[1966 Code § 39-51; Ord. No. 2-77]
This chapter shall be known and may be cited as the "Land Use
Procedures Regulations" of the Borough of Bloomingdale.
[1966 Code § 39-46; Ord. No. 2-77]
Whenever a term is issued in this chapter which is defined in
P.L. 1975, c. 291, 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.
[1]
Editor's Note: Ordinance No. 43-2006 continued the Planning
Board of the Borough of Bloomingdale and abolished the Zoning Board
of Adjustment. All rights, powers and duties vested by law in the
Zoning Board of Adjustment are transferred to and vested in the Planning
Board pursuant to N.J.S.A. 40:55D-25c(1).
[1966 Code § 39-1; Ord. No. 2-77; Ord. No. 3-80; Ord. No. 43-2006 § 3]
There is hereby established pursuant to P.L. 1975, c. 291, in
the Borough of Bloomingdale, a Planning Board of nine members consisting
of the following four classes:
a.
Class I: The Mayor.
b.
Class II: one of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor, provided that
if an Environmental Commission is established, 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, shall be deemed to be the Class II Planning
Board member if there are both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV or alternate
members.
c.
Class III: A member of the governing body to be appointed by it.
d.
Class IV: six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. 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 unless there are among the Class IV or alternate
members of the Planning Board 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 the Class
II member of the Planning Board.
e.
Alternate Members.
1.
Four alternate members may be appointed by the Mayor. The alternate
members shall meet the qualifications of Class IV members of nine
member Planning Boards. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3" and "Alternate No. 4," respectively. The
terms of the alternate members shall be for two years, except that
the terms of the alternate members shall be such that the term of
not more than one alternate member shall expire in any one year. The
initial terms of "Alternate No. 3" and "Alternate No. 4" shall be
two years and one year, respectively, such that each subsequent term
of "Alternate No. 3" shall coincide with the term of "Alternate No.
1" and that each subsequent term of "Alternate #4" shall coincide
with the term of "Alternate #2." A vacancy occurring otherwise than
by expiration of term shall be filled by the Mayor for the unexpired
term only.
2.
No alternate member shall be permitted to act on any matter in which
the alternate has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if the alternate
member requests one, be removed by the governing body for cause.
3.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence of disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[1966 Code § 39-2; Ord. No. 2-77]
a.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or 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 comes first.
b.
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
c.
The terms of all Class IV members first appointed pursuant to this
section shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made, unless an appointment is made to fill an unexpired term.
[1966 Code § 39-3; Ord. No. 2-77]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[1966 Code § 39-4; Ord. No. 2-77]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
[1966 Code § 39-5; Ord. No. 2-77]
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 exceed, however, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[1966 Code § 39-6; Ord. No. 2-77; Ord. No. 3-80]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make and adopt and amend a Master Plan for the physical and social
development and policy of the Borough, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision and site plan
review regulations of the Borough in accordance with the provisions
of the ordinance and the Municipal Land Use Law of 1975 (N.J.S.A.
40:55D-1 et seq.).
c.
To approve conditional uses in accordance with the provisions of
the zoning regulations 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, including preparation
of grant proposals and evaluation thereof.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To consider and make a report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Board of Adjustment:
1.
Variances pursuant to Section 51c of Chapter 291, Laws of New Jersey
1975 and Chapter 216 of the Laws of New Jersey, 1979.
2.
Direction pursuant to Section 25 of the Act for the issuance of a
permit for a building or structure in the bed of a mapped street or
public drainageway, flood control basin or public area reserved pursuant
to Section 23 of the Act.
3.
Direction pursuant to Section 27 of the Act for the issuance of a
permit for a building or structure not related to a street.
|
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
|
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
i.
Whenever the Planning Board shall have adopted any portion of the
Master Plan, the governing body or other public agency having jurisdiction
over the subject matter, before taking action necessitating the expenditure
of any public funds incidental to the location, character or extent
of such project, shall refer the action involving such specific project
to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon without such recommendation.
This requirement shall apply to action by a housing, parking, highway,
special district or other authority, redevelopment agency, school
board or other similar public agency, State, County or municipal (N.J.S.A.
