[Ord. 8/16/76, A1, S1; Ord. 6/16/80; Ord. 3/25/86; Ord. 18-91, S1; Ord. 09-93, S1; Ord. 2008-36, S1; Ord. No. 2015-09]
There is hereby established, pursuant to N.J.S.A. 40:55D-1,
et seq., in the Borough of Sussex, a planning board of nine members
and up to four alternates as set forth in the statute.
[Ord. 2008-36, S1]
The Mayor or Council of the Borough of Sussex may remove any
member of the planning board (other than the class I member) for cause,
on written charges served upon the member, and after a hearing thereon
at which the member shall be entitled to be heard in person or by
counsel.
[Ord. 8/16/76, A1, SS2,3; Ord. 6/16/80, S2; Ord.
2008-36, S1]
The terms of planning board members shall be as set forth in
N.J.S.A. 40:55D-23. 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.
[Ord, 8/16/76, A1, S4; Ord. 2008-36, S1]
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.
[Ord. 8/16/76, A1, SS5,6; Ord. 2008-36, S1]
There is hereby created the position of planning board attorney.
The planning board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the planning board attorney,
who shall be an attorney other than the municipal attorney. The planning
board may also employ or contract for the services of experts and
other staff and services as it may deem necessary. The board shall
not, however, exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
[Ord. 8/16/76, A1, S7; Ord. 6/16/80, S3; Ord.
3/25/86; Ord. 18-91, S2; Ord. 2008-36, S1]
The board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
It shall also have the following powers and duties:
a.
To make and adopt and from time to time amend a master plan for the
physical development of the municipality, including any areas outside
its boundaries which, in the board's judgment, bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of land use ordinances of the Borough
of Sussex located in this code in accordance with the provisions of
said chapters and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq.
c.
To approve conditional use applications in accordance with the provisions
of this code pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
g.
To consider and make 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.
h.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the zoning board of adjustment, variances
pursuant to N.J.S.A. 40:55D-70c. 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.
i.
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.
[Ord. 2008-36, S1]
[Ord. 8/16/76, A1, S8; Ord. 6/16/80, S4-7; Ord.
3/25/86]
a.
Minor
Subdivisions. Minor subdivision approvals shall be granted or denied
within 45 days of date of certification of the application as complete
or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the
date of planning board approval unless within such period a plat in
conformity with such approval and the provisions of the "Map Filing
Law," or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the municipal
engineer and the municipal tax assessor. Any such plat or deed must
be signed by the chairman and secretary of the planning board before
it will be accepted for filing by the county recording officer.
b.
Preliminary Approval Major Subdivisions. On certification that an application is complete for a subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of such date or within such further time as may be consented to by the developer. Upon certification as complete of an application for a subdivision of more than 10 lots to the planning board shall grant or deny preliminary approval within 95 days of the date of such certification or within such further time as may be consented to by the developer. Otherwise the planning board shall be deemed to have granted preliminary approval to the subdivision or site plan and the applicant shall comply with the provisions of Subsection 20-3.14.
c.
Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers before granting of a variance as set forth in § 20-1, Subsection 7g of this chapter, the planning board shall grant or deny approval of the application within 95 days after it is certified as complete, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant.
d.
Final
Approval. Application for final subdivision approval shall be granted
or denied within 45 days of certification of the application as complete
or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period that plat
shall have been duly filed by the developer with the county recording
officer. The planning board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
[Ord. 8/16/76, A1, S9; Ord. 6/16/80, S8]
Applications for development within the jurisdiction of the
planning board pursuant to the provisions of c. 291 P.L. 1975 shall
be filed with the secretary of the planning board. Applicant shall
file at least 14 days before the date of the monthly meeting of the
board four copies of a sketch plat; four copies of applications for
minor subdivision approval; four copies of application for major subdivision
approval or four copies of an application for site plan review, conditional
use approval, or planned development. At the time of filing the application
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the planning board. The applicant shall obtain all necessary forms
from the secretary of the planning board. The secretary of the board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the board.
