[Ord. No. 76-33; Ord. No. 85-31; Ord. No. 90-23]
There is hereby established pursuant to Chapter 291 P. L. 1975 in the Township a Planning Board of nine members consisting of the following classes:
Class I. The Mayor.
Class II. One of the officials of the Township other than a member of the Township council to be appointed by the Mayor; provided that if there is an environmental commission, the member of the environmental commission who is also a member of the Planning Board as required by C. 40:56A-l shall be deemed to be the Class II Planning Board member if there is both a member of the zoning board of adjustment and a member of the Board of education among the Class IV members.
Class III. A member of the Township council to be appointed by it for a term of one year.
Class IV. Six other citizens of the Township to be appointed by the Township council.
The member of Class IV shall hold no other municipal office, except that one member may be a member of the zoning board of adjustment and one may be a member of the Board of education. A member of the environmental commission, if any, who is also a member of the Planning Board as required by R. S. 40:56A-l shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the zoning board of adjustment and a member of the Board of education, in which case the member of the environmental commission shall be deemed to be a Class II member of the Planning Board.
The terms 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 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 occurs first.
The term of Class IV members who is also a member of the Board of adjustment or a 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.
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 term shall be distributed evenly over the first four years after the r appointment as determined by resolution of the Township council provided however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
The Mayor may appoint one alternate member in Class and the Township council may appoint one alternate member in Class III, and two alternate members in Class IV. The term for the alternate members of Classes II and III shall expire at the same time as the terms of the regular members of Classes II and III. The term of alternate members of Class IV shall be two years; provided, however, that in the event that two alternate members of Class IV are appointed at the same time, the initial terms of such members shall be one and two years respectively.
Such alternate members shall be designated by the Chairman "Alternate Number 1" and "Alternate Number 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
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.
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 Township Attorney.
The Planning Board may 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 Township council for its use.
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:
To make and adopt and from time to time, amend a master plan for the physical development of the Township including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of C. 40: 55D-28.
To administer the provisions of the land subdivision ordinance and site plan review ordinance of the Township in accordance with the provisions of said ordinances and C. 40: 55D-l et seq.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually review and make comments to the Township council concerning a program of Township capital improvement projects projected over a term of six years and amendments thereto, which program shall be prepared by the Township council.
To consider and make a report to the Township council within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of C. 40: 55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Township council, except for any matter under the jurisdiction of the Board of adjustment, pursuant to the provisions of C. 40: 55D-26(b).
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of adjustment:
Variances pursuant to N.J.S.A. 40:55D-70(c).
Direction pursuant to Section 25 of C. 291 Laws of N.J. 1975 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section 23 of C. 291 Laws of N.J. 1975.
Direction pursuant to Section 27 of C. 291 Laws of N.J. 1975 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit, shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township council for the aid and assistance of the Township council or other agencies or officers.
To aid the Township council in the preparation of an Official Map.
All applications to the zoning board of adjustment or the Planning Board shall be acted upon within the time limitations indicated in N.J.S.A. 40:55D-l et seq.
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. Applications for minor or major subdivision approvals, for site plan reviews, for conditional use approvals, or for variances under the authority of the Planning Board shall be filed at least 28 days before the date of the monthly meeting of the Planning Board. At the time of filing the application, 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 to the Planning Board. The secretary to the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
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.
Whenever the environmental commission, if any, has prepared and submitted to the Planning Board an index of the natural resources of the Township, the Planning Board shall make available to the environmental commission an informational copy of every application for development submitted 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.
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-l et seq.) shall apply.
[Ord. No. 76-33; Ord. No. 78-23; Ord. No. 82-5; Ord. No. 90-23]
A zoning board of adjustment is hereby established pursuant to C. 40:55D-69 et seq. consisting of seven residents of the Township appointed by the council to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial term of no member shall exceed Four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the zoning board of adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
No member of the zoning board of adjustment may hold any elective office or position under the Township.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
The Township council may appoint up to two alternate members of the Board of adjustment. Alternate members shall be designated by the Chairman as "Alternate Number 1" and "Alternate Number 2," and shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be for two years.