40:55D-31).
j.
The Planning Board may investigate, study and survey substandard
areas within the Borough and recommend to the Mayor and Borough Council
such action as it deems advisable for the rehabilitation and preservation
of such areas.
[1966 Code § 39-13; Ord. No. 2-77]
a.
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of an ordinance adopted pursuant
to N.J.S.A. 40:55D-51 if the literal enforcement of one or more provisions
of the ordinance is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
b.
The Planning Board, when acting upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of the provisions for site
plan review and approval of an ordinance adopted pursuant to N.J.S.A.
40:55D-51 if the literal enforcement of one or more provisions of
the ordinance is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
c.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[1966 Code § 39-19; Ord. No. 2-77]
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, and administration of oaths and taking
of testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[1]
Editor's Note: Ordinance No. 43-2006 abolished the Zoning
Board of Adjustment and reserved subsections 33-4.2—33-4.4.
Prior ordinance history includes portions of 1966 Code §§ 39-20
through 39-23 and Ordinance Nos. 2-77, 1-80 and 1-86.
[Ord. No. 43-2006 § 2]
a.
The Zoning Board of Adjustment of the borough of Bloomingdale, as
heretofore established pursuant to N.J.S.A. 40:55D-69, be and is hereby
abolished.
b.
All rights, powers and duties vested by law in the Zoning Board of
Adjustment of the Borough of Bloomingdale be and are hereby transferred
to, and vested in, the Planning Board of the Borough of Bloomingdale
pursuant to N.J.S.A. 40:55D-25c(1).
c.
All members, officers, agents and/or employees of the Zoning Board
of Adjustment of the Borough of Bloomingdale be and are hereby discharged
from their positions, offices and/or employment.
d.
All matters presently pending before the Zoning Board of Adjustment
of the Borough of Bloomingdale be and are hereby deemed transferred
to the Planning Board of the Borough of Bloomingdale.
e.
All references made in the Revised General Ordinances of the Borough
of Bloomingdale to the "Zoning Board of Adjustment" shall hereafter
be deemed to refer to the "Planning Board" of the Borough of Bloomingdale.
[1966 Code § 39-24; Ord. No. 2-77; Ord. No. 3-80]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this section to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, but not by way of limitation,
the authority in connection with any case, action or proceeding before
the Board to interpret and construe the provisions of this chapter
or any term, clause, sentence or word hereof and the Zoning Map, in
accordance with the general rules of construction applicable to legislative
enactments.
c.
The Board may in appropriate cases and subject to appropriate conditions
and safeguards grant variances from the terms of this chapter in accordance
with the general or specific rules contained herein and with the general
rules hereby laid down that equity shall be done in cases where the
strict construction of the provisions of this chapter would work undue
hardship. The powers and duties of the Board having been delegated
to and imposed upon it by Statute, the Board shall in all cases follow
the provisions applicable to it in c. 291, P.L. 1975, or subsequent
Statutes in such case made and provided, and the Zoning Board of Adjustment
Secretary shall 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.
d.
The Zoning Board of Adjustment shall have such powers as are granted
by law to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by the Zoning Officer or an agency based on or made in the enforcement
of the zoning regulations.
2.
Hear and decide requests for interpretation of the Zoning Map or
zoning regulations, or for decisions upon other special questions
upon which such Board is authorized by the zoning regulations to pass.
3.
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of other exceptional
topographic conditions or by reason of other extraordinary and exceptional
situation or condition of such piece of property, the strict application
of any regulation in the zoning regulations would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the owner of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application so as to relieve such difficulties or hardship, including
a variance for a conditional use; provided, however, that no variance
shall be granted under this subsection to allow a structure or use
in a district restricted against such structure or use, and further
provided that the proposed development does not require approval by
the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board shall review a request
for a variance pursuant to N.J.S.A. 40:55D-60c of the Municipal Land
Use Law of 1975, revised, P.L. 1979, c. 216.
4.
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to the regulations of the
Borough Zoning, including but not limited to allowing a structure
or use in a district restricted against such structure or use, but
only by an affirmative vote of at least five members of the seven
authorized membership of the Zoning Board of Adjustment.
e.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning regulations.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall extend the period
of time within which the Zoning Board of Adjustment shall act.
f.