If an application is found to be incomplete, the developer shall
be notified in writing of the deficiencies therein by the board or
the board's designee for the determination of completeness within
45 days of the submission of such application or it shall be deemed
to be properly submitted.
[Ord. 8/16/76, A1, S10]
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.
[Ord. 8/16/76, A1, S11]
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.
[Ord. 8/16/76, A1, S12]
The board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. 8/16/76, AII, S1; Ord. 6/16/80, S9; Ord.
18-91, SS3,4]
Any reference contained herein to a zoning board of adjustment
shall refer to the planning board, pursuant to N.J.S.A. 40:55D-25c.
[1]
Editor's Note: Former Subsection 20-2.2 through 20-2.5
pertaining to the Zoning Board of Adjustment previously codified herein
and containing portions of Ordinance No. 8/16/76 were repealed by
Ordinance No. 18-91.
[Ord. 8/16/76, AII, S6]
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 chapter to confer upon the zoning
board of adjustment as full and complete powers as may lawfully be
conferred upon such board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c.
The board may, in appropriate cases and subject to appropriate conditions
and safeguards grant variances from the terms of this chapter in accordance
with the general or specific rules contained herein, and with the
general rules hereby laid down that equity shall be done in cases
where the strict construction of the provisions of this chapter would
work undue hardship. The powers and duties of the board having been
delegated to and imposed upon it by statute, the board shall in all
cases follow the provisions applicable to it in said Chapter 291,
P.L. 1975, or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the board for its decision thereon.
[Ord. 8/16/76, AII, S7; Ord. 6/16/80, S15]
a.
Appeals to the zoning board of adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the zoning ordinance
or official map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the board all the papers constituting
the record upon which the action appealed from was taken.
b.
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 zoning board of adjustment.
Four copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than ten days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps, or other papers required by virtue of any provision of
this chapter or any rule of the board of adjustment. The applicant
shall contain all necessary forms from the secretary of the zoning
board of adjustment. The secretary of the board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the board of adjustment after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such 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.
[Ord. 8/16/76, AII, S8]
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 powers of the administrative
officer from whom the appeal was taken.
[Ord. 8/16/76, AII, S8]
Any variance from the terms of this chapter hereafter granted
by the board of adjustment permitting the erection or alteration of
any structure or structures, or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within nine months from the date of entry of the judgment or determination
of the board of adjustment; 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.
[Ord. 8/16/76, AII, S10; Ord. 6/16/80, S13; Ord.
18-91, S5]
The board shall have such powers as are granted by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative officer based on or made in the enforcement of
the zoning chapter.
b.
Hear and decide requests for interpretation of the map or zoning
chapter or for decisions upon other special questions upon which the
board is authorized to pass by provisions in the zoning chapter.
c.
1.
Where (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, (b) or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to the zoning chapter would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon
the developer of such property, grant, upon an application or an appeal
relating to such property, a variance from the strict application
of such regulation so as to relieve such difficulties or hardship;
2.
Where in an application or appeal relating to a specific piece of
property the purposes of this act would be advanced by a deviation
from the zoning ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from such regulations of the zoning chapter; provided, however,
that no variance from those departures enumerated in N.J.S.A. 40:55D-70(d)
shall be granted under this subsection; and provided further that
the proposed development does not require approval by the planning
board of a subdivision, site plan or conditional use in conjunction
with which the planning board has power to review a request for a
variance, pursuant to N.J.S.A., 40:55D-60(a) of the Municipal Land
Use Law.
d.
In particular cases and for special reasons, grant a variance to
allow departure from regulations set forth in the zoning chapter to
permit;
1.
A use of principal structure in a district restricted against such
use or principal structure,
2.
An expansion of a nonconforming use,
3.
Deviation from a specification or standard, pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use,
4.
An increase in the permitted floor area ratio as defined in N.J.S.A.
40:55D-4,
5.
