[1]
Editor's Note: Ordinance No. 2014-7 establishes a combined nine-member Planning Board to exercise all powers of the Planning Board and Zoning Board of Adjustment. Wherever the term "Zoning Board"; "Zoning Board of Adjustment", or "Board of Adjustment" appears in the Code, these terms shall be read as if the words "Planning Board acting as the" were printed before them.
[Ord. #193, §§ 1, 2; Ord. #80-6, A I, § 1; 1970 Code § 19-1.1; Ord. #2014-7; N.J.S.A. 40:55D-23]
There is hereby established pursuant to C. 291, P.L. 1975 in the Borough of Moonachie, a Planning Board of nine members consisting of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member of the governing body, to be appointed by the Mayor.
Class III. A member of the governing body to be appointed by it.
Class IV. Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member 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.
[Ord. #193, § 3; Ord. #80-6, A I, § 2; 1970 Code § 19-1.2; Ord. #2014-7]
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 Class IV member who is also a member of 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 Chapter 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 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.
[Ord. #80-6, A I, § 2-1; 1970 Code § 19-1.3; Ord. #2014-7]
There is hereby established pursuant to N.J.S.A. 40-55D-23.1 up to four alternate members of the Planning Board. Alternate members shall be appointed by the Mayor and shall meet qualifications of Class IV members. 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." The terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or 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. If a second alternate member is to vote, then Alternate No. 2 shall vote. If a third alternate member is to vote, then Alternate No. 3 shall vote and so on for Alternate No. 4.
[Ord. #80-6, A I, § 3; 1970 Code § 19-1.4]
If a vacancy of any class or alternate member shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. #80-6, A I, § 4; 1970 Code § 19-1.5]
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. #80-6, A I, § 5; 1970 Code § 19-1.6]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the position.
[Ord. #80-6, A I, § 6; 1970 Code § 19-1.7]
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. #193, § 4; Ord. #80-6, A I, § 7; 1970 Code § 19-1.8; Ord. #2014-7]
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and amend a Master Plan for the physical development of the Borough including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
b. 
To administer the provisions of Chapter 21, Land Subdivision and Site Plan Review, of the Code of the Borough in accordance with the provisions of those ordinances and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
c. 
To approve conditional use applications in accordance with the provisions of Chapter 22, Zoning, pursuant to N.J.S.A. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required by State and Federal law or regulations.
e. 
To assemble data on a continuing basis as part of a continuing planning process.
f. 
To consider and make reports 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-26(a), 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-26(b).
g. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant:
1. 
Variances pursuant to N.J.S.A. 40:55D-60, as amended by L. 1979, c.216, Section 23.
2. 
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public or public drainage way, flood control basin or public are reserved pursuant to N.J.S.A. 40:55D-32.
3. 
Directions pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuit to this subsection, notice of 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 ordinances 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 or until 45 days have elapsed after such reference without receiving 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, Section 22.)
j. 
At the request of the 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 not be required to submit any fees 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.
k. 
Exercising, to the same extent and subject to the same restrictions all the powers of a Zoning Board of Adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975 c. 291 (N.J.S.A. 40:55D-70d).
[Ord. #80-6, A I, § 8; 1970 Code § 19-1.9]
a. 
Minor subdivision shall be any subdivision of land which does not involve the creation of more than three lots; which does not involve the planned development; which does not involve any new street; and which does not involve the extension of any off-tract improvements.
b. 
The Planning Board may waive notice and public hearing of an application for development if the Planning Board or Subdivision Committee of the Board find that the application for development conforms to the definition of "minor subdivision" set forth in paragraph a of this subsection.
c. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board or the subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39, 40 and C. 40:55D-53 of Chapter 291, Laws of 1975.
[Ord. #80-6, A I, § 9; 1970 Code § 19-1.10]
a. 
Major subdivision is any subdivision of land which is not classified as a minor subdivision.
b. 
For all major subdivisions, the Planning Board shall hold a public hearing with public notice given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough; and a notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12.
c. 
As a condition of subdivision or site plan approval, the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro-rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
[Ord. #80-6, A I, § 10; 1970 Code § 19-1.11]
a. 
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative office as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for the purposes of filing subdivision plats.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3), the Borough Planning Board 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 period.
Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
b. 
Preliminary Approval; Major Subdivisions. The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified within 45 days of submission of such application or it shall be deemed to be properly submitted.
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with the Chapter and the Municipal Land Use Law grant preliminary approval to the subdivision.
Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3) the Borough Planning Board 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 period.
c. 
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 20-1.8 of this Chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d. 
Final Subdivision Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3), the Borough Planning Board 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 period.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Ord. #80-6, A I, § 11; 1970 Code § 19-1.12; Ord. #2014-7]
a. 
Procedure for Preliminary Site Plan Approval.
1. 