The Board of adjustment shall elect a Chairman and vice-Chairman from its members and shall also select a secretary who may be either a board member or another Township employee.
There is hereby created the office of attorney to the zoning board of adjustment. The zoning board of adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the zoning board of adjustment attorney, who shall be an attorney other than the Township Attorney.
The zoning board of adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township council for its use.
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.
The powers of the zoning board of adjustment shall be in accordance with Article 9 of Chapter 291 Laws of N.J. 1975, R.S. 40:55D-69 et seq. and amendments and supplements thereto, and with the provisions of this chapter.
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.
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.
Appeals to the Board of adjustment may be taken by any interested party, or by an officer, department, board, or bureau of the Township affected by any decision of the Zoning Officer based on or made in the enforcement of the zoning ordinance or Official Map. Each appeal shall be taken within 20 days, or such other times as may be prescribed by statute, by filing a notice of appeal with the Zoning Officer together with three copies of said notice with the secretary of the Board of adjustment. This notice of appeal shall specify the grounds for said appeal. The Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
Applications addressed to the original jurisdiction of the Board of adjustment without prior application to the Zoning Officer shall be filled with the secretary of the zoning board of adjustment. One copy of the application shall be filed. AT the time of filling the appeal or application, the applicant shall also file four copies of all plot plans, maps, or other papers required by virtue of any provision of this chapter or any rule of the Board of adjustment. The applicant shall obtain all necessary forms from the secretary of the zoning board of adjustment.
The secretary of the Board shall inform the applicant of the steps to be taken to initiate proceeding and of the regular meeting dates of the Board.
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 should not be stayed otherwise than by a restraining order 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.
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, interpretation, 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.
Any variance from the terms of this chapter or any zoning ordinance or land use ordinance 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 a period to be fixed by the Board of not less than nine months duration 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 Township council, or to a court of competent jurisdiction, until the termination n any manner of such appeal or proceeding.
The Board of adjustment shall have such powers as are granted by law to:
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 official or agency based on or made in the enforcement of the zoning ordinance.
Hear and decide requests for interpretation of the Zoning Map or zoning ordinance, or for decisions upon other special questions upon which such board is authorized by the zoning ordinance to pass.
(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 in the zoning ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such properly, grant, upon an application or an appeal relating to such property, a variance from strict application of such regulations 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 N.J.S.A. 40: 55D-1 et seq. 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 regulations in the zoning ordinance; provided, however, that no variance from those departures enumerated in subsection d of this section 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 subsection 47a. of the Municipal Land Use Law of 1975, c.291 P.L. 1975.
In particular cases, and for special reasons, grant a variance to allow departure from regulations in the zoning ordinance to permit (1) a use or 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 section 54 of P.L. 1975, c. 291 (C.40:55D-67) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in section 3.1 of P.L. 1975, c. 291 (C40:55D-4), (5) an increase in the permitted density as defined in section 3.1 of P.L. 1975, c.29 1 (D 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. A variance under this subsection shall be granted only by affirmative vote of at least five members (two-thirds of the full authorized membership) of the Board.
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 ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board for its report provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.
The zoning board of adjustment shall in addition to the powers specified in subsection 19-2.10 have power given by law to:
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 drainageway, flood control basin or public area reserved on the Official Map.
Direct issuance of a permit pursuant to C. 40:55D-36 for a building or structure not related to a street.
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 subsection 19-2.10d.
The Board of adjustment shall render not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer, or (2) the submission of a complete application for development to the Board pursuant to the provisions of C. 40:55D-72 (b).
Failure of the Board to render a decision within such 120 day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Ord. No. 76-33; Ord. No. 85-31; Ord. No. 87-6; Ord. No. 88-7; Ord. No. 89-3; Ord. No. 89-30; Ord. No. 90-23; Ord. No. 93-38; Ord. No. 96-02; Ord. No. 98-31; Ord. No. 2013-4]
No member of the Planning Board or zoning board of adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
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 canceled for lack of applications for development to process.
