A. 
The purpose of this chapter is to provide rules, regulations and standards to guide the process of site plan review and land subdivision approval in the Borough of Bloomingdale in order to promote the public health, safety, convenience, morals and general welfare of the Borough. It shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services and to achieve the purposes set forth in Article 1 of the Municipal Land Use Law, P.L. 1975, c. 291.
B. 
The standards set out in this chapter shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board, the Planning Board acting as the Board of Adjustment and the Borough Council under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
A. 
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
ADMINISTRATIVE OFFICERS
The persons who shall function as Zoning Officer and Planning Board Secretary of the Borough of Bloomingdale.
ALLEY OR SERVICEWAY
Public or private ways open to public vehicular use, primarily for service and access to the rear or side of the properties otherwise abutting on a street.
APPLICANT
A developer submitting an application for development.
BLOCK
The area bounded by local, secondary or major streets sufficiently large to accommodate a lot or lots of the minimum size required in the Bloomingdale Zoning Ordinance, Chapter 92 of the Borough Code, and as further defined in Article IX, § 69-57 of this chapter.
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of the Municipal Land Use Law, P.L. 1975, c. 291.[1]
BOROUGH
The Borough of Bloomingdale.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transportation points.
CLERK
The person designated as the Municipal Clerk by the Mayor or governing body in accordance with State Statute and the laws of the Borough of Bloomingdale.
CLUSTER DEVELOPMENT
A contiguous cluster or noncontiguous cluster that is not a planned development. (N.J.S.A. 40:55D-3)
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION
An application form, completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, Chapter 92 of the Borough Code, and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION OFFICIAL
The person designated as such by the Mayor or governing body in accordance with State Statutes and the laws of the Borough of Bloomingdale and the State of New Jersey.
COUNTY PLANNING BOARD
The Passaic County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
CUL-DE-SAC
A dead-end street or alley with a turnaround at the end.
DAYS
Calendar days.
DEAD-END STREET
A street used primarily for access to abutting properties and whose entrance and exit are the same.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter and N.J.S.A. 40:55D-1 et seq.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes the control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The land required for installation of stormwater sewers or drainage ditches or those lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Title 58 of the New Jersey State Statutes.
ENGINEER
The person designated by the Mayor with the approval of Borough Council as the Borough Engineer. In cases where the Borough Engineer is the applicant's engineer, the Planning Board shall have the power to designate another professional engineer to serve as the Borough Engineer in the particular situation. The new, temporary engineer shall receive all fees normally received by the regular Borough Engineer.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Board for final approval in accordance with these regulations and which if approved shall be filed with the proper county recording officer.
GOVERNING BODY
The duly constituted Borough Council of Bloomingdale.
INTERESTED PARTY
(1) 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(2) 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LOT
A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter. (N.J.S.A. 40:55D-5)
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law, N.J.S.A. 40:55D-28.
MAYOR
The person so elected by the voters of Bloomingdale.
MINOR SITE PLAN
A development plan of one or more lots which proposes development not to exceed 1,500 square feet of new construction and/or renovation; where parking which does not exceed five off-street stalls; and which does not involve planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. The "minor site plan" shall be clearly and legibly drawn by a licensed engineer and shall be at a scale of not less than one inch equals 30 feet and shall contain the information as set forth in § 69-7 of this chapter.
MINOR SUBDIVISION
A subdivision of land for the creation of no more than three lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MUNICIPAL AGENCY
Shall include the Bloomingdale Mayor and Council, Bloomingdale Planning Board and the Bloomingdale Planning Board acting as the Zoning Board of Adjustment.
MUNICIPALITY
The Borough of Bloomingdale.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONTIGUOUS CLUSTER
Noncontiguous areas to be developed as a single entity according to a plan containing an area, or a section or sections thereof, to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the area, section, or sections, under conventional development, in exchange for the permanent preservation of another area, or a section or sections thereof, as common or public open space, or for historic or agricultural purposes, or a combination thereof. (N.J.S.A. 40:55D-5)
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.
OFF-SITE
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion or a street or right-of-way.
OPEN SPACE
Any parcel of land or area of water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land or support its use for recreation and conservation purposes. (N.J.S.A. 40:55D-5)
OWNER
Any individual, firm, association, syndicate, trust, estate, partnership, corporation or legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of the Municipal Land Use Law, N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash.
PERSON
Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust, estate or other legal entity.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance. (N.J.S.A. 40:55D-6)
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, contiguous cluster or noncontiguous cluster, planned commercial development or planned industrial development. (N.J.S.A. 40:55D-6)
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size, as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance. (N.J.S.A. 40:55D-6)
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more contiguous clusters or noncontiguous clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance. (N.J.S.A. 40:55D-6)
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more contiguous clusters or noncontiguous clusters, which may include appropriate commercial, or public or quasi-public uses, all primarily for the benefit of the residential development. (N.J.S.A. 40:55D-6)
PLANNING BOARD
The Municipal Planning Board established pursuant to Section 14 of the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-23.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PUBLIC AREAS
(1) 
Public parks, playgrounds, trails, paths and other recreational areas.
(2) 
Other public open spaces.
(3) 
Scenic and historic sites.
(4) 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE RIGHT-OF-WAY
Land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
Open space area conveyed or otherwise dedicated to the municipality, municipal agency, Board of Education, state or county agency or other public body for recreation and conservation purposes. (N.J.S.A. 40:55D-6)
QUORUM
The majority of the full authorized membership of a municipal agency.
