthwith revoke
the construction permit, whereupon it shall be the duty of the person
holding the same to surrender it and all copies thereof to said Construction
Official. After the construction permit has been revoked, the Construction
Official may, in his discretion, before issuing the new construction
permit, require the applicant to file an indemnity bond in favor of
the Borough of Mount Arlington with sufficient surety conditioned
for compliance with this Chapter and all laws and ordinances then
in force and in a sum sufficient to cover the cost of removing the
building or structure if it does not so comply.
(6)
Expiration of Permits. Except as provided elsewhere, if a permit
has not been acted upon by the commencement of construction within
12 months from the date of issuance, said permit and all rights created
thereby shall expire.
c.
Certificate of Occupancy. No certificate of occupancy for any land
or structure shall be granted until all required improvements or conditions
of approval have been met, installed or completed.
(1)
Temporary Certificate of Occupancy. A temporary certificate
of occupancy may be issued in accordance with the Uniform Construction
Code, N.J.A.C. 5:23-2.23(g).
[Amended by Ord. No. 12-2015]
(2)
Certificate of Occupancy for New Buildings, Structures or Uses.
(a)
No building, structure or land shall be occupied or used until
such time as a certificate of occupancy is issued by the Construction
Official. Such certificate shall be issued upon application by the
owner, prospective occupant or purchaser only after the Zoning Officer
determines that the facts represented on the application are correct
and that the building, structure, or use is in conformance with the
provisions of this Chapter.
(b)
For other than single-family detached houses, a certificate
of occupancy shall not be issued until the Construction Official receives
written confirmation from the Fire Department, Health Officer, Zoning
Officer and Borough Engineer that all applicable Borough codes and
ordinances administered and enforced by the above-named Department
have been complied with:
(c)
For nonresidential buildings, condominiums or townhouses, where a building is completed or sections are completed and safe for human occupancy, the Construction Official may issue a temporary certificate of occupancy for that portion of the building which is safe for human habitation while work proceeds to bring the entire building into compliance with the Borough's codes. Such temporary certificate of occupancy may contain such restrictions as may be necessary to protect the health and safety of the building's occupants subject to provisions of § 17-5.17c(1) and the applicant executing a builders agreement approved by the Governing Body.
(3)
Certificate of Occupancy for Existing Uses. Any change of use
or alteration of a building shall require first a construction permit
before a certificate of occupancy shall be issued.
[Amended by Ord. No. 12-2015]
(a)
Upon written request from the owner, tenant, occupant or purchaser
under contract, the Construction Official after inspection shall issue
an occupancy permit for a use legally existing at the time this Chapter
is made effective certifying the extent and kind of use and whether
any such existing use conforms with the provisions of this Chapter.
If the Construction Official does not have sufficient information
to make this determination, the applicant must file an application
with the Planning Board to make a determination as to whether the
use is in conformance with the Chapter.
(b)
No change or extension of use and no alterations shall be made
in a nonconforming use or premises, without an occupancy permit having
first been issued by the Construction Official stating, that such
change, extension or alteration is in conformity with the provisions
of the Chapter or that same has been permitted by action of the Planning
Board.
(c)
Before any change of use in a nonresidential building, it shall be necessary to procure a certificate of occupancy from the Construction Official. This certificate shall not be issued unless the building or structure conforms to all requirements of the State Uniform Construction Code and Zoning, Article VIII of this Chapter.
d.
Zoning Permits
[Ord. No. 01-14, Ord. No. 07-09]
(1)
All applications for development that result in the construction
of a structure on or under a tract of land shall require a zoning
permit to be issued by the Zoning Officer.
(2)
Applications shall be based on an accurate survey prepared by a New Jersey Licensed Land Surveyor, a copy of which shall be included with the application in addition to any other documentation that may be reasonable required for the Zoning Officer to confirm compliance with the requirements of Article VIII, Zoning, of this Chapter.
(3)
A review fee of $50 shall be paid upon submission of an application
and a permit fee of $50 shall be paid upon issuance of an approved
permit.
[Ord. No. 99-4]
a.
Selling Before Approval. If, before final approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by ordinance pursuant to
this Chapter, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
In addition to the foregoing, the Borough may institute and
maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 17-5.16.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
b.
Complaints of Violations. Any person may file a complaint if there is any reason to believe a violation of § 17-5.17 or this chapter exists. All such complaints must be in writing and signed by the complainant and shall be filed with the Construction Official who shall properly record such complaint and immediately investigate.
[Ord. No. 95-5 § 2]
c.
Procedures for Abatement of Violations.
[Ord. No. 95-5 § 2]
(1)
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this Chapter or of any ordinance or
regulation made under authority conferred hereby, the Borough Council
of the Borough of Mount Arlington or with its approval, the Construction
Official or other proper official, in addition to other remedies may
institute any appropriate legal action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use to restrain, correct or abate such
violation to prevent the occupancy of said building, structure or
land or to prevent any illegal act, conduct, business or use about
such premises.
d.
Penalties. Any person, firm or corporation violating any provision of § 17-5.17 shall, upon conviction, be punished by a fine not to exceed $1,000, or by imprisonment in the County Jail for a term not to exceed 90 days, or both, in the discretion of the Municipal Court. Each day that violation occurs or is committed shall constitute a separate violation.
[Ord. No. 95-5 § 2]
If the applicant can clearly demonstrate that because of peculiar conditions pertaining to his land the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purposes and scope of the rules, regulation and standards established by this Chapter. No such waiver shall be granted for any provision required by the State Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), or Article VIII, Zoning.