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,
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provisions of C. 291 Laws of N.J. 1975.
Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.D.S. 40: 55:D 2 5 or subscription 57d N.J.S.A. 40: 55D1 shall be deemed an action denying the application.
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 N.J. 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.
Request for Special Meeting. An applicant for approval of an application may request a special meeting of the Planning Board or zoning board of adjustment. The Board may schedule such special meeting(s) at a date and time convenient to the applicant, the Board and the public. There shall be paid to the Township, prior to the meeting, a non-refundable special meeting fee of $1,000.
Canceled Meeting Fee. With the exception of applications for variances under N.J.S.A. 40:55D-70c. associated with existing residential structures, if any application is withdrawn or if any hearing is canceled at the applicant's request five or less business days preceding the scheduled meeting date, the applicant shall be charged a fee of $500.
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 secretary of the respective boards. 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 of his use as provided for in the rules of the Board.
Recording Fee. A Certified Shorthand Reporter - $250, plus: an additional $30 for each additional one-half hour after 11:00 p.m. If additional hearings are required, a fee of $250 will be deducted from the applicant's escrow to pay for any and all subsequent meetings.
Change in Use. Change in use of existing structure where there is no new construction involved: $250 for first 1,000 square feet of gross floor area of any existing structure; plus $100 for each 1,000 square feet or fraction thereof.
Temporary Operating Permit. Sixty dollars. All fees are non-refundable.
Conditional Uses. In addition to any required site plan, subdivision or other fees, each application for approval of a conditional use shall be accompanied by a fee of $500. All fees are non-refundable.
Minor Subdivision. Five hundred dollars plus $100 per lot including lands remaining. All fees are non-refundable.
Preliminary Major Subdivisions. One thousand dollars plus $250 per lot including any lands remaining or common open space. All fees are non-refundable.
Final Major Subdivision. Two hundred fifty dollars per lot including any lands remaining or common open space. All fees are non-refundable.
Preliminary Site Plan. Five hundred dollars plus $250 for the first 1,000 square feet of floor area (proposed buildings and structures) plus $25 for each additional 1,000 square feet or portion thereof. All fees are non-refundable.
Final Site Plan. Five hundred dollars for the first 1,000 square feet of floor area (proposed buildings or structures) plus $250 for each additional 1,000 square feet or portion thereof. Final site plan fees shall be paid in addition to preliminary site plan fees if simultaneous review and approval is requested. If only preliminary approval is granted the final site plan fees shall be applied to the final site plan application. If denied, the final site plan fees shall be refunded. All fees are otherwise non-refundable.
Resubmission of Subdivision or Site Plans. Each resubmission made prior to a decision of the approving authority shall be accompanied by a non-refundable fee of $250. All fees are non-refundable.
Request for Waiver of Site Plan Review. Request for waiver of site plan review shall be accompanied by a fee of $500 which shall be applied to site plan fees if such request is denied. All fees are non-refundable.
[Ord. No. 2017-21]
Concept sketch less than 5 lots: $100.
Escrow fee: $1,000 per lot.
Concept sketch five lots or more: $500 plus $100 for every lot over 5.
Escrow fee: $5,000 plus $1,000 for every lot over five.
Site plan concept sketch: $500 for the first 1,000 square feet of floor area (proposed buildings plus $250 for each additional 1,000 square feet or portion thereof.
Escrow fee: $2,500 for the first 1,000 square feet, $100 for each additional 500 square feet.
Concept plan multifamily site: $1,000 per acre plus $100 per unit.
Escrow fee: $2,500 per acre plus $50 per unit (Minimum deposit $3,000 to $3,500).
All Application fees are non-refundable.
Establishment of Escrow Accounts. In addition to the foregoing non-refundable application fees, all applicants for development or developers submitting concept plans shall establish one or more professional review and inspection escrow accounts with the Township to cover all professional, environmental, legal (including legal research and preparation of resolutions and performance and maintenance bond documentation), engineering, planning, expert review, inspection and consultation fees and services of the Township, including testimony and costs of certified reporters and transcripts associated with the review and processing of the application or concept plan revisions. Said professional review and inspection escrow fees shall be required for all applications for development concept plans. Where one application for development involves several approval requests, the sum of the individual required escrow fees shall be paid.
