Borough of Hasbrouck Heights, NJ Article III Administration and Enforcement

§ 238-5 Approving authority.

A. Planning Board as approving authority. In accordance with Chapter 291 of the Laws of 1975, the Planning Board shall act as approving authority for site plan approval, either individually or as part of a simultaneous application, as follows:

(1) For minor subdivision and site plan approval;

(2) For preliminary and final subdivision and site plan approval;

(3) For site plans which also require conditional use approval;

(4) For minor and major subdivisions which require site plan approval;

(5) For subdivisions and site plans which also require planned development approval;

(6) For site plans in which certain variances are requested, in accordance with N.J.S.A. 40:55D-70 (Subsection c) provided by law;

(7) Concept review. 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.

B. Board of Adjustment as approving authority. In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as approving authority for subdivision and site plan approval as follows: where a use variance pursuant to N.J.S.A. 40:55D-70d is requested in which a subdivision or a site plan is a part of the application, or a request for relief from the standards of a conditional use in conjunction with a site plan or a subdivision application as provided by law.

C. Exception in application of regulations. The approving authority, when acting upon applications for subdivision or site plan approval, shall have the power to grant such exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions of this chapter if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

D. Simultaneous review and approval. The approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision or site plan approval without the applicant being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plan shall include reference to the request for such conditional use or use variance.

§ 238-6 Application by corporation or partnership.

A. A corporation or partnership applying to a Planning Board or a Board of Adjustment 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.

B. 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 Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 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 ten-percent ownership criterion established in this section have been listed.

§ 238-7 Fees.

A. The following fees, to be revised annually by the Planning Board and recommended to the Mayor and Council, shall accompany the appropriate application. Said fees shall be paid in cash or certified or bank check payable to the Borough as follows:

(1) Filing fee for preliminary site plan.

(a) For change of tenancy or change of use without any new construction to buildings or parking areas: $_____.

(b) For approval of multifamily buildings: $_____ per dwelling unit, provided that the minimum fee shall be $_____.

(c) All other site plan approvals, exclusive of subdivision fee costs: $_____ per 1,000 square feet of gross floor area for the construction or for the total building area where the existing building has an addition thereto, provided that the minimum fee is $_____.

(2) Filing fee for final site plan.

(a) For change of tenancy or change of use without any new construction to buildings or parking areas: $_____.

(b) For approval of multifamily buildings: $_____ per dwelling unit, provided that the minimum fee shall be $_____.

(c) All other site plan approvals, exclusive of subdivision fee costs: $_____ per 1,000 square feet of gross floor area for new construction or for the total building where the existing building has an addition thereto, provided that the minimum fee is $_____.

(3) Filing fee for simultaneous filing of preliminary and final site plan review.

(a) For change of tenancy or change of use without any new construction to buildings or parking areas: $_____.

(b) For approval of multifamily buildings: $_____ per dwelling unit with a minimum of $_____.

(c) All other site plan approvals, exclusive of subdivision fee costs: $_____ per 1,000 square feet of gross floor area for new construction or for the total building where the existing building has an addition thereto, provided that the minimum fee is $_____.

(d) Minor site plan approval, exclusive of subdivision costs: $_____ per 1,000 square feet of gross floor area for new construction or for the total building where the existing building has an addition thereto provided that the minimum fee is $_____.

(4) Exemption from filing fees. Exempt from the imposition of any filing fees under this section shall be any charitable, philanthropic, fraternal or religious nonprofit organization holding tax-exempt status under the Federal Internal Revenue Code.

[Added 12-14-1999 by Ord. No. 1882; amended 5-11-2004 by Ord. No. 2040]

B. Inspection fees. The applicant shall deposit the sum of 5% of the estimated cost of the improvements to cover engineering investigation and inspection of bonded improvements, together with a sum sufficient in the opinion of the approving authority to cover legal and planning costs, recording fees and all other costs in connection with the site plan. In the event that such fees are insufficient to cover Borough expenses, an additional fee will be required to be posted to pay such additional expenses not to exceed an additional ____% of the estimated cost of construction.

[Amended 12-14-1999 by Ord. No. 1882; 5-11-2004 by Ord. No. 2040]

C. Escrow fees.[1]

(1) In addition to the required application fees established herein, the applicant shall be required to establish one or more escrow accounts with the Borough to cover the reasonable costs of professional review and consultation.

(2) Said escrow fees shall be required for preliminary site plan approval, any site plan requiring conditional use approval, any site plan requiring subdivision approval, any site plan requiring planned development approval, any site plan requiring a variance of any type and subdivision approval.

(3) Upon receipt of an application for one of the above applications, the administrative officer shall send a copy of the application and one set of all maps and reports to the Municipal Engineer, the Planning Consultant, the approving authority Attorney and any other professional authorized by the approving authority. Within seven days of the receipt of same, said professionals shall submit an estimate of funds sufficient in the amount to undertake technical reviews and findings of fact relative to the application at hand. Such estimated fees shall be approved by the approving authority. The applicant shall deposit, forthwith, upon demand, funds to meet such estimates, which funds shall be required to be placed in an escrow account by the Treasurer of the Borough of Hasbrouck Heights to be used as follows:

(a) The Municipal Engineer, Planning Consultant, approving authority Attorney and any other professionals engaged shall submit vouchers for all necessary fees for examination and review, which fees shall be paid in the ordinary manner;

(b) Any of the aforesaid moneys left in the escrow account, upon completion of the project or phase of the application procedure, as the case may be, shall be returned to the applicant as soon as possible;

(c) Should additional funds be required after the original funds are exhausted, such funds, as shall in the judgement of the approving authority be necessary, shall be paid by the applicant to the Treasurer of the Borough of Hasbrouck Heights and placed in the appropriate account or accounts;

(d) Upon receipt of sufficient funds for the escrow account, the administrative officer shall notify the Municipal Engineer, Planning Consultant, approving authority Attorney and any other professional engaged that all appropriate examinations and reviews shall be undertaken;

(e) The approving authority shall take no formal action unless all application fees and escrow funds have been paid to the Treasurer of the Borough of Hasbrouck Heights.

