Editor's Note: The power to regulate land use is
contained in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law.
This chapter codifies Ordinance No. 1977-1 adopted January
1, 1977, as amended and supplemented.
[1985 Code § 21-1.1]
There shall be established pursuant to N.J.S.A. 40:55D-23 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 Council who shall be appointed by the Mayor. In the event that
both a member of the Zoning Board of Adjustment and a member of the
Board of Education are among the Class IV members, the Class II member
shall be the member of the Environmental Commission who is also a
member of the Planning Board as required by N.J.S.A. 40:56A-1. A member
of the Board of Health or the Industrial Commission shall qualify
as an official for the purpose of this section.
Class III. A member of the Borough Council to be appointed by
it.
Class IV. Six other citizens of the Borough who shall be appointed
by the Mayor. Members of Class IV shall hold no other municipal office
except that one member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission shall be appointed to the Planning Board
as required by N.J.S.A. 40:56A-1 and shall be a Class IV Planning
Board member unless there shall be among the Class IV members both
a member of the Zoning Board of Adjustment and a member of the Board
of Education, in which case the member of the Environmental Commission
shall be deemed to be a Class II member of the Planning Board as set
forth above.
Alternate Members. There shall be appointed two alternate members
of the Planning Board in addition to those provided for herein. They
shall be appointed as Class IV members are appointed. These alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1" and "Alternate No. 2". The terms of these alternate
members shall be for two years, except that the term of not more than
one alternate member shall expire in any one year. The vacancy occurring
other than by expiration of the term shall be filled by the Mayor
for the unexpired term only.
[1985 Code § 21-1.2]
The terms of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office, whichever occurs first, except in
the case of a Class II member who shall also be a member of the Environmental
Commission, whose term 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. The term of a Class IV member
shall be four years except for vacancies.
[1985 Code § 21-1.3]
If a vacancy of any Class shall occur other than by the expiration
of term, it shall be filled by appointment as provided for the unexpired
term.
[1985 Code § 21-1.4]
The Planning Board shall elect a Chairman and Vice-Chairman
from the members of Class IV and select a Secretary who may, but need
not be, a member of the Planning Board or a Borough employee.
[1985 Code § 21-1.5]
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 Board
shall not, however, exceed, exclusive of gifts or grants, the amount
appropriated by the Borough Council for its use.
[1985 Code § 21-1.6]
The Planning Board may also employ or contract for the services
of experts and other staff and such other 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.
[1985 Code § 21-1.7]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953, N.J.S.A. 2A:67A-1, shall apply. 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. 40:55D-28.
c.
To approve conditional use applications in accordance with the provisions
of the Zoning Chapter, pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To consider, and report thereon to the Borough Council within 35
days after referral, 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 Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
g.
Pursuant to N.J.S.A. 40:55D-60, whenever the proposed development
requires approval pursuant to this chapter of a subdivision, site
plan or conditional use, but not a variance pursuant to paragraph
d of N.J.S.A. 40:55D-70, the Planning Board shall have the power to
grant to the same extent and subject to the same restrictions as the
Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32; and
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street. Whenever relief
is granted pursuant to this section, notice of the hearing on application
for development shall include reference to the request for a variance,
or direction for issuance of a permit, as the case may be. The developer
may elect to submit a separate application requesting approval of
the variance or direction of the issuance of a permit and a subsequent
application for any required approval of a subdivision, site plan
or conditional use. The separate approval of the variance or direction
of the issuance shall be conditioned upon grant of all required subsequent
approvals by the Planning Board. No such subsequent approval shall
be granted unless the approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zoning plan and zoning ordinance.
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 Council or other agencies or officers.
[1985 Code § 21-1.8]
a.
Minor Subdivisions.[1] Minor subdivision approvals shall be granted or denied,
with or without conditions, 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. If, in the opinion of
the Planning Board, such application shall be incomplete, the Planning
Board shall notify the applicant. The forty-five-day time period shall
commence to run from the time the applicant completed the submission
or notifies the Planning Board that it does not intend to file any
further documents with the application. Approval of minor subdivisions
shall expire 190 days from the date of Planning Board approval unless,
within such period, a plat in conformity with such approval and 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 Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed shall be signed by the Chairman and Secretary of the Planning
Board. Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval on the condition that
the applicant shall notify the Borough Clerk of such approval by nonaction.
The Borough Clerk shall issue a certificate as to the failure of the
Planning Board to act on request of the applicant at any time after
21 days subsequent to the date of first receiving notification from
the applicant as to the nonaction of the Planning Board.
b.
Preliminary Approval of Major Subdivision. 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 submission or within such further time as may be consented to by
the developer. Upon submission of a complete application for a subdivision
for more than 10 lots, the Planning Board shall grant or deny preliminary
approval in 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
of the subdivision. The granting of preliminary approval by nonaction
of the Planning Board shall be effective only if the developer shall
notify the Borough Clerk within 48 hours after the expiration of the
time for action by the Planning Board. In the event that the developer
shall neglect to notify the Borough Clerk of this approval, the approval
shall become effective only upon such notification.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 35-1.7g, the Planning Board shall grant or deny approval of the application within 45 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.
[1985 Code § 21-1.9]
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 Borough Clerk. The applicant shall make
all required filings at least 14 days before the date of the monthly
meeting. The applicant shall file the following number of copies:
15 copies of the sketch plat and one reproducible original; five copies
of application for minor subdivision approval; eight copies of applications
for major subdivision approval and 10 copies of preliminary plat and
one reproducible original thereof; eight copies of application for
site plan review conditional use approval of the planned development,
along with eight copies of any plat submitted in connection therewith,
and one reproducible original thereof; 10 copies of the final plat
for major subdivision and one reproducible original thereof. At the
time of filing 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. In filing such plot
plans or other papers, the applicant shall file the number of copies
and originals as in accordance with the schedule herein set forth.