[Ord. No. 2017-21]
Cumulative Fees. Where an application involves more than one approval such as a combined subdivision/site plan application, preliminary/final site plan application, subdivision/bulk variances application or preliminary site plan/use variance application, the fee shall be cumulative.
Request for Waiver of Standards. For each request for a waiver of any of the requirements of Chapters 16, 19 or 22, a non-refundable fee of $25 for each waiver shall be submitted with the application, except that there shall be no waiver of any fees specified in this or other Chapter of the Land Use and Development Ordinances of the Township of Scotch Plains.
Escrow Fees for Professional Review; Inspection Fee Escrow.
Establishment of Escrow Accounts. In addition to the foregoing non-refundable application fees, all applicants for development not exempted by paragraph p,2 below shall establish one or more professional review and inspection escrow accounts with the Township to cover all professional, environmental, legal (including legal research and preparation of resolutions and performance and maintenance bond documentation), engineering, planning, expert review, inspection and consultation fees and services of the Township, including testimony and costs of certified reporters and transcripts associated with the review and processing of the application. Said professional review and inspection escrow fees shall be required for all applications for development, except as set forth in paragraph p,2 below. Where one application for development involves several approval requests, the sum of the individual required escrow fees shall be paid.
Exemptions from Escrow Provisions. Residential variances pursuant to N.J.S.A. 40:55D-70c, not associated with a subdivision (whether major or minor) or site plan, shall be exempt from the professional review and inspection escrow provisions of this subsection 19-3.4.
Time for Payment: Additional Escrow Funds.
Any applicant seeking a development approval under this chapter shall deposit to the escrow account the amount(s) hereinafter provided unless exempted under paragraph p,2 above.
All application and professional review escrow fees must be deposited with the Township prior to any review by Township personnel and/or consultants and prior to a determination that the application is complete.
In the event that the amount(s) required to be deposited by this subsection are not sufficient to cover the Township's estimated and anticipated professional charges associated with an application for development, the Planning Board, zoning board of adjustment or Township council, as the case may be, shall request additional professional review escrow funds pursuant to paragraph p,11 below.
Inspection Fees. In addition to any professional review escrow, each applicant not exempted by paragraph p,2 above shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvements pursuant to paragraph p,1 above. All such costs for inspection (and any uncollected costs for review) shall be paid in accordance with paragraph p,10 below. All improvements and utility installations shall be inspected during the time of installation under the supervision of the Township Engineer (or other engineer retained by the Township for such inspection) to ensure satisfactory completion.
Responsibilities of Administrative Officer.
The administrative officer shall:
Prepare a monthly report of the cost of professional services to be charged to the escrow accounts and shall submit it to the Chief Financial Officer of the Township. The costs of professional services shall be determined as follows:
Township Personnel - the charge shall not exceed 200% of the sum of the products resulting from multiplying (i) the hourly base salary of each of the professionals (as established annually by ordinance) by (ii) the number of hours spent by the respective professionals in their review of the application for development or inspection of the developer's improvements, as the case may be.
Consultant Services - direct billing submitted in accordance with the standard voucher procedures of the Township, pursuant to paragraph p,8 below.
Perform the duties as set forth in paragraph 11 below.
Responsibilities of Chief Financial Officer.
The Chief Financial Officer shall:
Advise the administrative officer on a monthly basis of the balance of all escrow accounts and whether additional funds are required pursuant to paragraph p,11 below.
Prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
Responsibilities of Township Professionals.
When review and/or inspections services are provided by a professional who is a Township employee, said Township professional shall:
Prepare and submit monthly to the administrative officer a statement containing the same information as required on a voucher by consultants/outside professionals as set forth in paragraph p,8(a) below. The administrative officer shall then include such statement in its report submitted monthly to the Chief Financial Officer as more particularly set forth in paragraph p,5 above.