An increase in the permitted density as defined in N.J.S.A. 40:55D-4,
except as applied to the required lot area for a lot or lots for detached
one or two dwelling unit buildings which lot or lots are either an
isolated undersized lot or lots resulting from a minor subdivision,
in which even applications would be made, pursuant to paragraph c
above. A variance under this subsection shall be granted only by affirmative
vote of at least five members of the board.
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 chapter.
In respect of any airport hazard areas delineated under the "Air Safety
and Hazardous Zoning Act of 1983" N.J.S.A. 6:1-80 et seq., no variance
or other relief may be granted under the terms of this section permitting
the creation or establishment of a nonconforming use which would be
prohibited under the standards promulgated pursuant to that act; except
upon issuance of a permit by the Commissioner of Transportation. An
application under this section may be referred to any appropriate
person or agency other than the planning board for its report; provided
that such reference shall not extend the period of time within which
the board shall act.
[Ord. 8/16/76, AII, S1I]
The zoning board of adjustment shall in addition to the powers specified in Subsection 20-2.10 of this chapter have power given by law to:
a.
Direct issuance of a permit pursuant to C. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainage-way,
flood control basin or public area reserved on the official map.
b.
Direct issuance of a permit pursuant to C. 40:55D-36 for a building
or structure not related to a street.
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The board of adjustment shall have the power to grant to the same extent and subject to the same restrictions as the planning board subdivision or site plan approval pursuant to Article 6 of c. 291, P.L. 1975 or conditional use approval pursuant to C. 40:55D-67 whenever the board is reviewing an application for approval of a use variance pursuant to § 20-2, Subsection 10d of this chapter.
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[Ord. 8/16/76, AII, S12; Ord. 3/25/86]
a.
The board of adjustment shall render its decision not later than
120 days after the date:
b.
In the event that a developer elects to submit separate consecutive
applications for a use variance and for approval of a subdivision,
site plan or conditional use, the 120 day provision shall apply to
the variance application only; and the period for taking action on
the subsequent application shall be as otherwise provided in this
chapter.
c.
The failure of the board to render a decision within the applicable
time period (120 days for variance applications and specified time
periods as provided otherwise for other subsequent applications) or
within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant and applicant
shall comply with the provisions of Subsection 20-2.14.
[Ord. 3/25/86]
The board of adjustment shall, at least once a year, review
its decision on applications and appeals for variances and prepare
and adopt by resolution a report on its findings on zoning ordinance
provisions which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The board of adjustment
shall send copies of the report and resolution to the governing body
and planning board.
[Ord. 8/16/76, AIII, SI; Ord. 6/16/80, S14]
No member or alternate 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.
[Ord. 8/16/76, AIII, S2; Ord. 6/16/80, S10,12; Ord.
3/25/86]
a.
Meetings of both the planning board and zoning board of adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b.
All actions shall be taken by a majority vote of the members present, except as specified in § 20-2, Subsection 10d hereunder.
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 provisions of N.J.S.A.
40:55D-1 et seq. Failure of a motion to receive the number of votes
required to approve an application for development shall be deemed
an action denying the application.
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 Law, c. 231, Laws of
New Jersey 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 c. 40:55D-9.
f.
A member of the planning board or zoning board of adjustment who
is absent for one or more of the meetings at which a hearing was held
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings;
provided, however, that such board member has available to him the
transcript or recording of all of the hearing from which he was absent,
and certifies in writing to the board that he has read such transcript
or listened to such recording.
[Ord. 8/16/76, AIII, S3]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
board and of the persons appearing by attorney, the action taken by
the board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the municipal clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the board.
[Ord. 8/16/76, AIII, S4; Ord. 11/2/81; Ord. 3/25/86; Ord. 11/17/86; Ord. 06-91; Ord. 013-94]
There is hereby established in connection with various applications for development and other matters which are the subject of Chapters 18, 19, 20 and 21:
a.
Copy of decision of governing body to interested party in connection with an appeal. (See Subsection 24-1.5.)
c.