The Zoning Board of Adjustment shall, in addition to the powers specified
in this subsection, have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
3.
Grant, to the same extent and subject to the same restrictions of
the Planning Board, subdivision or site plan approval pursuant to
P.L. 1979, c. 216, conditional use approval pursuant to N.J.S.A. 40:55D-67
whenever the proposed development requires approval by the Board of
Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer
may elect to submit a separate application requesting approval of
the variance and a subsequent application for any required approval
of a subdivision, site plan or conditional use. The separate approval
of the variance shall be conditional upon a grant of all required
subsequent approvals by the Board of Adjustment. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
of the intent and purpose of the zone plan and zoning regulations.
The number of votes of Board members required to grant any such subsequent
approval shall be as otherwise provided in this ordinance for the
approval in question.
[1966 Code § 39-26; § 39-43; Ord. No. 2-77; Ord. No.
2-78; Ord. No. 3-80; New]
a.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an Administrative Officer. Applications addressed to the original
jurisdiction of the Board of Adjustment without prior application
to an Administrative Officer shall be filed with the Secretary of
the Board of Adjustment. Four copies of the application shall be filed,
but in no event less than 10 days prior to the date set for the hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Board of Adjustment. The applicant shall obtain all necessary
forms from the Zoning Board of Adjustment Secretary. The Zoning Board
of Adjustment Secretary shall inform the applicant of the steps to
be taken to initiate proceedings and of the regular meeting dates
of the Board.
b.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of an Administrative Officer of the
Borough based on or made in the enforcement of the zoning regulations
or Official Map. 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 10 copies of the notice with
the Construction Official. The notice of appeal shall specify the
grounds for the appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. The appeal
must be taken within 65 days of filing a notice of appeal in accordance
with the provisions of N.J.S.A. 40:55D-72.
c.
An appeal may be taken to the governing body from the granting of
a variance by the Board of Adjustment pursuant tot he provisions of
N.J.S.A. 40:55D-17. An appeal may also be filed directly with the
Superior Court of New Jersey, Law Division, Passaic County.
d.
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 Zoning Board of Adjustment
after notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the Officer from whom the appeal is taken
and on due cause shown.
[1966 Code § 39-27; Ord. No. 2-77]
Public notice on any application for variance shall be given
in accordance with N.J.S.A. 40:55D-12.
[1966 Code § 39-28; Ord. No. 2-77]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of c. 291, P.L. 1975, or amendments
thereto or subsequent Statutes applying, reverse or affirm wholly
or partly or 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 power of the Administrative
Officer from whom the appeal was taken.
[1966 Code § 39-29; Ord. No. 2-77]
Any variance from the terms of this chapter hereafter granted
by the Zoning 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 one year from the date of entry of the judgment or determination
of the Board of Adjustment; except, however, in the case of a use
variance which also involves a subdivision or site plan approval,
the variance shall extend for the full period of preliminary approval
[i.e. three years], and except, however, that the running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Board of Adjustment to the governing
body, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
[1966 Code § 39-30; Ord. No. 2-77]
a.
The Zoning Board of Adjustment shall render its decision not later
than 120 days after the date that an appeal is taken from the decision
of the Zoning Officer or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-73.
b.
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.
[1966 Code § 39-33; Ord. No. 2-77]
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.
[1]
Editor's Note: See also Section 2-94.
[1966 Code § 39-34; Ord. No. 2-77; Ord. No. 3-80]
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 canceled for lack of
applications for development to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by a majority vote of the members present
at the meeting except as otherwise required by any provision of P.L.
1975, c. 291, as amended in P.L. 1979, c. 216.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act, c. 231, P.L. 1975.
An executive session for the purpose of discussing and studying any
matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1966 Code § 39-35; Ord. No. 2-77]
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 the 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.
Refer to subsection 33-4.7.
Refer to subsection 33-4.7.
[1966 Code § 39-47; Ord. No. 2-77]
All sections of the Land Subdivision Ordinance and Zoning 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.
[1966 Code § 39-48; Ord. No. 2-77]
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 33-7.