Simultaneously send to the applicant a copy of all statements submitted to the administrative officer.
Obligations of Consultants/Outside Professionals.
The consultants/outside professionals shall:
Submit vouchers to the Township Chief Financial Officer on a monthly basis for their review of applications, review and preparation of documents and inspection of improvements, in accordance with schedules and procedures established by the Township. Said voucher shall identify the personnel performing the service(s); the date(s) upon which service(s) were rendered; the hour(s) spent to one-quarter hour increments; the hourly rate; and the expenses incurred.
Simultaneously send to the applicant a copy of all statements submitted to the Township.
Professional Review Escrow.
Each applicant is required to deposit the following amounts into escrow for the payment of professional services utilized in the review of its application:
Minor Subdivision: $2,000.
Major Subdivision - Preliminary plat: $5,000.
Major Subdivision - Final plat: $2,000 plus $25 per lot.
Site Plan: $7,500 plus $10 per 100 square feet of building.
Use Variances - "d" variances under N.J.S.A. 40:55D-70d.: $1,000 for each "d" variance sought.
Appeals pursuant to N.J.S.A. 40:55D-70a: Two thousand five hundred dollars.
Interpretations pursuant to N.J.S.A. 40:55D-70b: Two thousand five hundred dollars.
Inspection Fee Escrow. Before the commencement of any on-site work, including grading or clearing, the applicant is required to deposit inspection fee(s) into escrow as set forth herein.
Said inspection fees shall be in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the inspection fees are less than $10,000, such fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer prior to the commencement of any on-site work, including grading or clearing, shall be 50% of the inspection fees. When the balance on the deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer (or other engineer retained by the Township for such inspection) for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are ten thousand ($10,000.00) dollars or greater, such fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer, prior to the commencement of any on-site work, including grading or clearing, shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer (or other engineer retained by the Township for such inspection) for inspection, the developer shall make additional deposits of 25% of the inspection fees. The Township Engineer (or other engineer retained by the Township for such inspection) shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this paragraph shall be applied by stage or section.
Replenishment of Escrow. If an escrow account or deposit contains insufficient funds to enable the Township, the Planning Board or zoning board, as the case may be, to perform required application reviews or improvement inspections, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within five business days, post a deposit to the account in an amount to be agreed upon by the Township, the Planning Board or zoning board, as the case may be, and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
Close-Out Procedures for Escrow Deposits. The following close-out procedure shall apply to all deposits and escrow accounts established hereunder and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan (in the case of application review escrows and deposits) or after the improvements have been approved as provided in subsections 21-4.7 and 22-4.6 of the General Ordinances of this Township (in the case of improvement inspection escrows and deposits). The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the Planning Board or zoning board (as the case may be), and to the Township Engineering department, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
An applicant shall notify in writing the Township council with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provision of this chapter. The municipal manager, shall, within 45 days of the receipt of any written notification of dispute from the applicant, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the Union County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Township Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his or her authorized agent shall submit the appeal in writing to the Union County Construction Board of Appeals. The applicant or his or her authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher or statement required by paragraphs p,7 or 8 above, except that if the professional has not supplied the applicant with an informational copy of the voucher or statement, then the applicant shall file his or her appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by paragraph p,6(b) above. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
During the pendency of any appeal, the Township or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The chief financial official of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.
Rules. The Planning Board and the zoning board of adjustment shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of C. 40:55D-l et seq. or of this chapter.
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" P. L. 1953, C. 1938 (C. C. et seq.) shall apply.
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.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
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.
Whenever a hearing is required on an application for development pursuant to C. 40:55D-l et seq. the applicant shall give notice thereof as follows:
Public notice shall be given by publication in the official newspaper of the Township at least ten days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet of all directions of the property which is the subject of such hearing and whether located within or without the Township 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 said current tax duplicate or his agent in charge of property or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is now 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 of all hearings of applications for development involving property located within 200 feet of an ad joining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which no ice shall be in addition to the notice required to be given pursuant to subsection 19-3.6, b, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail to the county Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail to the Commissioner of transportation of a hearing on a application for development of property adjacent to a State highway.