The applicant shall obtain any necessary forms from the Borough Clerk.
The Borough Clerk shall inform the applicant steps to be taken to
initiate applications and of the regular meeting dates of the Board.
[1985 Code § 21-2.1]
a.
A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven residents of the Borough appointed
by the Mayor with the advice and consent of the Council. The term
of each member shall be for four years. No member of the Board of
Adjustment may hold any elective office or position in the Borough.
A vacancy occurring other than by expiration of term shall be filed
for the unexpired term only. It shall be filed in the same manner
as set forth above.
b.
There shall be appointed two alternate members of the Zoning Board
of Adjustment in addition to those provided for herein. The alternate
members shall be designated at the time of appointment as "Alternate
No. 1" and "Alternate No. 2". The terms of these alternate members
shall be for two years except that the term of not more than one alternate
member shall expire in any one year.
[1985 Code § 21-2.2]
The Board of Adjustment shall elect a Chairman and Vice-Chairman
from its members and shall also elect a Secretary who may, but need
not be, a member of the Board or other Borough employee.
[1985 Code § 21-2.3]
There is hereby created the Office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment shall annually
appoint, fix the compensation of, or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney who shall be an Attorney
other than the Borough Attorney. The Board shall not, however, exceed
the amount appropriated by the Borough Council in fixing the compensation
of the Attorney to the Zoning Board of Adjustment.
[1985 Code § 21-2.4]
The Board of Adjustment may also employ or contract for the
services of experts and other staff and such other 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.
[1985 Code § 21-2.5]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-70 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction applicable to
legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter, in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down, that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and imposed upon it by statute, the Board shall,
in all cases, follow the provisions applicable to it in N.J.S.A. 40:55D-1
et seq., or subsequent statutes in such case made and provided and
it shall, from time to time, furnish to any person, requesting the
same, a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1985 Code § 21-2.6]
a.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 20 days prescribed by
the statute by filing a notice of appeal with the officer from whom
the appeal was taken, together with three copies of the notice, with
the Secretary of the Board of Adjustment. Such notice of appeal shall
specify the grounds for the appeal. The officer from whom the appeal
was taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[1985 Code § 21-2.7]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq.
or amendments thereto, or subsequent statutes applying, reverse, affirm
wholly or partly or modify the order, requirement, decision, or determination
appealed from, and make such other determination as ought to be made,
and to that end have all the powers of the administrative officer
from whom the appeal was taken.
[1985 Code § 21-2.8; Ord. No. 2008-#26 § 1]
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire two years from the date of publication of the notice
of the judgment or determination of the Board of Adjustment 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. The running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Board of Adjustment to the Borough
Council, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
The Board of Adjustment, upon application and proper public
notice, may extend the time period to exercise the variance for extensions
of one year, but not to exceed three extensions. Whenever the Board
of Adjustment grants an extension of the variance and the variance
expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The applicant
may apply for the extension either before or after what would otherwise
be the expiration date. When granting an extension, the Board of Adjustment
shall consider both the positive and negative criteria of N.J.S.A.
40:55D-70, and determine whether the original basis for the grant
of the variance remains valid at the time of the extension.
[1985 Code § 21-2.9]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning chapter.
b.
Hear and decide requests for interpretation of the map or zoning
ordinance, or for decisions upon other special questions upon which
such board is authorized by the zoning ordinance to pass.
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 Chapter 40, Zoning would result in particular 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 the 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 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 of this Zoning Ordinance; provided, however, that no variance from those departures enumerated in this Zoning Ordinance shall be granted under subsection (d) of 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 N.J.S.A. 40:55D-60; and
d.
In particular cases and for special reasons, grant a variance to
allow departure from the regulations of this Zoning Ordinance to permit:
(1) a use or principal structure in a district restricted against
such use or principal structure, (2) an expansion of a non-conforming
use, (3) deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use, (4) an increase
in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4,
(5) an increase in the permitted density as defined in N.J.S.A. 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 are either an
isolated or undersized lot or lots 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 section shall be granted only by
affirmative vote of at least five members of the Board of Adjustment.
|
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of this zone plan and Zoning Ordinance.
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.
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[1985 Code § 21-2.10]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 35-2.9, have power 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-76a(2),
for a building or structure not related to a street.
|
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of the use variance pursuant to subsection 35-2.9d herein.
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[1985 Code § 21-2.11]
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-70b.
|
Failure of the Board to render a decision within such 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
|
[1985 Code § 21-2.12; Ord. No.
2008-#29 § 4; Ord. No.
2012-#05 § 1]
The following submissions shall be accompanied by an application
for a variance from the Ringwood Zoning Ordinance, and shall be deemed
requirement for a "completed" application before the Ringwood Board
of Adjustment:
a.
One completed application form signed by both property owner and
applicant. (If applicant is not the property owner, the owner's
signature shall be notarized.)
b.
Thirteen copies of a plot plan or a survey of applicant's property
prepared by a licensed surveyor or engineer showing the following:
1.
Applicant's property, indicating:
(a)
Block and Lot numbers;
(b)
Street address;
(c)
Lot dimensions;
(d)
Dimensions of present and/or proposed structures;
(e)
Dimensional location of all structures in relation to all other
structures and to property lines;
(f)
Location and dimensions of any easements and purpose thereof;
(g)
Watercourses, drainage ditches.
c.
An application form to obtain both a Certified List of Property Owners
and a Tax Release.
d.
Fees. The following fees shall accompany the application:
1.