Development Applications:
1.
Subdivisions.
(a)
Filing fee. An application for subdivision of land shall be accompanied by a filing fee which shall be used to defray the administrative costs of processing the application. (See Subsection 24-1.5.)
(b)
Review deposit. In addition to the filing fee, the application shall be accompanied by a deposit to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough attorney and other Borough personnel and the cost of all required publications. The Borough Clerk shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements to professional consultants and Borough personnel for review services. (See Subsection 24-1.5)
Any unused portion of the deposit shall be returned to the applicant.
If the cost of review services exceeds the amount of deposit, sufficient
additional funds shall be deposited before any approved plat is returned
to the applicant.
2.
Site plans.
(a)
Filing fee. The site plan applications shall be accompanied by a filing fee as set forth in Subsection 24-1.5 which shall be used to defray the cost of processing the application.
(b)
Review deposit. In addition to the filing fee, the applicant shall also deposit funds with the Borough Clerk to cover the cost of review services provided by the Borough Engineer, planning consultant and other Borough personnel and the cost of all required publications. (See Subsection 24-1.5.)
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Any unused portion of the deposit shall be returned to the applicant.
If the cost of review services exceeds the amount of deposit, sufficient
additional funds shall be deposited before approval of the site plan
shall become effective.
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For purposes of determining the amount of deposit, if only a
portion of a property is to be developed and said property can be
further subdivided under the requirements of this chapter, the lot
area shall be construed to be an area which can be subdivided under
the requirements of this chapter wherein all proposed buildings and
improvements would meet all required setback and yard requirements.
When a site plan for a new building or structure or addition thereto
does not involve off-street parking, traffic circulation or drainage
facilities, the amount of deposit as it pertains to lot area shall
only apply to the ground floor area of the building or structure.
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No review deposit shall be required in connection with a minor
site plan.
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f.
Inspection Fees. An applicant shall deposit funds to cover the cost of inspections of improvements. (See Subsection 24-1.5)
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Any unused portion of the deposit shall be returned to the applicant.
If inspection fees exceed the amount of the deposit, the applicant
shall deposit sufficient additional funds.
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[Added 6-20-2017 by Ord.
No. 2017-05]
Applicants shall bear the cost of professional services in connection
with land development matters under consideration by the Planning/Zoning
Board or the Borough Council.
a.
The land development matters shall include, but not be limited to,
appeals, interpretations, applications for development, as defined
in the Municipal Land Use Law,[1] amendments to any of the ordinances governing land development,
conceptual plan reviews and amendments to the land use element of
the master plan.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
b.
The professional services shall be those services required for the
review of application materials, the conduct of hearings on the application,
preparation of Board resolutions and necessary follow-up activities
arising from approval of an application, including, but not limited
to, legal, engineering (including environmental analysis and traffic
analysis), professional planning, architectural (including landscaping),
historic preservation, urban design, and services offered by other
personnel and experts deemed necessary with respect to action on such
land development matters.
c.
Applicants shall supply initial review deposits to cover the cost of professional services as set forth in Subsection 24-1.5. Said deposits must be paid at the time the application is filed. As part of the completeness review conducted pursuant to N.J.S.A. 40:55D-10.3, the application for development shall be examined to determine whether the initial review deposit established by Subsection 24-1.5 is adequate.
1.
In conducting such review, the following criteria shall be considered:
(a)
The presence or absence of public water and/or sewer servicing
the site;
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors;
(c)
Traffic impact of the proposed development;
(d)
The number and types of variances sought;
(e)
The size of the project;
(f)
The presences of off-site or off-tract improvements;
(g)
The complexity of engineering details such as drainage facility,
retaining walls and the like;
(h)
Whether easements or deed restrictions are appropriate.
2.