[1] Editor's Note: Former Subsection C, Fees for Specific Services, was repealed 12-14-1999 by Ord. No. 1882.

§ 238-8 Developer's agreement.

As a further condition of approval by the approving authority and the issuance of a building permit, the applicant shall be required to enter into a developer's agreement with the Borough of Hasbrouck Heights detailing the conditions of approval and detailing the work to be performed by the applicant.

§ 238-9 Public hearings.

A. When required. A public hearing shall be required for all preliminary subdivision approval and site plan applications and all applications requiring variances or conditional use approval. Minor subdivision approval shall not require a public hearing as provided by law.

B. Availability of maps and documents prior to hearing. Any maps and documents for which approval is sought at a public hearing shall be on file and available for public inspection, at least 10 days before the date of the hearing, during normal business hours in the office of the administrative officer.

C. Notice of public hearings.

(1) The applicant shall give notice of a public hearing to the owners of all property, as shown on the current tax records, located within 200 feet in all directions of the property in question.

(2) Said notice shall state the date, time and place of hearing, the nature of the matters to be considered and identification of the property proposed for subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Borough Tax Collector's office; a duplicate copy of such shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to Subsection B of this section.

(3) Notice shall be given at least 10 days prior to the date of the public hearing.

(4) The applicant shall also cause notice of the hearing to be published in an official newspaper of general circulation in the Borough at least 10 days prior to the public hearing.

(5) Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than 48 hours prior to the commencement of the public hearing.

D. Certification of list of persons entitled to notice. Upon the written request of an applicant, the Tax Collector of Hasbrouck Heights shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

E. Other notification.

(1) The applicant shall provide that notice of a hearing on an application for the development of property be given by personal service or certified mail to:

(a) The Clerk of a municipality involving property within 200 feet of said municipality.

(b) The County Planning Board where the property is adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, affects a county drainage facility or adjoins other county land or is situated within 200 feet of a municipal boundary.

(c) The Commissioner of Transportation where the property is adjacent to a state highway.

(d) The Director of State and Regional Planning in the Department of Community Affairs for an application exceeding 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be filed with the administrative officer of Hasbrouck Heights.

(2) The applicant shall file an affidavit of proof of service with the approving authority holding the hearing in the event the applicant is required to give notice.

F. Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon mailing.

G. Verbatim recording required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means for public hearings. The authority shall furnish its transcript, or duplicate recording in lieu thereof, on request to any interested part at his expense.

H. Written findings and conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.

I. Copies and notification of decision.

(1) A copy of the decision shall be mailed by the approving authority within 10 days of the date of decision to the applicant or, if represented, his attorney, without separate charge, and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee as specified herein and available for public inspection at his office during reasonable hours.

(2) A brief notice shall be published in the official newspaper of the community. Such publication shall be arranged by the approving authority. The period of time in which an appeal of the decision may be made shall run from the publication of the decision.

§ 238-10 Other requirements.

A. Amendments. Amended subdivision and site plan applications shall be filed with the administrative officer and shall be considered at the next regular meeting date of the approving authority, provided that the amended application is received no less than 14 days before said meeting date and said amendments are minor in nature.

B. Compliance.

(1) All proposed improvements or development indicated on the approved maps or plat shall meet the requirements of all applicable codes, ordinances and specifications of the community, county, state or federal governments and other agencies with jurisdiction over matters pertaining to site development.

(2) It shall be the joint responsibility of the Engineer and the Zoning Officer to enforce their respective rules and regulations to ensure compliance with the subdivision or site plan approval map and other specified conditions as may be imposed on the development.

C. Plans to be binding. The subdivision or site plan, as approved by the approving authority, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the approving authority.

D. Revocation of building permit or certificate of occupancy. In the event of a failure to comply with any conditions, the Zoning Officer, on his own initiative or upon recommendation from the Engineer, may revoke the building permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.

E. Action subject to other board or agency approvals.

(1) Any application for subdivision or site plan approval which either requires municipal approval prior to other governmental action or requires extensive review and consideration by other governmental units may be granted conditional site plan review by the approving authority. This conditional approval shall expire within one year if the applicant does not file for final site plan approval with the approving authority.

(2) In the event that the design and layout have been affected by other governmental requirements, the applicant shall submit an amended subdivision or site plan application with accompanying application fee and escrow funds required in conjunction with an amended application.

§ 238-11 Minimum standards; waiver provisions.

A. The rules, regulations and standards contained herein shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community.

B. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving authority may permit such waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

C. The waiver provisions of this section shall be applicable to the entire chapter herein, except where prohibited by law.