Application Fee.
|
Use
|
Fee
|
|---|---|
|
"A" Variance pursuant to N.J.S.A. 40:55D-70(a) (appeal from
the decision of the Construction Official, Zoning Officer, or other
administrative Officer)
|
$125
|
|
"B" Variance pursuant to N.J.S.A. 40:55D-70(b) (interpretation
of the Zoning Map or Ordinance)
|
$125
|
|
"C" Variance pursuant to N.J.S.A. 40:55D-70(c) (bulk/dimensional
variance):
| |
|
Residential - Per lot
|
$250
|
|
Nonresidential - Per variance
|
$500
|
|
"D" Variance pursuant to N.J.S.A. 40:55D-70(d) (use variance):
| |
|
Residential - Per lot
|
$500
|
|
Nonresidential - Per variance
|
$500
|
|
Planning variance pursuant to N.J.S.A. 40:55D-76
|
$75
|
|
Extension of time
|
$50
|
|
Modification of terms or conditions of previously granted variance
|
$50
|
|
Certificate of nonconforming use pursuant to N.J.S.A. 40:55D-68
|
$500
|
2.
Escrow. The applicant shall deposit with the Municipal Clerk an escrow
to cover some of the costs incurred by the Board of Adjustment for
the professional services of its Attorney, Engineer, Planner, or other
specifically retained expert in connection with any appeal to the
Board of Adjustment concerning any application for development or
any request for interpretation of the Zoning Map or Ordinance or any
decision regarding any other question which the Board is authorized
to pass.
(a)
Amount of Escrow. The Board of Adjustment Secretary shall forward
the application and all application documents submitted by the applicant
to the Board of Adjustment professionals. The Board of Adjustment
professionals shall review the application and the accompanying documents
and based upon the nature and complexity of the application shall
determine the amount of the escrow, if any, for the aforesaid professional
services. They shall notify the Board of Adjustment Secretary as to
their recommendations for the escrow amount. The Board of Adjustment
Secretary shall thereafter notify the applicant of the escrow requirement.
The application will not be listed for any hearings, nor shall the
application be deemed complete until all fees including the escrow
are paid.
(b)
Use of Escrow. The escrow shall be used to defray the costs
of the Board of Adjustment professionals and retained experts in connection
with the application. These costs and expenses shall include review
of the application and supporting documents, preparation of reports,
telephone conferences and meetings (whether initiated by the applicant,
its attorney or other expert, or by the Board of Adjustment), preparation
of memorializing resolutions and other writings in connection with
the processing of the application.
(c)
Meeting Costs. The escrow shall also be utilized to pay the
Board of Adjustment professionals for attendance at any specially
scheduled meetings.
(d)
Charges by Professionals. All professional charges shall be
billed by the professionals to the Board of Adjustment at the rates
established by the professionals' contract with the Board of
Adjustment or the Borough. All invoices shall be itemized: date, the
nature of the service, and the time spent, together with any other
charges imposed pursuant to the professionals' contract with
the Board of Adjustment or the Borough. All invoices shall be supported
by a voucher duly signed by the professional seeking payment. All
payments charged to the deposit shall be pursuant to vouchers from
the professionals stating the hours spent, the hourly rate and the
expenses incurred.
(e)
Approval of Vouchers/Invoices. All invoices/vouchers submitted
by the professionals for payment shall be processed by the Board of
Adjustment for payment, the same as all other invoices and vouchers.
No invoice/voucher for payment of any professional service shall be
approved until a resolution is adopted at a public meeting.
(f)
Special Consultants. If in the discretion of the Board of Adjustment,
a special consultant is necessary for the proper review of an application,
the Board of Adjustment shall be authorized to retain the consultant/expert
and to pay the consultant from the applicant's escrow account.
(g)
Review. The applicant shall be entitled to question or challenge
the amount of the initial escrow as determined by the Board of Adjustment
if a written request is submitted to the Board of Adjustment Secretary.
The Board of Adjustment will afford the applicant an opportunity to
present information to the Board of Adjustment at a public hearing.
However, no hearing on the merits of the application will be held
until the escrow is deposited. The applicant may also question or
challenge the invoices/vouchers submitted by the Board of Adjustment's
professionals by notifying the Board of Adjustment's Secretary
in writing as to the challenge/question. The applicant will be afforded
an opportunity to be heard at a public meeting.
(h)
Fee Schedules. The Board of Adjustment Secretary shall prepare
and make available to applicants, upon request, the fee schedule of
the Board of Adjustment professionals.
(i)
Replenishment of Escrow Account. If the escrow amount falls
below $250, the Board of Adjustment may, if recommended by the Board
of Adjustment's professionals, require that the applicant pay
additional funds into the escrow accounts.
(j)
Account Excess and Interest. Pursuant to N.J.S.A. 40:55D-53.1,
if the escrow amount is in excess of $5,000, the Borough shall deposit
same and shall pay interest to the applicant. When the application
review and approval process has been completed, the excess funds in
the account, if any, shall be remitted back to the applicant with
interest, if applicable, as soon as is practicably possible.
(k)
Deficiency of Account. The applicant shall be liable for all
of the foregoing professional fees notwithstanding that the escrow
account might be insufficient for the payment of the fees and expenses.
e.
The Board of Adjustment shall not deem an application complete until
a report is received from the Board of Health concerning suitability
of an existing septic system if an application is for 120 square feet
or larger.
f.
The Board of Adjustment shall not deem an application for matter
over which it has jurisdiction complete until it has received:
1.
A Letter of Interpretation or Letter of Exemption issued by the New
Jersey Department of Environmental Protection pursuant to the requirements
of the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A,
where applicable, indicating the absence of freshwater wetlands, indicating
the presence and verifying the delineation of the boundaries of freshwater
wetlands, or indicating that the project or proposed activities to
be conducted are exempt from the Freshwater Wetlands Protection Act
regulations.
2.
(a)
A Highlands Applicability Determination issued pursuant to N.J.A.C.
