[Adopted 12-11-2000 by Ord. No. 2000-012 as Article V, amended 12-19-2005 by Ord. No. 2005-004 to renumber as Article VI]
(Amended 6-20-2011 by Ord. No. 2011-003)
A.
Establishment. The Planning Board shall consist of the following
classes:
Class I: Mayor.
Class II: One of the officials of the municipality 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 municipality 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 shall be a Class IV Planning Board member.
Alternate Members: Alternate members of the Planning Board shall
be designated at the time of appointment by the Mayor as "Alternate
Number 1," "Alternate Number 2," "Alternate Number 3," and "Alternate
Number 4."
The terms of the alternate members shall be for two years, except
that 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:
No alternate member shall be permitted to act on any matter
which he has either directly or indirectly any personal or financial
interest.
An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause.
Alternate members may participate in discussions of the proceedings
but may not vote except in absence or disqualification of a regular
member of any class of the Planning Board.
A vote shall be delayed in order that a regular member may vote
instead of an alternate member, in the vent that a choice must be
made as to which alternate member is to vote, Alternate Number 1 shall
vote.
B.
Combining powers of zoning board of adjustment with planning board.
(1)
Pursuant to N.J.S.A. 40:55D-25(c), the Borough of Millstone hereby
creates a nine member Planning Board which Planning Board shall have
the right to exercise, to the same extent and subject to the same
restrictions, all of the powers of the Zoning Board of Adjustment.
(2)
The Class I and Class III members of said Planning Board shall not participate in consideration of applications for the Board which involve relief pursuant to subsection D of section 57 of Public Law 1975, Chapter 291 (N.J.S.A. 40:55D-70).
(3)
All powers and responsibilities previously established and given
to the Zoning Board of Adjustment by ordinance and statute are hereby
specifically transferred to the newly created Planning Board.
(4)
The previously established Zoning Board of Adjustment is hereby terminated
and abolished as of the effective date of this Ordinance.
(5)
Any pending applications before the Zoning Board of Adjustment as
of the effective date of this Ordinance shall be transferred as of
that date to the Planning Board.
C.
Terms.
(1)
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.
(2)
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body at the completion of his Class
IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this Ordinance shall be so determined that to the greatest practicable
extent the expiration of such term 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 the term of any present member 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.
D.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term.
E.
Organization of board. 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.
F.
Planning Board attorney. 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 Municipal Attorney.
G.
Experts and staff. 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 of its use.
H.
Powers and duties generally.
[Amended 6-20-2011 by Ord. No. 2011-003]
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The Planning Board is authorized to adopt by laws governing
its procedural operation. It shall also have the following powers
and duties;
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(1)
To make and adopt and from time to time 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 C. 40:55D.28.
(2)
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the Borough in accordance with the provisions
of this Ordinance and the Municipal Land Use Law of 1975, C. 40:55D-1
et seq.
(3)
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning
program.
(5)
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
(6)
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provision of C. 40:55D 16(a) and also pass upon
other matters specifically referred to the Planning Board by the Borough
Council, pursuant to the provisions of C. 40:55D.26(b).
(7)
When reviewing applications for approval of subdivision plans, site
plans or conditional uses to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(8)
Variances pursuant to subsection 57c of Ch 291 Laws of N.J. 1975
from lot area, lot dimensional set back and yard requirements provided
that such relief from lot area requirements shall not be granted for
more than one lot.
(9)
Direction pursuant to section 25 of said act 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 said act.
(10)
Direction pursuant to section 27 of said act for issuance of
a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to the 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.
(11)
To perform such other advisory duties as are assigned to it
by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
(12)
To exercise all of the powers granted zoning boards of adjustment
by N.J.S.A. 40:55D-1 et seq.
I.
Time.
(1)
Minor Subdivision. 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. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law," or a deed clearly describing the approved
minor subdivision is filed by the developer with the County Recording
Officer, the Municipal Engineer and the Municipal Tax Assessor. Any
such plat or deed must be signed by the Chairman and Secretary of
the Planning Board before it will be accepted for filing by the County
Recording Officer.
(2)
Preliminary Approval Major Subdivisions. 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.
(3)
Ancillary Powers. Whenever the Planning Board is called upon to exercise
its ancillary powers before the granting of a variance as set forth
in this Ordinance, the Planning Board shall grant or deny approval
of the application within 45 days of the date of such submission or
with 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.
(4)
Final 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.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period of the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may for a good cause shown, extend the
period of signing of the plat.
(5)
Applications, Procedure for Filing. 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 three copies of a sketch plat; application
for major subdivision approval or three 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 provisions
of this Ordinance or any rule of the Planning Board. The applicant
shall obtain all necessary forms from the Secretary of the Planning
Board. The Secretary of the Board shall inform the applicant of the
steps to be taken to initiate applications and of the regular meeting
dates of the Board.
J.
Advisory committee. 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.
K.