[1966 Code § 39-49; Ord. No. 2-77]
The governing body shall enforce this chapter and any regulations
made and adopted hereunder. To that end, the governing body may require
the issuance of specified permits, certificates or authorizations
as a condition precedent to the erection, construction, alteration,
repair, remodeling, conversion, removal or destruction of any building
or structure; the use or occupancy of any building, structure or land;
and the subdivision or resubdivision of any land. The governing body
shall establish an Administrative Officer and offices for the purpose
of issuing such permits, certificates or authorizations; may condition
the issuance of such permits, certificates and authorizations upon
the submission of such data, materials, plans, plats and information
as is authorized hereunder and upon the express approval of the appropriate
State, County or municipal agency; may establish reasonable fees to
cover administrative costs for the issuance of such permits, certificates
and authorizations. In case any building or structure is erected,
constructed, altered, repaired, converted or maintained, or any building,
structure or land is used in violation of this chapter, or other regulation
made under authority conferred hereby, the proper local authorities
of the municipality or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of the building, structure or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
[1966 Code § 39-50; Ord. No. 2-77]
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any State agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any State agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
the development, the running of the period of approval under this
chapter or under any ordinance repealed by this chapter, as the case
may be, shall be suspended for the period of time the legal action
is pending or such directive or order is in effect.
[1966 Code § 39-53; Ord. No. 2-77]
Immediately upon adoption of this chapter, the Municipal Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the municipality relating
to land use, such as the subdivision, zoning and site plan review
regulations.
[1966 Code § 39-54; Ord. No. 4-87; Ord. No. 19-88; Ord. No. 2-90; Ord. No.
8-92; Ord. No. 9-96; Ord. No. 7-98; Ord. No. 22-99 § I; Ord.
No. 13-2013 § 2]
a.
The following schedule of fees is hereby established for all land
use applications and procedures before the Board of Adjustment, the
Planning Board and the governing body of the Borough:
2.
All regular and special meetings shall be recorded electronically.
Any interested party may request a transcript, or duplicate recording
in lieu thereof, at his own cost and expense. Any person wishing a
transcript shall provide for a certified stenographer reporter to
prepare the transcript and shall pay the reporter directly. Any person
requesting duplicate recording shall present himself at the Municipal
Building with adequate facilities to make a duplicate recording and
shall have the opportunity to make the duplicate recording. If the
time and assistance of the Administrative Officer or his municipal
officer or employee is required, a fee in the amount of $8 per hour
shall be paid to the municipality.
4.
Any applicant wishing to make his own arrangements for publication
of a decision of a municipal agency shall so notify the agency at
the time of final hearing. In the absence of such notification, the
municipality shall provide for publication, and the applicant shall
reimburse the municipality for the actual cost thereof.
5.
An applicant shall reimburse the municipality for the actual cost
of publication pursuant to N.J.S.A. 40:55D-12 (P.L. 1975, c. 291,
§ 7.1A).
6.
Whenever notice to property owners within 200 feet in all directions
of the property involved in an application is required and the applicant
requests a certified list of property owners from the administrative
officer, a fee shall be paid by the applicant of $10.
7.
An appeal to the governing body of any decision of a municipal agency
shall be accompanied by a fee in the amount of $200 and the person
making the appeal shall furnish the governing body with a transcript
of the proceeding below, together with a copy of all documents and
exhibits, all at the sole cost and expense of the appellant. The transcript
and the documents shall be filed with the governing body at least
seven days prior to a scheduled hearing on an appeal.
8.
Any interested party may obtain a copy of a decision of the governing body on an appeal, and the fee shall be as stated in Chapter 2, Section 2-80. The appellant shall be mailed a copy of the decision without charge. An appellant may make arrangements for publication of the decision, if he has notified the governing body of his intent at the time of the hearing; otherwise, the governing body shall provide for publication, and the appellant shall reimburse the municipality for the actual cost of the publication.
9.
The fee for an application for a permit pursuant to the provisions
of N.J.S.A. 40:55D-34 shall be $200.
10.
The fee for an application pursuant to the provisions of N.J.S.A.
40:55D-35 shall be $200.
11.
The fee for an appeal pursuant to the provisions of N.J.S.A. 40:55D-36
shall be $200.
12.
The fee for a minor subdivision application will be:
(a)
For a minor subdivision not involving the creation of any new
building lot: $250.
(b)
For a minor subdivision involving the creation of a new building
lot: $1,000.
(c)
The fee for a revision to a current application for a minor
subdivision shall be $150.
(d)
The fee for an amendment to an application previously granted
for a minor subdivision shall be a sum equal to 50% of the application
fee.
(e)
The fee for a reapproval of a minor subdivision shall be a sum
equal to 50% of the application fee.
13.
The fee for an application for a classification of subdivision shall
be $100.
14.
The fee for a preliminary approval of a major subdivision shall be
$1,000 plus $50 per lot.
15.
(a)
The fee for final approval of a major subdivision shall be $1,000
plus $30 per lot.
(b)
The fee for an application seeking both preliminary and final
approval of a major subdivision shall be $1,500, plus $50 per lot.
(c)
The fee for a revision to a current application for a major
subdivision shall be $250.
(d)
The fee for an amendment to an application previously granted
for a major subdivision shall be 50% of the application fee.
(e)
The fee for an extension of preliminary or final major subdivision
approval shall be 50% of the application fee.
17.
The fee for providing a certificate pursuant to N.J.S.A. 40:55D-56
shall be in the maximum amount permitted by N.J.S.A. 54:5-14 and 54:5-15,
as it shall be amended.
18.
In any case in which the appellant requests the Planning Board to
use its ancillary powers pursuant to N.J.S.A. 40:55D-60, the application
shall be accompanied by fees which would be charged under the authority
of this chapter by the Board of Adjustment if the application has
been made to the Board of Adjustment. Such fees shall be in addition
to the fees provided by this chapter for the principal relief requested
in the application.
19.
The fee for an application to the Board of Adjustment for a variance
in connection with a residential use shall be $250; for a commercial
or industrial use, $750; for a residential conditional use $250; and
for a commercial or industrial conditional use, $750.
20.
The fee for an appeal to the Board of Adjustment from the decision
or refusal made by an Administrative Officer based on or made in the
enforcement of the zoning regulations shall be $400.
21.
There shall be no fee for an appeal to the Board of Adjustment to
hear and decide requests for interpretation of the Zoning Map or ordinances
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 N.J.S.A. 40:55D-70(b).
22.
The fee for an application to the Board of Adjustment pursuant to
N.J.S.A. 40:55D-76b shall be $400.
23.
The fee for an application for a sign variance shall be $250.
b.
Escrow Deposit.
1.
Escrow Account. In addition to the required application fees established
herein, the applicant shall be required to establish one or more escrow
accounts with the Borough to cover the reasonable costs of professional
review of applications for development, review and preparation of
documents, and professional consultation required as a result of an
application.
2.
Professional Services. Professional services shall include the services
of a duly licensed engineer, surveyor, planner, attorney, appraiser
or other expert who would provide professional services to insure
that an application complies with the standards set forth in the Code
and whose testimony may be solicited to give further information to
the Borough or the approving authority in any area addressed by any
of the applicant's experts.
3.
Escrow Fees.
(a)
Escrow shall be posted with the Borough by certified check or
money order. The escrow fees shall be required for applications for
the following:
(b)
If the applicant at the Borough's request is required to submit
two revisions and submissions in addition to the original application
with the exception of an application for a minor subdivision, the
applicant shall again deposit the initial amount for review as set
forth in subsection (d) below after the second revision and submittal
is filed.
4.
Initial amount required for review of applications.
(a)
The amount for review of applications for developments proposing
a subdivision to be deposited in escrow shall be as follows:
|
Residential Development
|
Escrow Amount
|
|---|---|
|
0-25 units/lots
|
$500.00 + 100./unit or lot
|
|
26-100 units/lots
|
500.00 + 25./unit or lot
|
|
101 and above units/lots
|
500.00 + 80./unit or lot
|
|
Nonresidential Development
Not Involving Structures (Subdivisions)
|
Escrow Amount
|
|---|---|
|
0-3 lots
|
$600.00 + 50./lot
|
|
3 + lot
|
600.00 + 25./lot
|
|
Minor Subdivisions
|
500.00
|
(b)
The amount deposited in escrow for review of applications for
developments proposing a site plan shall be as follows:
|
Nonresidential Development
Involving Structure
(Site plans based on total floor plan)
|
Escrow Amount
|
|---|---|
|
Up to 2,500 square feet
|
$1,000.00 + 100./100 sq. ft.
|
|
2,501 - 20,000 square feet
|
1,000.00 + 75./100 sq. ft.
|
|
20,000 plus square feet
|
1,000.00 + 50./100 sq. ft.
|
|
Residential Development
|
Escrow Amount
|
|---|---|
|
0-25 units/lots
|
$500.00 + 100./unit or lot
|
|
26-100 units/lots
|
500.00 + 90./unit or lot
|
|
101 and above units/lots
|
500.00 + 80./unit or lot
|
(c)
Deposits for inspection fees shall be charged in conformance
with N.J.S.A. 40:55D-53(h).
(d)
If the application submitted to the Planning Board is not listed in subsection 3(a) or 3(b) above, or if any type of review, inspection, preparation of documents or other type of work related to the developer's application is required which does not fall within any category in this section, the Borough Engineer shall recommend a reasonable amount to be deposited in an escrow account or charged to an escrow account to cover such costs.
(e)
Fee for updating Tax Map shall be $100 per lot.
5.
Payments made by Chief Financial Officer. The Chief Financial Officer
of the Borough shall make all of the payments to the professionals
for services rendered to the Borough or approving authority for review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes pursuant to N.J.S.A.
40:55D-1 et seq. All fees or charges shall be based upon a schedule
established by resolution as adopted by the Planning Board.
6.
Application review and inspection charges. The application review
and inspection charges shall be limited only to professional charges
for review of applications, review and preparation of documents and
inspections of development under construction and review by outside
consultants when an application is of a nature beyond the scope of
the expertise of the professionals normally utilized by the Borough.
7.
Additional charges. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The Borough or approving authority shall not bill the applicant or charge any escrow account authorized in subsection b4 above, for any clerical or administrative functions performed by the Borough, overhead expenses, meeting room charges, or any other Borough costs and expenses except as provided for in this section nor shall a Borough professional add any such charges to his bill.
8.
Limitation on charges. If the salary, staff support and overhead
for a Borough professional are provided by the Borough, the charge
shall not exceed 200% of the sum of the products resulting from multiplying
(a) the hourly base salary, which shall be established annually by
ordinance, of each of the professionals by (b) the number of hours
spent by the respective professional upon review of the application
for development or inspection of the developer's improvements, as
the case may be. For other professionals, the charge shall be at the
same rate as all other work of the same nature by the professional
for the Borough when fees are not reimbursed or otherwise imposed
on applicants or developers.
9.
Payment by voucher. Each payment charged to the deposit for review
of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the individual performing the service,
and for each date the services were performed, the hours spent to
one-quarter (1/4) hour increments, the hourly rate and the expenses
incurred. The following must be followed:
(a)
All professionals shall submit vouchers to the Chief Financial
Officer of the Borough on a monthly basis in accordance with schedules
and procedures established by the Chief Financial Officer of the Borough.
(b)
If the services are provided by a Borough professional employee,
the employee shall prepare and submit a statement containing the same
information as required on a voucher on a monthly basis to the Chief
Financial Officer.
(c)
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Borough
simultaneously to the applicant. The Chief Financial Office of the
Borough shall prepare and send to the applicant a statement which
shall include an accounting of funds, listing all deposits, interest
earnings, disbursements, and the cumulative balance of the escrow
account. If monthly charges are $1,000 or less, this information shall
be provided on a quarterly basis. If monthly charges exceed $1,000
this information shall be provided on a monthly basis.
(d)
If an escrow account or deposit contains insufficient funds
to enable the Borough or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer of
the Borough shall provide the applicant with a notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or application, the applicant shall within 10 days post a deposit
to the account in an amount to be agreed upon by the Borough or approving
authority and the applicant. In the interim, any required health and
safety inspections shall be made by the Borough and charged back against
the replenishment of funds. The Borough shall not make any additional
inspections or take any additional action until sufficient funds are
deposited.
10.
Professional charges for review. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary, given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modification or amendment made by the applicant.
11.
Inspection fees. Inspection fees shall be charged only for actual
work shown on a subdivision or site plan or required by an approving
resolution. Professionals inspecting improvement under construction
shall charge only for inspections that are reasonably necessary to
check the progress and quality of the work and such inspections shall
be reasonably based on the approved development plans and documents.
12.
Review required by the State of New Jersey. A professional shall
not review items which are subject to approval by any State governmental
agency and not under Borough jurisdiction except to the extent consultation
with a State agency is necessary due to the effect of State approvals
on the subdivision or site plan.
13.
Close-out procedures. The following close-out procedures shall apply
to all deposits and escrow accounts established under the provisions
of P.L. 1975, c. 291 (C.40:55D-1 et seq.) and shall commence after
the approving authority has granted final approval and signed the
subdivision plat or site plan, in the case of application review escrows
and deposits, or after the improvements have been approved as provided
in Section 41 of P.L. 1975, c. 291 (C.40:55D-53), in the case of improvement
inspection escrows and deposits.
(a)
The applicant will send written notice by certified mail to
the Chief Financial Officer of the Borough and the approving authority,
and to the relevant Borough professional, that the application is
completed or the improvements, as the case may be, completed.
(b)
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer of the Borough within
30 days, and shall send a copy simultaneously to the applicant.
(c)
The Chief Financial Officer of the Borough shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill.
(d)
Any balances remaining in the deposit or escrow account, including
interest, in accordance with Section 1 of P.L. 1985, c. 315 (C.40:55D-53.1),
shall be refunded to the developer along with the final accounting.
14.
Change of professionals. If the Borough retains a different professional
or consultant in the place of the professional originally responsible
for the development, application review, or inspection of improvements,
the Borough or approving authority shall be responsible for all time
and expenses of the new professional to become familiar with the application
or the project, and the Borough or approving authority shall not bill
the applicant or charge the deposit or the escrow account for such
services.
15.
Estimation for the cost of installation of improvements. The cost
of the installation of improvements for the purposes of Section 41
of P.L. 1975, c. 291 (C.40:55D-53) shall be estimated by the Borough
Engineer based on documented construction costs for public improvements
prevailing in the general area of the Borough. The developer may appeal
the Borough Engineer's estimate to the County Construction Board of
Appeals established under Section 9 of P.L. 1975, c. 217 (C.52:27D-127).
16.
Dispute of charges.
(a)
An applicant shall notify the governing body of the Borough
in writing and forward copies to the Chief Financial Officer, the
approving authority and the professional whenever the applicant disputes
the charges made by a professional for the services rendered to the
Borough in reviewing applications for development, review and preparation
of documents, inspection of improvements, or other charges made pursuant
to the provisions of P.L. 1975, c. 291 (C.40:55D-1 et seq.)
(b)
The governing body, or its designee, shall attempt to remedy
any disputed charges within a reasonable period of time.
(c)
If the applicant is not satisfied with the resolution of the
dispute, the applicant may appeal to the County Construction Board
of Appeals established under Section 9 of P.L. 1975, c. 217 (C.52:27D-127)
any charge to an escrow account or deposit by any Borough professional
or consultant, or the cost of the installation of improvements estimated
by the Borough Engineer pursuant to Section 15 of P.L. 1991, c. 256
(C.40:55D-53.4).
(d)
An applicant or his authorized agent shall submit the appeal
in writing to the County Construction Board of Appeals. The applicant
or his authorized agent shall simultaneously send a copy of the appeal
to the municipality, approving authority, and any professional whose
charge is the subject of the appeal.
(e)
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file the appeal within 60 days from receipt of the Borough statement of activity against the deposit or escrow account required by subsection c of N.J.S.A. 40:55D-53.2.
(f)
An applicant may file an appeal for an ongoing series of charges
by a professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant is not required to appeal each charge individually.
17.