Upon completion of said review, the Board or its authorized designee shall determine whether the initial review deposit established by Subsection 24-1.5 is sufficient or insufficient. In the event that the Board or its authorized designee shall determine the initial review deposit is insufficient, it shall establish a revised initial review deposit deemed to be appropriate in light of the criteria specified herein. The applicant shall be notified of the revised amount and the application shall not be deemed complete until the additional amount has been paid to the Borough.
d.
The review deposits shall be replenished by the applicant upon reasonable
notice by the Borough, and the applicant's obligation to maintain
adequate escrows shall continue throughout the course of an application
for a development. Payment of additional review deposits shall be
due from the applicant within 10 days of receipt of notice from the
Borough. Action on land development matters shall be deferred (e.g.,
the Board shall not process applications, conduct hearings or take
action on an application, other than to deny the same by reason of
the applicant's default on its obligations hereunder) when an
applicant has not complied with the requirements of this subsection.
e.
No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for professional services have been received by the Borough from the professional personnel rendering services in connection with such application, and the applicant has deposited with the Borough the amount the Borough has determined is likely to be sufficient to cover all reimbursable items. In the event actual charges incurred exceed the estimated amount, the applicant shall be liable for the deficiency. Failure to pay any such deficiency within 10 days after written demand by the Borough may result in a revocation of any zoning permits, building permits, certificates of occupancy or any other types of permits previously issued. Failure to pay any deficiency shall also be deemed to be a violation of Chapter 19, Zoning, and shall subject the applicant to the penalties provided by § 19-20 of that chapter.
f.
If fees or charges of any nature connected with an application for
development be due and unpaid by an applicant and/or owner of the
subject property for a period of 14 days after written notice of the
amount due was mailed to the owner and applicant, the Borough shall
have the same remedies for the collection thereof, with interest,
costs and penalties, as it has by law for the collection of taxes
upon real estate, including without limitation, recording in the Sussex
County Clerk's office as a lien on the subject property a written
statement of lien showing the amount due to the Borough executed by
the Borough Clerk or other authorized officer or employee of the Borough.
The lien shall include interest at the maximum rate permitted by law
for the collection of taxes upon real estate, recording fees and reasonable
attorneys' fees. Should the lien remain unpaid, the Borough Tax
Collector, Clerk or other officer authorized by the Borough Council
shall have the power to sell the property to collect the amount of
the lien, together with interest, attorneys' fees and recording
fees, pursuant to N.J.S.A. 54:5-19 et seq. and other applicable laws
of the State of New Jersey.
g.
All deposits received pursuant to this Subsection 20-3.4.1 shall be held and administered in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and, in particular, N.J.S.A. 40:55D-53.1, -53.2, and -53.2a., including all rights of appeal. If the amount of any review deposit paid by an applicant exceeds the actual fees for professional services rendered in connection with such, the applicant shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1.
[Ord. 8/16/76, AIII, S5; Ord. 6/16/80, S19]
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 C. 40:55D-1 et seq.
or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and 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. 1938 (C. 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 verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. The board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense. The full cost shall
be paid, but not more than the maximum permitted under N.J.S.A. 2A:11-15.
[Ord. 8/16/76, AIII S6; Ord. 6/16/80, S16]
Whenever a hearing is required on an application for development
pursuant to C. 40:55D-1 et seq. the applicant shall give notice thereof
as follows:
a.
Public notice shall be given by publication in the official newspaper
of the municipality at least ten days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which applicant's
land is located. Such notice shall be given by: (1) serving a copy
thereof on the owner as shown on the current tax duplicate or his
agent in charge of the property or (2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the current
tax duplicate. A return receipt is not required. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation. This requirement shall be deemed
to be satisfied by notice to the (1) condominium association, in the
case of any unit owner whose unit has a unit above or below it, or
(2) horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Notice to a condominium
association, horizontal property regime, community trust or homeowners'
association, because of its ownership of common elements or areas
located within 200 feet of the property which is the subject of the
hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners, or homeowners on account
of such common elements or areas.
c.
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 20-3.6b of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
county planning board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
commissioner of transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the municipal clerk pursuant to section 6b of c. 291, Laws of
New Jersey 1975.
g.