Environmental commissions. Whenever the Environmental Commission
has prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
L.
Rules and regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this Ordinance 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.
M.
Expiration of variance.
[Added 6-20-2011 by Ord.
No. 2011-003]
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Any "d" variance from the terms of this Ordinance hereafter
granted permitting the erection or alteration of any structure or
structures or permitting a specified use of any premises shall expire
by limitation unless such construction or alteration shall have been
actually commenced on each and every structure permitted by said variance,
or unless such permitted use has actually been commenced within nine
months from the date of adoption of the resolution memorializing the
approval of the variance; 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 Planning Board to the
governing body or to a court of competent jurisdiction, until the
termination in any manner of such appeal or proceeding.
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(Zoning Board of Adjustment deleted 6-20-2011 by Ord. No. 2011-003)
(Section 30-149 title amended 6-20-2011 by Ord. No. 2011-003)
A.
Conflicts of interest. No 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 nor participate in any discussion
or decision relating thereto.
B.
Meetings.
(1)
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 canceled for lack of applications for development to process.
(2)
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.
(3)
No action shall be taken at any meeting without a quorum being present.
(4)
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of c. 291 Laws of N.J. 1975.
(5)
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 the Board shall not be deemed
a regular or special meeting in accordance with the provisions of
c. 40:55D-9.
C.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the name of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the Office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
D.
Fees. Fees for application or for the rendering of any service by
the Planning Board or any member of their administrative staff which
is not otherwise provided by ordinance may be provided for and adopted
as part of the rules of the Board and copies of said rules or of the
separate fee schedule shall be available to the public.
E.
Hearings.
(1)
Rules. The Planning Board may make rules governing the conduct of
hearings before such bodies which rules shall not be inconsistent
with the provisions of c. 40:55D-1 et seq or of this Ordinance.
(2)
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 or relevant
evidence including witnesses and documents presented by the parties
and the provisions of the "County and Municipal Investigations Law"
P.L. 1953, c. 1938 (c. 2A.67A 1 et seq.) shall apply.
(3)
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 decision of the presiding officer
and to reasonable limitations as to time and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
(5)
Records. The 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.
Notice requirements for hearing. Whenever a hearing is required on
an application for development pursuant to c. 40:55D-1 et seq. the
applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
(2)
Notice pursuant to N.J.S.A. 40:55D-12 shall be given to the owners
of all real property as shown on the current tax duplicate or duplicates
located with 200 feet in all directions of the property which is subject
of such hearing and whether located within or without the municipality
in which applicant's land is located. Such notice shall be given
by (1) serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property or (2) mailing
a copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate. A return receipt is not
required. Notice to a partnership 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.
(3)
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraphs F(1) and F(2) of this Ordinance
to the owners of lands in such adjoining municipality which are located
within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan adjoining
other county land or situate within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on a application for development
of property adjacent to a State highway.
(6)
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeded 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to section 6b of c. 291 Laws of
N.J. 1975. (N.J.S.A. 40:55D-10).
(7)
All notice hereinabove specified in this section 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.
(8)
Any notice made by certified mail as herein above required shall
be deemed to be complete upon mailing in accordance with the provision
of c. 40:55D-14.
(9)
Form of Notice. All notice required to be given pursuant to the terms
of this Ordinance 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 number as shown on the current tax duplicate
in the Municipal Tax Assessor's office and the location and times
at which any maps and documents for which approval is sought are available
as required by law.
G.
List of property owners furnished. Pursuant to the provision of c.
40:55D-12c., the Administrative Officer of the municipality shall
within seven days after receipt of a request therefor and upon receipt
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 paragraph F.
H.
Decisions.
(1)
Each decision on any application for development shall be set forth
in writing as resolution of the Board which shall include findings
of fact and legal conclusion based thereon.
(2)
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 Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
I.
Publication of decision. A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board, without
separate charge to the applicant. Said notice shall be sent to the
official newspaper for publication within 10 days of the date of any
such decision.
J.
Payment of taxes. Pursuant to the provisions of c. 40:55D-39 and
c. 40:55D-65, every application for 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 such application; or, if it is shown that taxes or
assessments are delinquent on said property, any provision for the
payment thereof in such manner that the municipality will be adequately
protected.
(Amended 6-20-2011 by Ord. No. 2011-003)
A.
Appeals from the planning board to governing body. An appeal from
any decision of the Planning Board granting a "d" variance pursuant
to the provisions of c. 40:55D-70(d) may be taken to the governing
body provided such appeal shall be made within 10 days of the date
of publication of such final decision of the Planning Board.
(Amended 7-3-2002 by Ord. No. 2002-182)
A.