The developer shall submit to the Secretary of the Planning Board and to the Secretary of the Board of Adjustment in the case of a use variance, a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified in writing of the determination of completeness within 45 days of deficiencies therein by the Board or the Board's designee for the submission of such application or it shall be deemed to be properly submitted.
2. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the Chapter and the Municipal Land Use Law, grant preliminary site plan approval.
3. 
Upon the submission to the Secretary of the Planning Board in the case of a use variance, of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, preliminary approval shall be granted or denied within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.
4. 
If an application for development conforms to the definition of "minor site plan" approval of same shall be deemed to be final approval of the site plan by the Board provided that the Planning Board or Site Plan Subcommittee if any, may condition such approval on terms insuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39, 41, 53.
5. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, 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 minor site plan approval.
6. 
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, C. 285 (C. 40:27-6.6), the Borough Planning Board 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 period.
7. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.
b. 
Procedure for Final Site Plan Approval.
1. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and provided the conditions of preliminary approval are met.
2. 
Final approval shall be granted or denied within 45 days after submission of a complete application, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
3. 
Whenever review or approval of the application by the County Planning Board is required, the Borough Planning Board shall condition any approval that it grants upon the 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 period.
[Ord. #80-6, A I, § 13; 1970 Code § 19-1.14]
a. 
Effect of Preliminary Approval of a Subdivision or Site Plan. Preliminary approval of a major subdivision or of a site plan shall, except as provided in subparagraph 4 below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
1. 
That the general terms and conditions of which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, lot size; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to C. 40:55D-41 of this Act; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
3. 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
4. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in subparagraphs 1, 2 and 3 above for such period of time, longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b) 
Economic conditions; and
(c) 
The comprehensiveness of the development.
The applicant may apply thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval; and
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
b. 
Effect of Final Approval of Subdivision or Site Plan.
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49 whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision all rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period or protection for extension of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
2. 
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in paragraph b of this subsection for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under final approval;
(b) 
Economic conditions; and
(c) 
The comprehensiveness of the development.
The developer may apply for thereafter and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under final approval;
(b)
The number of dwelling units and nonresidential floor area remaining to be developed;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development.
[Ord. #80-6, A I, § 14; 1970 Code § 19-1.15]
a. 
The Planning Board when acting upon applications for preliminary or minor subdivision shall have the power to grant such exceptions from 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 this Chapter, 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 this Chapter, 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.
[Ord. #80-6, A I, § 15; 1970 Code § 19-1.16]
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 an original and eight copies of a sketch plat; an original and eight copies of applications for minor subdivision approval; an original and eight copies of application for major subdivision approval or an original and eight 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 Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. The applicant shall pay any necessary filing fees established by the governing body.
[Ord. #80-6, A I, § 16; 1970 Code § 19-1.17]
Approved plats for minor subdivision, preliminary major subdivisions and final major subdivisions shall be signed by the Planning Board Chairman and Secretary. Approved site plans and conditional uses shall be signed by the Planning Board Chairman and Secretary.
[Ord. #80-6, A I, § 17; 1970 Code § 19-1.18]
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. #80-6, A I, § 18; 1970 Code § 19-1.19]
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.
[Ord. #80-6, A I, § 19; 1970 Code § 19-1.20; Ord. #2014-7]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. #80-6, A I, § 20; 1970 Code § 19-1.21]
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. #2014-7]
Decisions of the Planning Board may be appealed in the manner as available by law.
[Ord. #80-6, A III, § 1; 1970 Code § 19-3.1; Ord. #2014-7]
No member or alternate member of the Planning Board 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. Any member other than a Class I member of the Planning Board, after a public hearing if he requests one may be removed by the governing body for cause.
[Ord. #223, § 6-3; Ord. #80-6, A III, § 2; 1970 Code § 19-3.2; Ord. #2014-7]
a. 
Meetings of the Planning Board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
b. 
Special meetings may be provided for at the call of the chairman or on the request of any two board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
c. 
No action shall be taken at any meeting without a quorum being present.
d. 
All actions shall be taken by majority vote of the members of the municipal agency present at the meeting except as otherwise required by any provision of C. 291, P.L. 1975.
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, Chapter 231, P.L. 1975. An executive session for the purpose of discussion and studying any matters to come before the Board shall not be deemed a regular or special meeting in accordance with these provisions.
[Ord. #80-6, A III, § 3; 1970 Code § 19-3.3; Ord. #2014-7]
Minutes of every regular or special meeting shall be kept and shall include the names of persons appearing and addressing the Board and of the other persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[Ord. #80-6, A III, § 4; 1970 Code § 19-3.4; Ord. #90-17, § 4; Ord. #2014-7]
Fees for application, appeals or for the rendering of any service by the Planning Board or any member of their administrative staffs shall be provided for and adopted by ordinance and shall be reasonable.[1]
[1]
Editor's Note: See subsection 22-7.1 for fee schedules.