All notices hereinabove specified in this section shall be given
at least ten days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the board holding
the hearing on the application for development.
h.
Any notice made by certified mail as herein above required shall
be deemed to complete upon mailing in accordance with the provisions
of C. 40:55D-14.
i.
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.
[Ord. 8/16/76, AIII, S7; Ord. 6/16/80, S20; Ord.
3/25/86]
Pursuant to the provisions in C. 40:55DI2(c) the tax assessor of the Borough shall within seven days after receipt of a request therefor make a certified list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection 203.6b of this chapter. A charge will be made in accordance with the fee schedule as provided in Subsection 20-3.4, "Schedule of Fees".
[Ord. 8/16/76, AIII, S8; Ord. 6/16/80, S17]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the board, which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the board within ten 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 municipal clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
c.
The municipal agency may provide such written decision and findings
and conclusions either on the date of the meeting at which the municipal
agency 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 and the findings and conclusions
of the municipal agency thereon. 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.
The adoption of a resolution of memorialization pursuant to
this subsection shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency, and not to be an action of the municipal agency; except that
failure to adopt such a resolution within the 45 day period shall
result in the approval of the application for development notwithstanding
any prior action taken thereon.
Whenever a resolution of memorialization is adopted in accordance
with this subsection, the date of such adoption shall constitute the
date of the decision for purposes of the mailings, filings and publications
required hereunder.
[Ord. 8/16/76, AIII, S9]
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 planning board or zoning board
of adjustment, as the case may be, without separate charge to the
applicant. Said notice shall be sent to the official newspaper for
publication within ten days of the date of any such decision.
[Ord. 8/16/76, AIII, S10]
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-65,
every application for development submitted to the planning board
or zoning board of adjustment shall be accompanied by proof that no
taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or if it
is shown that taxes or assessments are delinquent on said property
any approvals or other relief granted by either board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.
[Ord. 3/25/86]
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the municipal agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of submission, the applications shall be deemed complete
upon the expiration of the 45 day period for purposes of commencing
the applicable time period; unless: (a) The application lacks information
indicated on a check list as hereinafter specified, a copy of which
shall have been provided to the applicant; and (b) the municipal agency
or its authorized committee or designee has notified the applicant
in writing of the deficiencies in the application within 45 days of
submission of the application. The applicant may request that one
or more of the submission requirements be waived, in which event the
agency or its authorized committee shall grant or deny the request
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that
he is entitled to approval of the application. The municipal agency
may subsequently require correction of any information found to be
in error and submission of 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 the 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 agency.
The check list requirements for applications for development
are as follows:
[Ord. 3/25/86]
a.
A corporation or partnership applying to a municipal agency for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units,
or for approval of a site to be used for commercial purposes, shall
list the names and addresses of all stockholders or individual partners
owning at least ten percent of its stock of any class, or at least
ten percent of the interest in the partnership, as the case may be.
b.
If a corporation or partnership owns ten percent or more of a stock
of a corporation, or ten percent or greater interest in a partnership,
subject to disclosure pursuant to paragraph a of this subsection,
that corporation or partnership shall list the names and addresses
of its stockholders holding ten percent or more of its stock, or of
ten percent or greater interest in the partnership, as the case may
be, and this requirement shall be followed by every corporate stockholder
or partner in a partnership until the names and addresses of the non-corporate
stockholders and individual partners exceeding the ten percent ownership
criterion have been listed.
[Ord. 3/25/86]
a.
Conditions Precedent. Whenever any application for development is
approved subject to specified conditions, intended to be fulfilled
before the approval becomes effective, said conditional approval shall
lapse and become null and void unless all specified conditions are
fulfilled within 190 days of the date of conditional approval.
b.
The fulfillment of all conditions precedent shall be reported in
writing to the municipal agency, which may cause such reports to be
verified in an appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or site plan be assigned or any required
building permit, occupancy permit or zoning permit be issued.
c.