7:38-2.4 by NJDEP for any application that has been determined to
be exempt from the requirements of the Highlands Act; or
(b)
For applications that have not been determined to be exempt
from the requirements of the Highlands Act:
(1)
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A Consistency Determination from the Highlands Council indicating
that the application is not consistent with the Highlands Regional
Master Plan, provided that such application is accompanied by a certification
by the professional or professionals designated by the Highlands Council
in the Consistency Determination that to the best of the knowledge
of such person, the application has been revised since review by the
Highlands Council to achieve consistency with the Highlands Regional
Master Plan and specifically describing the revisions made to achieve
such consistency.
(3)
Any other checklist items required under resource protection
regulations now or hereafter adopted by the Borough in order to achieve
Plan conformance under the Highlands Act.
[1985 Code § 21-3.1]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by a conflict of interest as provided
in N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter pending
before the Planning Board, then and in that event, regular members
of the Board of Adjustment shall be called upon to serve, for that
matter only, as temporary members of the Planning Board. The Board
of Adjustment member or members so called upon shall be called upon
in order of their seniority of continuous service on the Board of
Adjustment. Only as many temporary members of the Board of Adjustment
shall be called as are needed to constitute a quorum to act upon the
matter without any personal or financial interest therein, whether
direct or indirect. If a choice has to be made between regular members
of equal seniority on the Board of Adjustment, the Chairman of the
Board of Adjustment shall make the choice.
If the Board of Adjustment lacks a quorum because any regular
or alternate member is prohibited by a conflict of interest pursuant
to N.J.S.A. 40:55D-69 from acting on a matter due to the member's
personal or financial interest therein, Class IV members of the Planning
Board shall be called upon to serve for that matter only as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
[1985 Code § 21-3.2]
a.
Meetings of both the Planning Board and the Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless 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. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6,
et seq. An executive session for the purpose of discussing or studying
any matters to come before the Board shall not be deemed a Regular
or Special Meeting within the meaning of this act.
[1985 Code § 21-3.3]
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 may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1985 Code § 21-3.4]
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which is not otherwise provided for by
ordinance shall be subject to the following fee schedule:
|
Appeal pursuant to N.J.S.A. 40:55D-70(a)
|
$35
|
|
Interpretation pursuant to N.J.S.A. 40:55D-70(b)
|
$35
|
|
Issuance of Permit pursuant to N.J.S.A. 40:55D-76(b)
|
$60
|
|
Bulk Variance pursuant to N.J.S.A. 40:55D-70(c)
|
$60
|
|
Use Variance pursuant to N.J.S.A. 40:55D-70(d)
|
$160
|
[1985 Code § 21-3.5]
a.
Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq., or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties
and the provisions of the "County and Municipal Investigations Law",
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.
[1985 Code § 21-3.6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the municipal agency in question, 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 Borough in which the 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
shall not be required. Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice-president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation.
c.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 35-3.6b herein to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County master plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
i.
All notices required to be given pursuant to the terms of this chapter
shall state the date, time and place of the hearing, the nature of
the matters to be considered 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 Municipal
Tax Assessor's Office and the location and times at which any
maps and documents for which approval is sought are available as required
by law.
[1985 Code § 21-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Assessor shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 35-3.6b herein. The applicant shall have the obligation of notifying the Tax Assessor of any contiguous property owned by applicant.
The applicant shall furnish to the Board at the time of hearing,
a copy of such list of property owners certified by the Tax Assessor
which submission shall be deemed a necessary part of the applicant's
submission.
This list shall be valid and effective for 60 days after its
issuance.
[1985 Code § 21-3.8]
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.
[1985 Code § 21-3.9]
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. Such
notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
[1985 Code § 21-3.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on such
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 shall be adequately protected.
[1985 Code § 21-3.11; Ord. No.
2012-#05 § 5]
a.
In accordance with N.J.S.A. 40:550-10.3, an application for development
shall be complete for purposes of commencing the applicable time period
for action by Municipal Agency, when so certified by the Municipal
Agency (Planning Board or Board of Adjustment). In the event that
the Planning Board or Board of Adjustment does not certify the application
to be complete within 45 days of the date of the submission of the
application, the application shall be deemed complete upon the expiration
of the forty-five-day period unless (a) the application lacks information
indicated on the checklist as herein provided, and (b) the Planning
Board or the Board of Adjustment notifies the applicant in writing
of the deficiencies within 45 days of the submission of the application.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he/she is entitled
to approval of the application. The Planning Board or the Board of
Adjustment may subsequently require correction of any information
found to be in error and the submission of additional information
not specified in this or other ordinances or other revisions in the
application documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for the development have been met. However, the application
shall not be deemed incomplete for the lack of any such information,
or any revision of the application documents so required.
b.
The following specific improvements and related applications shall be excluded from the provisions of Sections 35-2.12f, 35-3.12a17, 35-3.13a21 and 35-3.14a21 (relating to Highlands Council matters):
1.
Any improvement to a single-family dwelling in lawful existence as
of the effective date of this Ordinance 2012-#05, adopted June 5,
2012, provided that such improvement: a) is related and dedicated
solely to the single-family residential use of either the dwelling
or the property upon which it is situated; b) results in the ultimate
disturbance of less than one acre of land; and c) produces a cumulative
impervious surface area of less than 1/4 acre.
2.
The reconstruction, within the same footprint, of any building or
other structure lawfully existing as of the effective date of this
Ordinance, in the event of its destruction or partial destruction
by fire, storm, natural disaster, or any other unintended circumstance.
3.
The repair or maintenance of any building or other structure lawfully
existing as of the effective date of this Ordinance. This exclusion
shall not be construed to permit repairs or maintenance activities
that alter the footprint of such building or structure.
4.
The interior improvement, rehabilitation, or modification of any
building or other structure lawfully existing as of the effective
date of this Ordinance. This exclusion shall not be construed to permit
activities that alter the footprint of such building or structure.