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 Township Clerk pursuant to Section 6b of C. 291 Laws of N.J. 1975.
All notices hereinabove specified in this section ! hall 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.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of C. 40:55D-14.
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 Township 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.
Pursuant to the provisions of C. 40: 55D-12c, the Tax Assessor of the Township shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 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 19-3.6, b.
Each decision on any application for development shall include findings of fact and conclusions based thereon in each decision or any application for development and shall reduce the decision to writing.
The municipal agency shall provide the findings and conclusions through:
A resolution adopted at a meeting held within the time provided in C. 40: 55D-l et seq. for action by the municipal agency on the application for development; or
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency votes to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to C. 40: 55D-9; resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsection h and I of section C. 40: 55D-10.
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 Township 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 Township.
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 its submission, the application 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 constructed 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 applicant for development have been met.
The check list requirement for development are as follows:
Check list requirements for all applications for development. The date of certificate of completeness of an application for development to the zoning board of adjustment shall be set forth in the ordinance.
[Ord. No. 2017-25]
Prior to the submittal of an application for development, the Applicant may request an informal review with Township Representatives, including the Township Zoning Officer, Township Engineer, Planning Board Engineer, Township Planner and Township Attorney, in order to:
Acquaint the applicant with the substantive and procedural requirements of the subdivision, site plan, and/or redevelopment ordinance.
Provide for an exchange of information regarding the proposed development plan and applicable elements of the master plan, zoning ordinance and other development requirements.
Advise the applicant of any public sources of information that may aid the application.
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
Consider opportunities to increase development benefits and mitigate undesirable project consequences.
Permit input into the general design of the project.
Applicants seeking review of a concept plan shall provide 16 copies of the plan and narrative description of the proposed development and the required review fees to the Township.
The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the representatives to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Township's development goals and objectives.
Neither the applicant nor the Township is bound by any concept plan or informal review.
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the secretary of the Planning Board or zoning board of adjustment, as the case may be. The applicant shall pay to the Township the cost of the publication immediately upon receipt of a bill for same from the secretary of the Planning Board or zoning board of adjustment, as the case may be. The notice shall be sent to the official newspaper for publication within ten days of the date of any such decision.
Pursuant to the provisions of C. 40: 55D-39 and C. 40: 55D-65, every application for development submitted to the Planning Board or to the 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 the 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 Township will be adequately protected.
[Ord. No. 76-33; Ord. No. 85-31; Ord. No. 7-2009]
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 Township based on or made in the enforcement of the zoning ordinance, or Official Map. Such appeal shall be taken within 65 days of filing a notice of appeal in the manner set forth in subsection 19-2.7, a, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. No. 76-33; Ord. No. 98-31]
Whenever a term is used in this chapter which is defined in C. 291 Laws of N.J. 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.
All sections of the land subdivision ordinance, zoning ordinance, or any other ordinance of the Township which contains provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency), repealed.
Pursuant to the provisions of C. 291 Laws of N.J. 1975 Section 81, the substantive provisions of the existing land subdivision ordinance and zoning ordinance of the Township 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 this act or until the Township exercises the authority delegated by said ordinance to regulate development, whichever occurs first.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 19-4.
This chapter shall be known and may be cited as "The Land Use Procedures Ordinance of The Township of Scotch Plains."
This chapter shall take effect on December 1, 1976.
Immediately upon adoption of this chapter the Township 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 Township relating to land use, such as the subdivision, zoning, and site plan review ordinances.
Annexed hereto and made a part hereof as Exhibit A is the checklist for various land development applications made to either the Planning Board or zoning board of adjustment, as the case may be.
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Ord. No. 98-31]
The purpose of this section is to establish rules, regulations, standards and procedures for the preparation of an environmental impact statement by the applicant in order to provide essential information to the appropriate reviewing board so that the environmental consequences of a proposed activity can be evaluated and controlled for the promotion of the safety, public health, convenience and general welfare of the community. The environmental impact statement shall describe, with suitable sketches and plans, the proposed project. The environmental impact statement shall complement, rather than duplicate, the site plan and building plan and shall include a survey and description of the environmental features of the property.