Conditions Subsequent. Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled, or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within six months from the date of the final approval
of the application for development shall be grounds for the issuance
of a stop work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
d.
Nothing herein contained shall be construed as preventing the municipal
agency from specifying a longer period of time within which any specific
condition must be fulfilled, or from granting, upon an ex parte application
an extension of time for fulfilling a condition for good cause shown.
e.
The fulfillment of all conditions shall be reported in writing to
the municipal agency which may cause such reports to be verified in
an appropriate manner. Only upon fulfillment of all conditions shall
any subdivision map or site plan be signed or any required building
permit, occupancy permit, zoning permit or other required approval
be issued.
[Ord. 3/25/86]
An applicant shall comply with the provisions of this subsection
whenever the applicant wishes to claim approval of his application
for development by reason of failure of a municipal agency to grant
or deny approval within the time periods specified in the Municipal
Land Use Law and this chapter:
a.
Applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subsection (a) of N.J.S.A. 40:55D-12b. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b.
The applicant shall file an affidavit of proof of service and publication
with the secretary of the planning board or zoning board of adjustment
as the case may be.
[Ord. 8/16/76, AIV, S1]
An appeal to the zoning board of adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the zoning ordinance, or official map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in Subsection 20-2.7a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. 8/16/76, AIV, S2]
An appeal from any final decision of the planning board may
be taken to the governing body provided such appeal shall be made
within ten days of the date of publication of such final decision
of the planning board. Such appeal shall be made in accordance with
the provisions of C. 40:55D-17.
[Ord. 8/16/76, AIV, S3; Ord. 6/16/80, S18]
a.
An appeal from any final decision of the board of adjustment on a variance granted under Subsection 20-2.10d of this chapter may be taken to the governing body providing such an appeal may be made within ten days of the date of publication of such decision of the board of adjustment.
b.
The appeal to the governing body shall be made by serving the municipal
clerk in person or by certified mail with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
the name and address of his attorney, if represented. The appellant
shall also serve notice in person or by certified mail on all interested
parties who appeared either for or against the application at the
original hearing or hearings. Such appeal shall be decided by the
governing body only upon the record established before the board of
adjustment.
c.
The appellant shall, (1) within five days of service of the notice of the appeal, arrange for a transcript in accordance with Subsection 20-3.5e hereunder for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is greater or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute.
d.
The governing body shall conclude a review of the record below not
later than 95 days from the date of publication of notice of the decision
below unless the applicant consents in writing to an extension of
such period. Failure of the governing body to hold a hearing and conclude
a review of the record below and to render a decision within such
specified period shall constitute a decision affirming the action
of the board.
[Ord. 8/16/76, AV, S1]
Whenever a term is used in this chapter which is defined in
c. 291 Laws of New Jersey 1975, 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.
[Ord. 8/16/76, AV, S2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of the Borough of
Sussex which contains provisions contrary to the provisions of this
chapter shall be and are hereby (to the extent of such inconsistency,)
repealed.
[Ord. 8/16/76, AV, S3]
Pursuant to the provisions of c. 291 Laws of New Jersey 1975
section 81, the substantive provisions of the existing Land Subdivision
Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the
Borough of Sussex and the development regulations set forth therein
shall continue in full force and effect for a period of six months
from the effective date of said act or until the Borough exercises
the authority delegated by said ordinance to regulate development,
whichever occurs first.
[Ord. 8/16/76, AV, S4]
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 § 20-4 of this chapter.
[Ord. 8/16/76, AV, S5]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Sussex."
[Ord. 8/16/76, AV, S6; Ord. 3/25/86]
In accordance with the provisions of N.J.S.A. 40:55D-16, development
regulations, except for the official map, shall not take effect until
a copy thereof shall be filed with the county planning board. A zoning
ordinance or amendment or revision thereto which, in whole or in part,
is inconsistent with or not designed to effectuate the land use plan
element of the master plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
county planning board.