5.
The attachment of signs or other ornamentation to any building or structure; the installation of free standing signs, otherwise permitted by the Ringwood Code, provided that such signs do not occupy a surface area footprint of more than 50 square feet; or the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air-conditioning equipment; any other improvement to a building or structure which does not occupy a surface area footprint of more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided in the foregoing subsection 35-3.11b1.
6.
Any improvement or alteration to a building or other structure lawfully
existing as of the effective date of this Ordinance, where such improvement
or alteration is necessary for compliance with the provisions of the
Americans with Disabilities Act, or to otherwise provide accessibility
to the disabled.
7.
Any activity, improvement or development project for which a Highlands
Applicability Determination is not required as a pre-condition of
NJDEP permitting, as provided pursuant to N.J.A.C. 7:38-2.4(b)1 through
2.4(b)10.
c.
A Municipal Agency with whom an application for development has been filed may waive in writing any of the requirements for completeness set forth in Sections 35-2.12, Section 35-3.12, Section 35-3.13, and Section 35-3.14 provided that no waiver of the requirements of Section 35-2.12f, 35-3.12a17 or 35-3.13a21 or 35-3.14a21 (all relating to Highlands Council matters) shall be granted unless the Municipal Agency finds that it is established by the applicant and verified by the Zoning Officer that:
1.
An application for development has not yet been formally determined
to be exempt from the Highlands Act, but eligibility for an exemption
has been sufficiently established by the applicant; or
2.
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands Resource or Highlands Resource Area, nor be of detrimental impact to any Highlands Resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's licensed professional engineer or land surveyor responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands Resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
d.
Each determination by a Municipal Agency of completeness for compliance with Sections 35-2.12f, 35-3.12a17 or 35-3.13a21 or 35-3.14a21 (all relating to Highlands Council matters) and each waiver of any such completeness items under section 35-3.11b shall be subject to review by the Highlands Council. Within five calendar days of issuance of a determination of completeness or waiver by the Municipal Agency, the Administrative Secretary of the Municipal Agency shall give notice to the applicant and to the Highlands Council of any such determination. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of such notice from the Administrative Secretary. The determination of completeness or waiver shall be final and not subject to call up review by the Highlands Council, and the application shall be deemed to be complete, on the date upon which such call-up review period has expired, unless the Highlands Council has given a notice to the applicant and the Municipal Agency of its intention to call the determination or completeness or waiver up for review.
[1985 Code § 21-3.12; Ord. No.
2004-#14 § 1; Ord. No.
2008-#29 § 2; Ord. No.
2012-#05 § 2]
a.
The following items must be submitted in order for an application
to be considered for completeness:
1.
Letter describing what applicant is proposing;
2.
Signed and completed application form;
3.
Signed Affidavit of Ownership;
4.
Affidavit that the subdivider is the agent for or is the owner of
the land in question;
5.
Fees as required by ordinance;
6.
Percolation test results conducted in the presence of the Borough
Engineer or Sanitarian, together with a Certification of such inspection
by the Borough Official (three copies);
7.
Storm drainage calculations (four copies);
8.
Soil Mining Permit application where applicable;
9.
Sixteen copies of Plat in accordance with subsection 36-11.1, 13 copies of which shall include construction drawings if applicable;
10.
Delineation of Flood Hazard Area, Flood Way, Stream Buffers, Wetlands,
and Wetland Buffers;
11.
Copies of all applications, letters, and other documents submitted
to any other reviewing agency such as the Passaic County Planning
Board, Hudson-Essex-Passaic Soil Conservation District, New Jersey
Department of Environmental Protection, United States Corps of Army
Engineers, etc. to the extent that these items are not otherwise required
herein;
12.
The applicants shall be under a continuing obligation to furnish
the Planning Board and its professionals with copies of all correspondence
from and to any such outside reviewing/approving agencies;
13.
Evidence that applicant has applied for approval to Passaic County
Planning Board.
15.
A calculation of the average slope as defined in subsection 36-2.1, of each lot, together with all information required to make that calculation.
16.
A Letter of Interpretation or Letter of Exemption issued by the New
Jersey Department of Environmental Protection pursuant to the requirements
of the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A,
where applicable, indicating the absence of freshwater wetlands, indicating
the presence and verifying the delineation of the boundaries of freshwater
wetlands, or indicating that the project or proposed activities to
be conducted are exempt from the Freshwater Wetlands Protection Act
regulations.
17.
(a)
A Highlands Applicability Determination issued pursuant to N.J.A.C.
7:38-2.4 by NJDEP for any application that has been determined to
be exempt from the requirements of the Highlands Act; or
(b)
For applications that have not been determined to be exempt
from the requirements of the Highlands Act:
(1)
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A Consistency Determination from the Highlands Council indicating
that the application is not consistent with the Highlands Regional
Master Plan, provided that such application is accompanied by a certification
by the professional or professionals designated by the Highlands Council
in the Consistency Determination that, to the best knowledge of such
person, the application has been revised since review by the Highlands
Council to achieve consistency with the Highlands Regional Master
Plan and specifically describing the revisions made to achieve such
consistency.
(3)
Any other checklist items required under resource protection
regulations now or hereafter adopted by the Borough in order to achieve
Plan Conformance under the Highlands Act.
[1985 Code § 21-3.13; Ord. No.
2004-#14 § 2; Ord. No.
2008-#29 § 2; Ord. No.
2012-#05 § 3]
a.
The following items must be submitted in order for an application
to be considered for completeness:
1.
Letter describing what applicant is proposing;
2.
Signed and completed application form;
3.
Signed Affidavit of Ownership;
4.
Signed Affidavit of Disclosure if applicable;
5.