All applications for major subdivision, site plan, conditional use or use variance, shall be required to include an environmental impact statement unless waived in accordance with paragraph c below.
Exemption. Variances relative to existing single family or two family homes where the property does not contain any stream corridors, floodplains, wetlands, or wetland transition areas shall be exempt from the environmental impact statement requirements.
Waiver. The administrative officer, or for those applications which require approval by the Planning Board or zoning board of adjustment, the appropriate reviewing board, may waive the environmental impact statement requirement where the application and other sources of information available to the administrative officer or reviewing board demonstrate that the proposed activity will not involve an environmentally detrimental or potentially environmentally detrimental use. The administrative officer or reviewing board shall seek the advice of the environmental commission before rendering a waiver decision. The waiver may be of the entire environmental impact statement, or specific portions of the statement. Any request for a waiver of this requirement shall be made in writing with reasons as to why the waiver should be granted.
General Requirements. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. "Environmentally sensitive areas" include but are not limited to stream corridors and floodplains, streams and water bodies, wetlands, wetland transition areas, slopes greater than 5%, highly acidic or erodible soils, mature stands of trees, aquifer discharge areas and unique natural features and habitats.
Describe on-site sewerage facilities and off-site sewerage connections; demonstrate adequacy of both on-site and off-site sewerage facilities and capacities and that the sewage can be disposed of without pollution to natural and man-made water systems.
Demonstrate that an adequate potable water supply is available for both domestic use and fire protection, and demonstrate compliance with N.J.S.A. 58:12A-1, et seq., New Jersey Safe Drinking Water Act.
Discuss the effect of the proposed activity on ground and surface water quality and quantity; include calculations of before development and after-development infiltration capacity; describe any activities which may result, even temporarily, in noncompliance with relevant water quality standards and demonstrate ability to comply permanently with state and local regulations as set forth in N.J.S.A. 26:3B-2 and 3B-3, Nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C. 7:14A-1, and New Jersey Pollution Discharge Elimination System.
Describe any impact on stream corridors, wetlands, wetland transition areas, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas. Demonstrate compliance with N.J.A.C. 7:13, Flood Hazard Area Regulations and N.J.A.C. 7:7A, Freshwater Wetlands Regulations.
Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant State and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. 27, Air Pollution Control.
Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor be detrimental to the quality of life and privacy of the surrounding community; demonstrate compliance with N.J.A.C. 7:29, Noise Control.
Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will be generated by the proposed activity; demonstrate compliance with relevant state and local regulations and standards as set forth in N.J.S.A. 13:1K-6, et seq., Environmental Cleanup and Responsibility Act; N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances; and N.J.A.C. 7:30, Pesticide Control.
Describe the environmental impact of traffic generation.
Describe any proposed site lighting and demonstrate that there will not be adverse glare at adjoining properties.
Describe any adverse environmental effect that may occur during the construction phase of the project.
List all known licenses, permits and other forms of approval required by the Township, as well as agencies of the county, State and Federal governments. Where approvals have been granted, attach copies; where approvals are pending, a note shall be made to that effect.
List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in the compilation of the environmental impact statement.
Environmental Performance Controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off-site resulting from the proposed activity, including but not limited to:
Site design techniques sensitive to the natural environment, surrounding land uses, and cultural resources. Techniques should include innovative landscapes, building and circulation design and buffers.
Drainage plans which would limit site run-off and minimize non-point source pollution.
Sewage disposal techniques.
Water supply and water conservation proposals.
Energy conservation measures.
Pollution control measures that favorably affect air quality and water quality and reduce noise.
Open space reserves.
Procedures for chemical spill prevention, control and cleanup.
Protection of mature trees.
Protection of wetlands and wetlands transition areas.
Soil erosion and sediment control.
The name and address of the person, persons or entity who prepared the environmental impact statement and their curriculum vitae.
The municipal reviewing board shall use the environmental impact statement and any other available information to evaluate environmental impact and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact.