There is hereby established pursuant to N.J.S.A. 40:55D-1 et
seq. in the borough a planning board of nine members consisting of
the following four classes:
Class I The mayor.
Class II One of the officials of the borough other than a member
of the borough council to be appointed by the mayor.
Class III A member of the borough council to be appointed by
the borough council.
Class IV Six other citizens of the borough to be appointed by
the mayor.
The members of class IV shall hold no other municipal office.
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.
a.
Alternate Members. There shall be four alternate members who shall
be appointed by the mayor each to serve a two-year term. The alternates
shall hold no other municipal office. Alternate #1 and alternate #2
shall serve for two-year terms and alternate #3 and alternate #4 shall
initially serve a one-year term. In the event that a choice must be
made as to which alternate member is to vote, alternate #1 shall vote,
followed in succession by alternate nos. 2, 3 and 4.
The term of the member composing class I shall correspond with
his or her 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 a class IV member who is also a member of the environmental commission
shall be for three years or terminate at the completion of his term
of office as a member of the environmental commission, whichever occurs
first.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as provided by law for
the unexpired term.
The planning board shall annually 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.
There is hereby created the office of planning board attorney.
The planning board may annually appoint, 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.
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 borough council for its use.
Pursuant to Ordinance No. 2012-05, all references to Zoning
Board of Adjustment shall mean Planning Board acting as the Zoning
Board of Adjustment pursuant to law.
The planning board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and adopt and from time to time amend a master plan for the
physical development of the borough including any areas outside its
boundaries, which in the board's judgment bear essential relation
to the planning of the borough in accordance with the provisions of
N.J.S.A. 55D-28.
b.
To administer the provisions of the land use and development regulations
of the borough, including but not limited to land subdivision, site
plan review and zoning regulations in accordance with the provisions
of the Municipal Land Use Law, 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 report to the borough council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the planning board
by the administrative officer, 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 lot.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 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.
g.
(Reserved)
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the borough council for the aid and assistance of
the borough council or other agencies or officer.
i.
Planning Board to Act as Zoning Board of Adjustment.
1.
The planning board shall have all of the powers conferred by planning
boards by N.J.S.A. 40:55D-25a and b and Articles 3, 4, 5, 6, 7 and
8 of the Municipal Land Use Law referred to therein.
2.
In addition, pursuant to N.J.S.A. 40:55D-25c, the planning board shall exercise to the same extent and subject to the same restrictions, all of the powers of a zoning board of adjustment provided, however, the class I and the class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of N.J.S.A. 40-55D-70.
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the planning board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of planning board approval unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law," or a deed clearly describing the approved
minor subdivision, is filed by the developer with the county recording
officer, the borough engineer and the Borough tax assessor. Any such
plat or deed must be signed by the chairman and secretary of the planning
board before it will be accepted for filing by the county recording
officer.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the planning board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots the planning board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the planning board shall be deemed to have granted preliminary
approval for the subdivision.
c.
Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers before the granting of a variance as set forth in section 18-1, subsection 7f of this chapter, the planning board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant.
d.
Final Approval. 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.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the county recording officer.
The planning board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
Applications for development within the jurisdiction of the
planning board pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq. shall be filed with the secretary of the planning board. Applicant
shall file at least 14 days before the date of the monthly meeting
of the board 12 copies of a sketch plat; 12 copies of applications
for minor subdivision approval; 12 copies of an application for major
subdivision approval or 12 copies of an application for site plan
review, conditional use approval, or planned development. At the time
of filing the application but, in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this ordinance or any rule of the planning board. The applicant shall
obtain all necessary forms from the secretary of the planning board.
The secretary of the board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting date
of the board.
The mayor may appoint one or more persons as a citizens advisory
committee to assist or collaborate with the planning board in its
duties, but such person or persons shall have no power to vote or
take other action required of the board. Such person or persons shall
serve at the pleasure of the mayor.
Whenever the environmental commission has prepared and submitted
to the planning board an index of the natural resources of the borough
the planning board shall make available to the environmental commission
an informational copy of every application of development to the planning
board. Failure of the planning board to make such informational copy
available to the environmental commission shall not invalidate any
hearing or proceeding.
Within 60 days the board shall adopt such written rules and
regulations where feasible 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
N.J.S.A. 2A:67A-1 et seq. shall apply.
Pursuant to Ordinance No. 2012-05, adopted on April 8, 2012, the board of adjustment is dissolved and its powers shall be exercised by the planning board pursuant to N.J.S.A. 40:55D-25(c) and any development applications now pending before the board of adjustment shall be transferred to the planning board and all provisions of Section 18-1.1 et seq. through 18-5.7 shall be exercised by the planning board acting as the board of adjustment.
When the planning board exercises its jurisdiction under N.J.S.A. 40:55D-70d, the grant of a use variance shall be appealable to the borough council pursuant to N.J.S.A. 40:55D-17 and Section 18-4.3.
a.
The powers of the planning board acting as 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 planning
board acting as the zoning board of adjustment as full and complete
powers as may lawfully be conferred upon such board, including, not
by way of limitation, the authority, in connection with any cause,
action or proceeding before the board, to interpret and construe the
provisions of this chapter and the zoning regulations of the borough,
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 and
the zoning regulations of the borough would work undue hardship. The
powers and duties of the board having been delegated to and imposed
upon it by statute, the board shall in all cases follow the provisions
applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes
in such case made and provided, and it shall from time to time furnish
to any person requesting the same a copy of its rules and information
as to how appeals or applications may properly be filed with the Board
for its decision thereon.
a.
Appeals to the planning board acting as 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 20 days (N.J.S.A. 40:55D-72)
prescribed by the statute by filing a notice of appeal with the officer
from whom the appeal was taken, together with five copies of the notice
with the secretary of the board. 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 appeal from was taken.
b.
Applications addressed to the original jurisdiction of the planning
board acting as the board of adjustment without prior application
to an administrative officer, shall be filed with the zoning officer
of the borough. Five 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 planning board
acting as the board of adjustment. The applicant shall obtain all
necessary forms from the secretary of the board. The secretary of
the board shall inform the applicant of the steps to be taken to initiate
proceedings and of the regular meeting dates of the board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the board 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 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.
The Planning Board hereby adopts the attached checklist to be
completed with the application by all applicants seeking development
pursuant to the statute and that furthermore, in the event that the
applicant fails to provide the necessary information pursuant to said
checklist, the above municipal agency shall notify the applicant in
writing of the deficiencies in the application within 45 days of submission
of the application. The applicant may request that one or more of
the submission requirements be waived, in which event the agency or
its authorized committee shall grant or deny the request within 45
days.
The checklist referred to herein may be found at the end of
this chapter.
In exercising the above mentioned power, the planning board
acting as the Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes
applying reverse or affirm wholly or partly or may modify the order,
requirement, decision, or determination appealed from and make such
other requirement, decision or determination as ought to be made,
and to that end have all the powers of the administrative officer
from whom the appeal was taken.
Any variance from the terms of this chapter hereafter granted
by the planning board acting as 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 nine months from
the date of judgment or determination of the 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 acting as the board of adjustment to the borough council,
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding.
The planning board acting as the board of adjustment shall have
such powers as are granted by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative officer based on or made in the enforcement of
the zoning ordinance;
b.
Hear and decide requests for interpretation of the zoning map or
ordinance or for decisions upon other special questions upon which
such board is authorized to pass by any zoning or official map ordinance,
in accordance with this act;
c.
(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to N.J.S.A. 40:55D-62 et seq. would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer 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; (2) where in an application or appeal relating to a specific piece of property the purposes of this act or the purposes of the "Educational Facilities Construction and Financing Act," P.L. 2000, c. 72 (C. 18A:7G-1 et al.), would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in subsection d of this section shall be granted under this subsection; and provided further 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 has power to review a request for a variance pursuant to subsection a of N.J.S.A. 40:55D-60; and
d.
In particular cases for special reasons, grant a variance to allow
departure from regulations pursuant to article 8 of this act to permit:
(1) a use or principal structure in a district restricted against
such use or principal structure, (2) an expansion of a nonconforming
use, (3) deviation from a specification or standard pursuant to section
54 of P.L. 1975, c. 291 (C. 40:55D-67) pertaining solely to a conditional
use, (4) an increase in the permitted floor area ratio as defined
in section 3.1 of P.L. 1975, c. 291 (C.40:55D-4), (5) an increase
in the permitted density as defined in section 3.1 of P.L. 1975, c.
291 (C.40:55D-4), except as applied to the required lot area for a
lot or lots for detached one- or two-dwelling unit buildings, which
lot or lots either an isolated undersized lot or lots are resulting
from a minor subdivision or (6) a height of a principal structure
which exceeds by 10 feet or 10% the maximum height permitted in the
district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members,
in the case of a municipal board, or two-thirds of the full authorized
membership, in the case of regional board, pursuant to N.J.S.A. § 40:55D-77
et seq.
If an application development requests one or more variances but not a variance for a purpose enumerated in subsection d of this section, the decision on the requested variance or variances shall be rendered under subsection c of this section.
No variance or other relief may be granted under the terms of
this section, including a variance or other relief involving an inherently
beneficial use, without a showing that such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and the purpose of the zone
plan and zoning ordinance. In respect to any airport safety zones
delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983,
c. 260 (C.6:1-80 et seq.), no variance or other relief may be granted
under the terms of this section permitting the creation or establishment
of a nonconforming use which would be prohibited under standards promulgated
pursuant to that act, except upon issuance of a permit by the Commissioner
of Transportation. An application under this section may be referred
to any appropriate person or agency for its report; provided that
such reference shall not extend the period of time within which the
zoning board of adjustment shall act. (N.J.S.A. 40:55D-70)
The planning board acting as the zoning board of adjustment shall in addition to the powers specified in subsection 18-2.10 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.
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The board 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 18-2.10d.
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The planning board acting as the board of adjustment shall render
its decision not later than 120 days after the date:
a.
An appeal is taken from the decision of an administrative officer;
or
b.
The submission of a complete application for development to the board
pursuant to the provisions of N.J.S.A. 40:55D-72.
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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.
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No member of the planning board or planning board acting as
the 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.
a.
Meetings of the Board shall be scheduled no less often than once
a month and any meeting so scheduled shall be held as scheduled unless
cancelled for lack of applications for development to process.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. 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 C. 40:55D-9.
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.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
board and of the persons appearing by attorney, the action taken by
the board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the municipal clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the board.
[Ord. No. 2017-08]
There is hereby established in connection with various applications
for development and other matters which are the subjects of this chapter
the following schedule of fees, which shall be paid by the party seeking
relief to the secretary of the land use board (hereafter "Board"):
On April 18, 2012, Ordinance 12-05 dissolved the Zoning Board
of Adjustment and transferred its statutory powers to the Planning
Board pursuant to N.J.S.A. 40:55D-25c. Thus, the fees and initial
escrow deposits herein established relate to development applications
before the Planning Board.
a.
Development Application Fees. The developer shall, at the time of
filing a submission, pay fees as established below to the Secretary
of the Board by certified check or bank money order. Proposals involving
more than one use shall pay a fee equaling the sum of the fees for
the component elements of the application. Proposals requiring a combination
of approvals, such as subdivision, site plan and/or a variance, shall
pay a fee equal to the sum of the fee for each element. These application
fees shall be separate and apart from escrow deposits for professional
services as hereinafter set forth:
1.
Copy of the decision of the governing body to the interested party in connection with an appeal pursuant to subsection 18-4.3 - $10.
2.
Publication in a newspaper of the decision of the governing body of an appeal pursuant to subsection 18-4.3 - Cost of publication.
3.
Development applications.
(a)
Sketch plat, simple lot line charge - $50.
(b)
Minor subdivision - $250.
(c)
Major subdivision - $350 plus $50 per lot for each lot shown
on the plat.
(d)
Site plan approval - $350 for the first 10,000 square feet of
floor space and $100 for each additional 10,000 square feet, or part
thereof, of floor space.
(e)
Use variance without subdivision or site plan approval - $250.
(f)
Use variance with subdivision or site plan approval - $500.
(g)
Conditional use applications - $250.
(h)
Interpretation of zoning map or zoning regulations - $250.
(i)
Appeal of decision of Zoning Officer - $250.
(j)
Bulk variances (on one application) (lot area, dimensions, height,
setbacks) - $150.
(k)
Sign variance - $100.
(l)
Certified list of property owners within 200 feet of a proposed
development - $20.
(m)
Additional Fees for Special Meeting:
Scheduling and other expenses and services - $1,000.
Attendance of the Board Secretary at Special Meeting - $300.
Attendance of the Board Attorney at Special Meeting - $500.
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The Applicant shall pay these fees into escrow maintained by
the Borough pursuant to the Municipal Land Use Laws. The fees set
forth herein for a Special Meeting shall be paid into escrow by the
Applicant no later than five business days before the Meeting. The
fees set forth herein for a Special Meeting of the Board are in addition
to any other fees, costs and escrows previously collected.
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b.
Escrow Deposit for Professional Fees.
1.
In addition to the filing fees or any other fees required in this
Article, an applicant shall file with the Administrative Officer an
escrow deposit fee of adequate funds to cover the costs incurred for
the technical review of the application by planners, attorneys and
any other professionals, stenographic transcripts and/or experts employed
by the Borough on a consultant basis whose services are deemed, by
the Borough, necessary to report upon the application and to cover
any and all costs in processing the application. The Chief Financial
Officer shall place all such deposits in an escrow account in the
name of the applicant and shall charge against such account all disbursements
in connection with the costs referred to above. Technical review fees
shall be calculated in accordance with the actual time required for
review at rates established by a schedule of professional fees filed
annually with the Administrative Officer and approved by the Planning
Board, which schedule shall be maintained in the office of the Borough
Clerk for public inspection. The administration of technical review
escrow deposits and payments made to professionals from these deposits
shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1
and Section 13 of P.L. 1991, c.256. At the time of filing an application
for development, the applicant shall pay to the Borough an initial
deposit for technical review fees as established and set forth below:
2.
Said initial escrow deposits shall be as follows:
(a)
Major subdivision:
(1)
Preliminary subdivision approval without variances or site plan
- $7,500;
(2)
Preliminary subdivision approval with variances and/or site
plan - $8,000;
(3)
Final subdivision approval without variances or site plan -
$3,000;
(4)
Final subdivision approval with variances and/or site plan -
$4,000;
(e)
Business signs - $2,500.
(g)
Any other application not previously enumerated, such as appeal
from Zoning Officer's decision under N.J.S.A. 40:55D-70(a) and
Interpretation of Zoning Map or Zoning Ordinance under N.J.S.A. 40:55D-70(b)
- $1,500.
3.
Discretion to Impose Lesser Application Fee or Escrow. Notwithstanding
the foregoing, the Planning Board shall have the authority to waive
the aforesaid application fees and/or escrow deposits, or require
an amount less than the amounts set forth in the chapter, based upon
exceptional circumstances and/or the non-profit status of the applicant,
and upon the written request of the applicant stating the reasons
therefore.
4.
Administration of Technical Review Deposit Fees. The administration
of technical review escrow deposits shall be in accordance with the
provisions of N.J.S.A. 40:55D-53.1 and Section 13 of P.L. 1991, c.256
and as provided below.
(a)
Each technical review escrow deposit shall be held by the Borough
in a trust account separate from the general funds of the Borough.
(b)
The Borough agency shall not process and/or take action on the
application unless all fees and deposits required in the manner described
herein have been paid by the applicant. Property taxes shall have
been paid to date.
(c)
In the event that the funds in the escrow account should become
depleted prior to the completion of the application procedure and
additional funds are necessary to cover the cost of processing the
application, the applicant shall deposit additional funds in the amount
as requested by the Administrative Officer. In order to expedite the
processing of applications by the Borough agency, the Administrative
Officer shall notify the applicant in writing when additional funds
are necessary. Such additional funds shall be deposited no later than
one week prior to the next regularly scheduled meeting of the Board
(if payment is made less than one week prior to the next Board meeting,
then payment must be made by official bank check, certified or bank
cashier's check), and the applicant's failure to comply
shall constitute grounds for postponement or dismissal of the application.
In the event that such failure to deposit shall continue for more
than 30 days after the date of the Administrative Officer's written
notification to the applicant, then the Board chairperson shall make
a motion to dismiss the application at the next regularly scheduled
meeting of the Board.
(d)
All bills submitted to a Borough agency by the planning consultant,
engineer, attorney or other professional containing charges to be
applied to an escrow account authorized and established pursuant to
this section shall specify the services performed in relation to individually
identified applications for which the charges have been made.
(e)
Unit charges (i.e., per diem or hourly fees, inspection or expert
testimony charges) levied by an engineer, planning consultant, attorney
or other professional for services applied to an escrow account authorized
and approved pursuant to this section may not exceed those unit charges
contracted for and/or approved by the Borough agency for services
by these professionals which may not, under this section, be subject
to compensation by an escrow account.
(f)
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Borough for technical review deposits pursuant
to this chapter, said money shall be deposited in an interest-bearing
account and, until repaid or applied to the purposes for which it
is deposited, including the applicant's portion of the interest
earned thereon, shall continue to be the property of the applicant
and shall be held in trust by the Borough in escrow. All interest
earned and paid to the applicant shall be in conformity with Chapter
315 of the Laws of 1985.
(g)
Any of the funds remaining in the escrow account upon completion
of the application procedure, as well as any interest the applicant
may be entitled to pursuant to Chapter 315 of the Laws of 1985, shall
be returned to the applicant, via a resolution adopted by the Governing
Body or the Board releasing remaining escrows, and the account shall
be terminated.