Affidavit that the subdivider is the agent for, or is the owner of
the land in question;
6.
Fees as required by ordinance;
7.
Percolation test results conducted in the presence of the Borough
Engineer or Sanitarian, together with a Certification of such inspection
by the Borough Official (three copies);
8.
Storm drainage calculations (four copies);
9.
Soil Mining Permit application where applicable;
10.
Sixteen copies of Plat in accordance with subsection 36-11.1; 13 copies of which shall include construction drawings if applicable;
11.
Delineation of Flood Hazard Area, Flood Way, Stream Buffers, Wetlands,
and Wetland Buffers;
12.
Copies of all applications, letters, and other documents submitted
to any other reviewing agency such as the Passaic County Planning
Board, Hudson-Essex-Passaic Soil Conservation District, New Jersey
Department of Environmental Protection, United States Corps of Army
Engineers, etc. to the extent that these items are not otherwise required
herein;
13.
The applicants shall be under a continuing obligation to furnish
the Planning Board and its professionals with copies of all correspondence
from and to any such outside reviewing/approving agencies;
14.
Evidence that applicant has applied for approval to Passaic County
Planning Board;
15.
Submission of evidence that the applicant has made application to
the Ringwood Borough Board of Health, where any new or enlarged sanitary
waste disposal is contemplated in the application;
16.
Evidence that the applicant has made application to the Ringwood
Borough Sewer Department (where required by law).
18.
A calculation of the average slope as defined in subsection 36-2.1, of each lot, together with all information required to make that calculation.
19.
An AutoCAD or equivalent format electronic copy of required maps.
20.
A Letter of Interpretation or Letter of Exemption issued by the New
Jersey Department of Environmental Protection pursuant to the requirements
of the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A,
where applicable, indicating the absence of freshwater wetlands, indicating
the presence and verifying the delineation of the boundaries of freshwater
wetlands, or indicating that the project or proposed activities to
be conducted are exempt from the Freshwater Wetlands Protection Act
regulations.
21.
(a)
A Highlands Applicability Determination issued pursuant to N.J.A.C.
7:38-2.4 by NJDEP for any application that has been determined to
be exempt from the requirements of the Highlands Act; or
(b)
For applications that have not been determined to be exempt
from the requirements of the Highlands Act:
(1)
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A Consistency Determination from the Highlands Council indicating
that the application is not consistent with the Highlands Regional
Master Plan, provided that such application is accompanied by a certification
by the professional or professionals designated by the Highlands Council
in the Consistency Determination that, to the best knowledge of such
person, the application has been revised since review by the Highlands
Council to achieve consistency with the Highlands Regional Master
Plan and specifically describing the revisions made to achieve such
consistency.
(3)
Any other checklist items required under resource protection
regulations now or hereafter adopted by the Borough in order to achieve
Plan Conformance under the Highlands Act.
[1985 Code § 21-3.14; Ord. No.
2004-#14 § 3; Ord. No.
2008-#29 § 3; Ord. No.
2012-#05 § 4]
a.
The following items must be submitted for the Site Plan Checklist:
1.
Letter describing what applicant is proposing;
2.
Signed and completed application form;
3.
Signed Affidavit of Ownership;
4.
Signed Affidavit of Disclosure if applicable;
5.
All fees as required by ordinance;
6.
Submission of evidence that the applicant has made application to
the Ringwood Borough Board of Health, where any new or enlarged sanitary
waste disposal is contemplated in the application;
7.
Storm drainage calculations (four copies);
8.
Soil Mining Permit application;
9.
Sixteen copies of Plat in accordance with subsection 38-5.1, 13 copies of which shall include construction drawings if applicable;
10.
Five copies of a separate landscape plan;
11.
Limits of Flood Hazard Area, Flood Way, Stream Buffers, Wetlands,
and Wetland Buffers;
12.
Copies of all applications, letters, and other documents submitted
to any other reviewing agency such as the Passaic County Planning
Board, Hudson-Essex-Passaic Soil Conservation District, New Jersey
Department of Environmental Protection, United States Corp. of Army
Engineers, etc. to the extent that these items are not otherwise required
herein;
13.
The applicants shall be under a continuing obligation to furnish
the Planning Board and its professionals with copies of all correspondence
from and to any such outside reviewing/approving agencies;
14.
Evidence that applicant has applied for approval to Passaic County
Planning Board;
15.
Evidence that the applicant has made application to the Ringwood
Borough Sewerage Authority (where required by law).
17.
A calculation of the average slope as defined in subsection 36-2.1, of each lot, together with all information required to make that calculation.
18.
If a conditional use approval is being sought in connection with
Site Plan Approval, the applicant shall show on the plat or submit
such other information, to demonstrate to the Board that conditional
use approval can be granted without any variance.
19.
An AutoCAD or equivalent format electronic copy of required maps.
20.
A Letter of Interpretation or Letter of Exemption issued by the New
Jersey Department of Environmental Protection pursuant to the requirements
of the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A,
where applicable, indicating the absence of freshwater wetlands, indicating
the presence and verifying the delineation of the boundaries of freshwater
wetlands, or indicating that the project or proposed activities to
be conducted are exempt from the Freshwater Wetlands Protection Act
regulations.
21.
(a)
A Highlands Applicability Determination issued pursuant to N.J.A.C.
7:38-2.4 by NJDEP for any application that has been determined to
be exempt from the requirements of the Highlands Act; or
(b)
For applications that have not been determined to be exempt
from the requirements of the Highlands Act:
(1)
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A Consistency Determination from the Highlands Council indicating
that the application is not consistent with the Highlands Regional
Master Plan, provided that such application is accompanied by a certification,
by the professional or professionals designated by the Highlands Council
in the Consistency Determination that, to the best knowledge of such
person, the application has been revised since review by the Highlands
Council to achieve consistency with the Highlands Regional Master
Plan and specifically describing the revisions made to achieve such
consistency.