RECREATION AND CONSERVATION PURPOSES
As defined in N.J.S.A. 13:8C-3. (N.J.S.A. 40:55D-6)
RESIDENTIAL CLUSTER
Definition deleted in N.J.S.A. 40:55D-6.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.
RESUBDIVISION
The further division or relocation of a lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
(2) 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs and screening devices and lighting.
(3) 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board or Board of Adjustment.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.
SUBDIVIDER
An individual, firm, association, syndicate, partnership, corporation, trust, estate or other legal entity commencing proceedings under this chapter to effect a subdivision of land.
SUBDIVISION
(1) 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:
(a) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(b) 
Divisions of property by testamentary or intestate provisions.
(c) 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(d) 
Consolidation of existing lots by deed or other recorded instrument.
(e) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Bloomingdale development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Borough of Bloomingdale.
(2) 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of the Planning Board, appointed by the Chairman with the approval of the Board, serving for one year, for the purpose of classifying subdivisions in accordance with the provisions of this chapter. The number of members of such Committee shall be determined by the Planning Board in its bylaws.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
ZONING BOARD OF ADJUSTMENT
See "Board of Adjustment."
[1]
Editor's Note: The Board of Adjustment was abolished by Ord. No. 43-2006 and all rights, powers and duties transferred to the Planning Board. Reference herein to the Board of Adjustment or Zoning Board of Adjustment shall be deemed to refer to the Planning Board acting as the Zoning Board of Adjustment.
B. 
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 said statute unless a contrary intention is clearly expressed from the context of this chapter.
This chapter shall be known and may be cited as the "Site Plan Review and Land Subdivision Ordinance of the Borough of Bloomingdale."
A developer may file an application for development with the Planning Board acting as 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 Board Secretary. Four copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for 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 Board Secretary. The Board Secretary shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
In reviewing subdivision or site plan applications in connection with a use variance, the Board of Adjustment shall follow the same procedure as the Planning Board as contained within this chapter except as otherwise provided within this chapter. References to the Planning Board shall also mean the Board of Adjustment unless otherwise provided within this chapter or by the Municipal Land Use Law, P.L. 1975, c. 291.
The Planning Board may waive notice of a public hearing for an application for development if the Planning Board finds that the application for development conforms to the definition of a minor subdivision; a conventional site plan review pursuant to N.J.S.A. 40:55D-7; or a final approval pursuant to N.J.S.A. 40:55D-50.
A. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the recording of the proceedings by either a stenographer or by mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The Board, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall charge such interested party as stated in Chapter 33, Land Use Procedures, Section 33-10. The transcript shall also be certified in writing by the transcriber to be accurate.
A. 
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) 
Notice of all hearings on applications for development shall be given to the owners of all real property as shown on the current tax duplicate located in the state and within 200 feet in all directions of the property which is the subject of the hearing, provided that this requirement shall be deemed satisfactory by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or on the agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at the address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a vice President, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is subject to the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or home-owners on account of such common elements or areas.
(3) 
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 A(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) 
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.
(5) 
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.
(6) 
Notice shall be given by personal service or certified mail to the State Planning Commission 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 Municipal Clerk pursuant to N.J.S.A. 40:55D-10. (N.J.S.A. 40:55D-12)
B. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
C. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
D. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered 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.
E. 
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Borough Clerk.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as provided in Chapter 33, § 33-10.1a6, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 69-8 of this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time. (N.J.S.A. 40:55D-37)
A. 
Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. The Board may provide such written decision, findings and conclusions either on the date of the meeting at which the Board takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision, the findings and the conclusions of the Board. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(1) 
The adoption of a resolution of memorialization shall not alter the applicable time period for rendering a decision on the application for development. The resolution shall be adopted by a vote of a majority of the Board members who voted for the action previously taken, and no other Board, and not to be an action of the Board, except that failure to adopt such a resolution within 45 days shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(2) 
Whenever a resolution of memorialization is adopted, the date of adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10.
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 Planning Board, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality and available for public inspection. (N.J.S.A. 40:55D-10)
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
Pursuant to N.J.S.A. 40:55D-39 and 40:55D-65, as a condition for local municipal approval every application for development submitted to the Planning Board or to the Zoning Board of Adjustment or any rezoning application before the Mayor and Council 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. No application for development or request for relief to the Planning Board, Zoning Board of Adjustment or the Mayor and Council shall be deemed complete in the absence of such proof from the office of the Tax Collector on the prescribed form.
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
The Mayor may appoint a Site Plan Review Advisory Board for the purpose of reviewing all site plan applications and making recommendations to the Planning Board in regard thereto. Members of the Site Plan Review Advisory Board shall include but need not be limited to the Mayor, Council Liaison to the Planning Board, another member of the Council appointed by the Mayor, Engineer, Planner, Zoning Officer, Fire Chief, Health Officer, Police Chief and Superintendent of Public Works.
[Appeals from Planning Board or Board of Adjustment to governing body adopted by Ord. No. 22-79, deleted by Borough]
At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall pay the fees required by Chapter 33, Land Use Procedures for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
A member of the Planning Board or Zoning Board of Adjustment who was absent for one or more of the meetings at which a hearing was held or was not a member of the Board at that time, shall be eligible to vote on the matter upon which the hearing was conducted, provided that the Board member has available the transcript or recording of all the hearing for which the Board member was absent or was not a member, and certifies in writing to the Board that the member has read such transcript or listened to such recording. (N.J.S.A. 40:55D-10.2)