County Construction Board of Appeals. Pursuant to N.J.S.A. 40:55D-32.2a(b),
the County Construction Board of Appeals shall hear the appeal, render
a decision, and file its decision with a statement of the reasons
therefor with the Borough or approving authority, not later than 10
business days following the submission of the appeal, unless such
period of time has been extended with the consent of the applicant.
The County Construction Board of Appeals may approve, disapprove,
or modify the professional charges appealed from. A copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the Borough, the approving authority, and the professional
involved in the appeal. Failure by the Board to hear an appeal and
render and file a decision thereon within the time limits prescribed
in this subsection shall be deemed a denial of the appeal for purposes
of a complaint, application or appeal to a Court of competent jurisdiction.
18.
Pending appeals. During the pendency of any appeal, the Borough or
approving authority shall continue to process, hear and decide the
application for development and to inspect the development in the
normal course, and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction of the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this section.
While an appeal is pending, the applicant shall continue to maintain
an escrow account and deposit any amounts required as set forth above.
The following procedures shall be followed pending an appeal.
(a)
The Chief Financial Officer of the Borough may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed.
(b)
If a charge is disallowed after payment to a professional employee
of the Borough, the Chief Financial Officer of the municipality shall
reimburse the deposit or escrow account in the amount of any such
charge or refund the amount to the applicant.
(c)
If a charge is disallowed after payment to a professional or
consultant who is not an employee of the municipality, the professional
or consultant shall reimburse the municipality in the amount of any
such disallowed charge.
19.
Approval of application. No site plan shall be signed nor any building
permits or approvals be issued with respect to any approved application
for development until all fees as set forth herein are paid.
c.
The fee for an application for an informal/conceptual review shall
be $250. This sum shall be credited toward application fees due in
the event that a formal application is filed.
[1966 Code § 39-55; Ord. No. 4-87; Ord. No. 9-96 § IV]
In the event that revisions are required while an application
is pending, there shall be supplemental fees as follows:
a.
Variance: $150.
[1966 Code § 39-56; Ord. No. 4-87]
In the event that any provision of any regulation of the Borough
provides a different fee, the fee provided in this section shall be
controlling.
[Ord. No. 19-2013 Preamble]
The Borough of Bloomingdale desires to include its Official
Zoning Map in the Borough Code. There are no amendments to the current
zoning designations. This is to memorialize all Borough zoning designations.
[Ord. No. 19-2013, adopted
6-11-13 included the Zoning Map dated 11/19/12.]
[Ord. No. 9-96 § 39-58]
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 materials,
and the fee in accordance with this chapter.
The Administrative Officer shall thereupon notify the Borough
Council and Planning Board, in writing, of the zone change application.
[Ord. No. 9-96 § 39-59]
The Administrative Officer shall distribute a copy of the request
and accompanying materials to the following:
a.
Borough Clerk.
b.
Planning Board Chairman.
c.
Borough Engineer.
d.
Borough Attorney.
e.
Borough Planner.
f.
Board of Health.
g.
Environmental Commission.
h.
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.
[Ord. No. 9-96 § 39-60]
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, lot and sheet
number, acreage, dimensions and access.
2.
Property use, including present zone and use, proposed zone and use
and use of adjacent property within 200 feet of the subject property.
3.
A statement of the change requested and the reason therefor, including
how the proposed zone would benefit the community as a whole.
4.
The application should be signed by the property owners or an 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 number 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, drain pipes, 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.
[Ord. No. 9-96 § 39-61]
a.
A preliminary hearing will be held with the applicant by the Planning
Board to determine completeness, 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.
b.
The Planning Board may determine that additional investigations are
required. Upon a majority vote of the Board, the applicant will 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 consideration.
c.
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 on completeness within 45 days thereafter.
d.
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.
e.
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.
[Ord. No. 9-96 § 39-62]
a.
The Planning Board shall forward its resolution, minutes, exhibits
and all other documents relative to the zone change request to the
Mayor and Council.
b.
The Mayor and Council shall conduct a hearing on the application.
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.
c.
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 recommendations
of the Planning Board.
[Ord. No. 9-96 § 39-63]
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
shall 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 Planning Board 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 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 procedure 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 hearing(s)
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 Administrator 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.
c.
Fee for Updating Zoning Map. $250.