(3)
Any other checklist items required under Resource Protection
Regulations now or hereafter adopted by the Borough in order to achieve
Plan Conformance under the Highlands Act.
[Ord. No. 2004-#14 § 4]
a.
The following must be submitted in order for an application for Final
Major Subdivision Approval to be considered for completeness:
4.
Proof of compliance by the applicant with all requirements of the
Board's resolution granting Preliminary Subdivision Approval.
5.
A true copy of all approvals of other governmental agencies (including,
but not limited to the New Jersey Department of Environmental Protection)
required in connection with the subdivision together with copies of
all maps, documents or other materials referred to in such approvals.
6.
A draft copy of all easements, encumbrances, and restrictions shown
on the final plat, together with the metes and bounds descriptions
of such.
7.
An AutoCAD or equivalent format electronic copy of required maps.
[Ord. No. 2004-#14 § 5]
a.
The following must be submitted in order for an application for Final
Site Plan Approval to be considered for completeness:
1.
Proof of compliance by the applicant with all requirements of the
Board's resolution granting Preliminary Site Plan Approval.
2.
A true copy of all approvals of other governmental agencies (including,
but not limited to the New Jersey Department of Environmental Protection)
required in connection with the site plan together with copies of
all maps, documents or other materials referred to in such approvals.
3.
A draft copy of all easements, encumbrances and restrictions shown
on the site plan, together with the metes and bounds descriptions
of such.
4.
An AutoCAD or equivalent format electronic copy of required maps.
[1985 Code § 21-4.1]
An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the Administrative Officer of the Borough based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in paragraph a of subsection 35-2.6 herein, and in accordance with the provisions of N.J.S.A. 40:55D-85.1.
[1985 Code § 21-5.1; Ord. No. 2008-#29 § 1; Ord. #2012-#05 § 6]
a.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term shall be 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.
b.
DISTURBANCE
DISTURBANCE, ULTIMATE
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS COUNCIL
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
NJDEP
NJDEP PRESERVATION AREA RULES
REGIONAL MASTER PLAN
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text of this chapter clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean the total existing or proposed area of disturbance
of a lot, parcel, or other legally designated (or otherwise legally
recognized) tract or subdivision of land, for the purpose of, and
in connection with, any human activity, property improvement, or development,
including the surface area of all buildings and structures, all impervious
surfaces, and all associated land disturbances such as excavated,
filled, and graded areas, and all lawn and landscape areas. Ultimate
disturbance shall not include areas of prior land disturbance which
at the time of evaluation: a) contain no known man-made structures
(whether above or below the surface of the ground) other than such
features as old stone rows or farm field fencing; and b) consist of
exposed rock outcroppings, or areas which, through exposure to natural
processes (such as weathering, erosion, siltation, deposition, fire,
flood, growth of trees or other vegetation) are no longer impervious
or visually obvious, or ecologically restored areas which will henceforth
be preserved as natural areas under conservation restrictions.
Shall mean the Highlands Water Protection and Planning Act,
P.L. 2004, c.120, as amended, codified in part at N.J.S.A. 13:20-1
et seq.
Shall mean the determination made by the NJDEP of whether
a project proposed for the Preservation Area is a major Highlands
development, whether any such major Highlands development is exempt
from the Highlands Act, and whether the project is consistent with
the applicable Areawide Water Quality Management Plan.
Shall mean the New Jersey Highlands Water Protection and
Planning Council.
Shall mean a permit to engage in a regulated activity in
the Highlands Preservation Area issued by the NJDEP pursuant to the
Highlands Act and the NJDEP Highlands Water Protection and Planning
Act Rules (N.J.A.C. 7:38), including an HPAA that contains a waiver
pursuant to N.J.S.A. 13:20-33b. Highlands Preservation Area Approval
includes Highlands general permits issued pursuant to N.J.S.A. 13:20-33d
and promulgated at N.J.A.C. 7:38-12. HPAA, when used in this Ordinance,
includes Highlands general permits unless explicitly excluded.
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, including, but not
limited to, porous paving, paver blocks, gravel, crushed stone, decks,
patios, elevated structures, and other similar structures, surfaces,
or improvements.
Shall mean the total area of all existing or proposed impervious
surfaces situated or proposed to be situated within the boundary lines
of a lot, parcel, or other legally recognized subdivision of land,
expressed either as a measure of land area such as acreage, or square
feet, or as a percentage of the total lot or parcel area.
Shall mean New Jersey Department of Environmental Protection.
Shall mean the regulations established by the NJDEP to implement
requirements of the Highlands Act, titled "Highlands Water Protection
and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Shall mean the Highlands Regional Master Plan or any revision
thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
[1985 Code § 21-5.2]
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., the
substantive provisions of the existing land subdivision chapter, zoning
chapter and site plan review chapter of this revision and the development
regulations set forth therein shall continue in full force and effect
and shall be read in para materia with this chapter.
[1985 Code § 21-5.3]
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 35-4.
[1985 Code § 21-5.4]
This chapter shall be known and may be cited as Chapter 35 Land Use Procedures of the Revised General Ordinances of the Borough of Ringwood.
[Ord. No. 2008-#29 § 5]
Whenever in this chapter or in Chapter 36 entitled "Land Subdivision," Chapter 38 entitled "Site Plan Review" or Chapter 40 entitled "Zoning Regulations" there is any inconsistency between any provision of such chapters and the Regional Master Plan, the standards of the Regional Master Plan shall govern unless the provisions of such chapters are more stringent than those of the Regional Master Plan.
[1985 Code § 21-6.1]
a.
Any person requesting a zone change shall file with the Administrative
Officer such a request. The filing shall include four copies of the
complete application form, 10 copies of any exhibits and related material,
and the fee in accordance with this chapter.
b.