(h)
All escrow charges which are due and owing shall become a lien
upon the property which is the subject of the application for development
and shall remain so until paid. Overdue escrow charges shall accrue
the same interest as established for real property taxes in the Borough.
The Borough shall have the same remedies for collection of escrow
charges with interest, cost and penalties as it has by law for the
collection of other fees.
a.
Rules. The board may make rules governing the conduct of hearings
which rules shall not be inconsistent with the provisions of C. 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,
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, 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.
Whenever a hearing is required on an application for development
pursuant to R.S. 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 borough 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 applicant's
land is located. Such notice shall be given by:
1.
Serving a copy thereof on the owner as shown on the current tax duplicate
or his agent in charge of the property; or
2.
Mailing a copy thereof by certified mail to the property owner at
his address as shown on the current tax duplicate. A return receipt
is 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 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 and 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 18-3.6b to the owners of lands in such adjoining municipalities which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
county planning board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development 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 borough clerk pursuant to N.J.S.A. 40:55D-10.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
i.
Form of notice. All notices required to be given pursuant to the
terms of this ordinance 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 borough 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.
Pursuant to the provisions of N.J.S.A. 40: 55D-12c, the tax assessor of the borough 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 18-3.6b.
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 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.
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
10 days of the date of any such decision.
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 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 the 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.
Authority. The board, in addition to all other powers previously
delegated to those entities by statute or ordinance, shall have the
right and authority to retain independent wetland consultants in order
to prepare technical reviews, findings of fact, reports, surveys or
other documents, and/or to provide oral reports and/or testimony with
respect to any developmental application.
The estimated fees for such services shall be approved by the
board, which shall thereafter direct the applicant to deposit funds
to meet such estimates, which funds shall be required to be placed
in an escrow account for that purpose.
The board shall take no formal action on the application until
all fees and escrow funds have been deposited with the borough. Any
monies left in the escrow account, upon completion of the wetlands
survey or upon final determination by the board, as the case may be,
shall be returnable to the application as soon as possible.
b.
Applications for Sewer Extension Permits. Whenever the mayor and
council are requested to execute and file an application for a sewer
extension permit with the New Jersey Department of Environmental Protection,
or take any other action with regard to any development including
but not limited to, the acceptance of public improvements pursuant
to N.J.S.A. 40:55D-53, the governing body may retain an independent
wetlands consultant in order to prepare technical reviews, findings
of fact, reports, surveys or other documents, and/or to provide oral
reports and/or testimony with respect to any development. The mayor
and council may obtain estimates for such services and direct the
developer to deposit funds necessary for said purpose, which monies
shall be placed in escrow and disbursed upon the submission of appropriate
voucher(s) by the consultant.
The mayor and council shall take no final action with respect
to the development until all fees and escrow funds have been deposited
with the Borough.
Any monies left in the escrow account, upon completion of the
Wetlands survey or upon final determination by the mayor and council,
as the case may be, shall be returned to the developer as soon as
possible.
An appeal to the planning board acting as the zoning board of adjustment may be taken by any interested party affected by any decision of the administrative officer of the borough based on or made in the enforcement of the zoning ordinance, or official map. Such appeal shall be taken within 20 days (N.J.S.A. 40:55D-72) by filing a notice of appeal in the manner set forth in subsection 18-2.7a, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
An appeal from any final decision of the planning board acting
as the zoning board of adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d, may be taken to the borough council
provided such appeal shall be made within 10 days of the date of publication
of such final decision of the planning board acting as the zoning
board of adjustment. Such appeal shall be made in accordance with
the provisions of N.J.S.A. 40:55D-17.
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
All sections of the land subdivision ordinance, zoning ordinance,
site plan review ordinance or any other ordinance of the borough which
contains provisions contrary to the provisions of this chapter shall
be and are hereby (to the extent of such inconsistency), repealed.
Pursuant to the provisions of C. 291 Laws of 1975 Section 81,
the substantive provisions of the existing land subdivision ordinance,
zoning ordinance and site plan review ordinance of the borough and
the development regulations set forth therein shall continue in full
force and effect for a period of six months from the effective date
of said act or until the borough exercises the authority delegated
by the ordinance to regulate development, whichever occurs first.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 18-4.
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Englewood Cliffs."
This chapter shall take effect on December 21, 1976.
Immediately upon adoption of this chapter the borough clerk
shall file a copy of this ordinance 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 borough relating to land
use, such as the subdivision, zoning and site plan review ordinances.