[Ord. #80-6, A III, § 5; 1970 Code § 19-3.5; Ord. #2014-7]
a. 
Rules. The Planning Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this Chapter.
b. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" C. 38, P.L. 1953 (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 the reasonable limitations as to time and number of witnesses.
d. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
e. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
f. 
Transcripts. The municipal agency in furnishing a transcript of the proceedings to an interested party at his expense shall not charge the interested party more than the maximum permitted in N.J.S.A. 2B:7-4. The transcript shall be certified in writing by the transcriber to be accurate.
[Ord. #80-6, A III, § 6; 1970 Code § 19-3.6]
Public notice of a hearing on an application for development shall be given except for (a) conventional site plan review; (b) minor subdivisions; (c) final approval pursuant to N.J.S.A. 40:55D-50; or (d) minor site plan approval; and further provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60, 76 or part of an application for development otherwise excepted herein from public notice. The applicant should give notice thereof as follows:
a. 
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
b. 
Notice of a hearing requiring public notice as above set forth shall be given to the owners of all real property as shown on the current tax duplicates located in the State and within 200 feet in all directions of the property which is the subject of such hearing provided that this requirement shall be deemed satisfied by notice to the (a) condominium association, in the case of any unit owner whose unit has a unit above or below it; a (b) 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: (a) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or (b) 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. 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 homeowner on account of such common elements or areas.
c. 
Notice of 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 20-3.6, paragraph b 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 Borough Clerk pursuant to Section 6b of C. 291, P.L. 1975.
g. 
All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
h. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
i. 
Form of Notice. All notices required to be given pursuant to the terms of this 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 Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
j. 
Notice pursuant to paragraphs c, d, e, f, of this subsection shall not be deemed to be required unless public notice as hereinabove set forth and notice pursuant to paragraph b of this subsection are requested.
[Ord. #80-6, A III, § 7; 1970 Code § 19-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10 whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 20-3.6, paragraph b of this Chapter.
[Ord. #80-6, A III, § 8; 1970 Code § 19-3.8]
a. 
Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions of law based thereon.
b. 
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.
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 acts to grant or deny approval, or, if the meeting at which the 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 the 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 resolution within the 45 days period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
d. 
Whenever a resolution of memorialization is adopted in accordance with this section the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications required by subsections 20-3.8 and 20-3.9 of this Chapter.
e. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.
[Ord. #80-6, A III, § 9; 1970 Code § 19-3.9; Ord. #2014-7]
A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Ord. #80-6, A III, § 10; 1970 Code § 19-3.10; Ord. #2014-7]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for the development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of any such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
[Ord. #80-6, A III, § 11; 1970 Code § 19-3.11; Ord. #2014-7]
When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings, 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 a transcript or recording of the meetings from which he was absent, and certified in writing to the Board that he has read such transcript or listened to such recording.
[1]
Editor's Note: Former subsection 20-3.12, Appeals to Governing Body, previously codified herein and containing portions of 1970 Code § 19-3.1 and Ordinance Nos. 80-6 and 88-13 were repealed in entirety by Ordinance No. 2014-7.
[Ord. #80-6, A III, § 13; 1970 Code § 19-3.13; Ord. #2014-7]
A corporation or partnership applying to a Planning Board or to the governing body of a Municipality 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 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to section 1., C. 291, P.L. 1975, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% 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 noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this Act, have been listed.
No Planning Board or municipal governing body shall approve the application of any corporation or partnership which does not comply with this Act.
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the Borough in any court of record in the State in a summary manner pursuant to "The Penalty Enforcement Law" (N.J.S.A. 2A:58-10 et seq.).
[Ord. #80-6, A IV, § 1; 1970 Code § 19-4.1]
Whenever a term is used in this Chapter which is defined in Chapter 291, P.L. 1975 as amended, 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.
[Ord. #80-6, AIV, § 3; 1970 Code § 19-4.3]
All applications for development filed prior to the effective date of this Chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of subsections 20-2.15 and 20-2.16 of this Chapter.
[Ord. #80-6, AIV, § 4; 1970 Code § 19-4.4]
This Chapter shall be known and may be cited as The Land Use Procedures Chapter of the Borough of Moonachie.
[Ord. #80-6, A III, § 5; 1970 Code § 19-4.5]
Immediately upon adoption of this Chapter the Borough 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 Borough relating to land use, such as the subdivision, zoning and site plan review ordinances.
[Ord. #80-6, A III, § 6; 1970 Code § 19-4.6]
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:
a. 
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;
b. 
The use or occupancy of any building, structure or land; and
c. 
The subdivision or resubdivision of any land; and shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates or 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 agencies; and 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.
[Ord. #80-6, A III, § 7; 1970 Code § 19-4.7]
In the event that, during the period of approval heretofore 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 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.