The Administrative Officer shall thereupon notify the Borough Council
and Planning Board in writing of the request for a zone change.
[1985 Code § 21-6.2]
a.
The Administrative Officer shall distribute a copy of the request
and accompanying materials to the following:
1.
Borough Clerk;
2.
Planning Board Chairman;
3.
Borough Engineer;
4.
Borough Planner;
5.
Borough Board of Health;
6.
Environmental Commission;
7.
At the direction of the Planning Board, additional copies of the
application, with or without accompanying materials, may be forwarded
to other Borough, County, or State Officials.
[1985 Code § 21-6.3]
a.
Application. All applications for a change of zone shall be on a
form prescribed by the Administrative Officer containing the following
information:
1.
Property description, including address, tax block, lots and sheet
number, acreage, dimensions and access.
2.
Property use, including present zone and use, proposed zone and use
and zone and use of adjacent property within 200 feet of the subject
property.
3.
A statement of the change requested and the reasons therefor, including
how the proposed zone would benefit the community as a whole.
4.
The application should be signed by the property owners or his authorized
agent, if any, and shall include the address and telephone number
for each.
b.
Exhibits. In addition, the application shall be accompanied by an
exhibit prepared by a licensed land surveyor or professional engineer
which shall meet the following map standards:
1.
Block and lot numbers of such property.
2.
Dimensions of subject property.
3.
Zoning district boundaries affecting the subject property and all
property within 200 feet of all sides of the subject property.
4.
The location of existing property lines, streets, buildings, driveways,
watercourses, railroads, bridges, culverts, drainpipes and any natural
features such as wetlands and treed areas both within the subject
property and 100 feet of its boundary.
5.
A key map showing the subject property in its relation to the surrounding
area.
[1985 Code § 21-6.4]
A preliminary hearing will be held with the applicant by the
Planning Board to determine completeness, the adequacy of the application
and to determine what, if any, additional exhibits and application
documents are required. This hearing shall be held within 45 days
of the date that the application is filed and fees are paid by the
applicant.
The Planning Board may determine that additional investigations
are required. Upon a 2/3 vote of the Board, the applicant shall supply
the additional information which may include, but not be limited to:
itemized soil type, topography, geology, vegetation, surface water,
existing and proposed soil erosion and sedimentation, flooding water
degradation, sewerage/septic disposal, wildlife, scenic and historical
features, effect on public services, effect on emergency services
and traffic considerations.
After all application documents, investigations and exhibits
required by the Planning Board have been submitted by the applicant,
and after all required fees have been paid, the Planning Board shall
make a determination of completeness within 45 days thereafter.
The Planning Board shall adopt a resolution recommending or
disapproving of the zone change request within 120 days of the determination
of completeness or by such extended date as may be agreed to by the
applicant. The resolution of the Planning Board shall contain a summary
of the testimony, findings of fact and conclusions in support of its
recommendation to the Mayor and Council.
The Borough shall provide public notice (legal advertising)
and the developer shall provide private notice (certified mail). The
developer shall serve notice upon all property owners within the zone
in which the applicant's property is located and to all owners
of property located within 200 feet of the boundaries of the zone.
The Planning Board may, if requested, delineate a smaller geographic
area for receiving private notice.
[1985 Code § 21-6.5]
The Planning Board shall forward its resolution, minutes, exhibits
and all other documents relative to the zone change request to the
Mayor and Council.
The Mayor and Council shall conduct a "DeNovo" hearing on the
record below. The applicant shall be given an opportunity to submit
additional evidence and to advance legal argument. The public shall
also be granted the opportunity to give additional evidence and comment.
The Mayor and Council shall conclude the hearing(s) within 120
days of its receipt of the Planning Board resolution and file. It
shall adopt a resolution following, changing or rejecting the recommendation
of the Planning Board.
[1985 Code § 21-6.6]
a.
Application Fee: $250, to be submitted when the application is filed.
b.
Professional Review Fee: The fees for the Planning Board Engineer,
Planner and Attorney shall be paid in full by the applicant. The fees
will be paid from an escrow fund maintained by the Planning Board
created from deposits paid into the fund by the applicant. The Planning
Board Administrative Secretary shall be in charge of the fund.
1.
With the application and the administrative application fee the applicant
shall also make an initial deposit of $2,500 toward the escrow for
professional review fees. When the fund is near depletion, the Administrative
Secretary shall notify the Planning Board which shall require the
applicant to make an additional deposit to the fund in increments
of $2,500 each. Under no circumstances shall the applicant be required
to pay professional review fees in excess of $10,000 per application.
2.
The Planning Board Engineer, Planner and Attorney shall submit invoices
to the Planning Board Administrative Secretary for their work in reviewing
the zone change application and in participating in the Planning Board
meetings dealing with same. The charges shall be based upon the prevailing
hourly rates as set forth in the contracts in effect for the professionals
with the Planning Board.
3.
All invoices shall be reviewed by the Planning Board Finance Committee
following the same procedures as for all other vouchers or invoices
submitted to the Planning Board. They shall not be paid until they
are approved through the regular voucher/invoice approval procedure.
4.
The professionals shall submit a copy of their invoices to the applicant
concurrently with submitting the invoice to the Planning Board. All
invoices shall contain an itemization of time and services.
5.
If professional services are required in connection with the hearings
of the Mayor and Council, the invoices shall be paid again from the
above escrow fund. However, the invoices for professional services
shall be submitted to the Manager or Clerk as the Council may designate.
The Council shall direct payment after review and approval of the
invoices/vouchers by a written directive to the Planning Board Administrative
Secretary.
6.
Any funds remaining on deposit in the escrow fund at the conclusion
of all hearings (Planning Board and Mayor and Council) in connection
with the application, shall be refunded to the developer.