Application procedures. Every development application, application for informal review, appeal, request for interpretation, and other form of relief identified in Section 30-151F shall be accompanied by a check payable to the Borough in accordance with the schedule set forth in this section. Applications for development requiring a combination of approvals (e.g., a subdivision with site plan and hardship variances) shall pay an amount equal to the sum of the amounts for the separate elements of relief requested, including an amount for each variance. In no case shall the escrow deposit required at the time of the application exceed $20,000. The amount of any unexpended escrow deposits for informal review shall be a credit toward fees for review of the application for development. The application shall be deemed incomplete if the fees and deposit are not paid. Whether or not specifically stated in the resolution of memorialization, payment in a timely manner of all escrow fees which become due shall be a condition of the approval of any application.
B.
Use of fees and deposits. The application charge is a flat fee to
cover direct administrative expenses and is non-refundable. The escrow
deposit is established to cover the costs of professional services,
including engineering, legal, planning, traffic, landscape architecture,
environmental, historic preservation, and other expenses in connection
with the review of the submitted materials, including the hearings
thereon, review of revised plans, review to ensure that conditions
have been satisfied, and all other application follow-up. Sums not
utilized in the review process shall be returned to the developer.
C.
Insufficient funds and municipal remedies therefore. If an escrow
account contains insufficient funds to enable the Borough or Planning
Board to complete required application reviews, including follow-up
as to documents and conditions, the Chief Financial Officer shall
provide the applicant with a notice of insufficient escrow balance.
In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the Borough or Planning
Board and the applicant. In the interim, any required health and safety
inspections shall be made and charged against the replenishment of
funds. The time to act under the Municipal Land Use Law shall be tolled
during the time when there has been no municipal action because the
applicant has not posted the additional escrow deposit provided for
in this paragraph C. If at the time of decision the applicant is in
default of any required escrow payments or fees, the Planning Board
shall deny the application. No building permits or certificates of
occupancy shall be issued until all such escrow funds have been paid.
All escrow charges which are due and owing shall become a lien on
the premises with respect to which said charges are required and shall
remain so until paid. Said overdue charges shall accrue the same interest
from time to time as taxes upon real estate in the Borough. The Borough
shall have the same remedies for the collection thereof with interest,
costs, and penalties as it has by law for the collection of taxes
upon real estate. The applicant shall be responsible for all costs
of collection of unpaid fees, including reasonable attorneys'
fees.
D.
Periodic accounting of escrow funds and expenditures. The Chief Financial
Officer shall prepare and send to the applicant a statement which
shall include an accounting of funds listing all deposits, interest
earnings, and 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.
E.
Close-out procedures. The applicant shall send written notice by
certified mail to the Chief Financial Officer, to the Planning Board,
and to the municipal professionals who worked on the application review
and follow-up that the Planning Board has granted final approval;
that, in the case of subdivisions or site plans, the subdivision or
site plan has been signed by the Planning Board; and that, in the
case of all other applications for approvals for which escrow deposits
are necessary, the approval has been perfected and no further review
by municipal professionals is necessary. After receipt of said notice,
each professional shall render a final bill to the Treasurer within
30 days and shall send a copy simultaneously to the applicant. The
Chief Financial Officer 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 from the professionals. Any balances
remaining in the escrow account, including interest, shall be refunded
to the applicant along with the final accounting.
F.
Fee schedule: application charges and escrow deposits.
|
Application Charge
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Escrow Deposit
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|---|---|---|---|
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(1)
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Subdivision Plats
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a. Informal Concept Review
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$200
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For a minor plat or major plat, one- quarter of the escrow deposit
computed for a minor plat or preliminary major plat, but no more than
$1,000
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b. Minor Plat
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$300
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$750 per lot
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|
c. Preliminary
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$100 per lot, but no more than $500
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$750 per lot for the first 10 lots and $500 per lot for the
remaining lots
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d. Final Major Plat
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One-half of the application charge and escrow deposit computed
for the preliminary plat.
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e. Combined Preliminary and Final Plat
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$150 per lot, but not more than $750
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$1000 per lot for the first 10 lots and $750 per lot for the
remaining lots
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The application charge for revisions to minor plats and preliminary
and final major plats prior to approval shall be 1/2 the charge for
the original submission of such plats.
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(2)
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Site Plans
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a. Informal Concept Review
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$200
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One-quarter of the escrow deposit computed for a preliminary
major plan, but no more than $1,000.
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b. Preliminary Plans
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1. Residential
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$250 plus $15 per unit
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$400 per unit for the first 10 units and $200 per unit for each
unit thereafter
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|
2. Nonresidential
|
$300 plus $15 per 1,000 sq. ft. of building gross floor area
|
$500 per 1000 square feet of building gross floor area or $375
per acre, whichever is greater.
| |
|
3. Nonresidential involving signage only
|
$100
|
$750
| |
|
4. Residential and Nonresidential other than signage not involving
floor area
|
$300
|
$10 per square foot of site being disturbed
| |
|
c. Final plans
|
One-Half of the application charge and escrow deposit computed
for the preliminary plan
| ||
|
d. Combined Preliminary and Final Plan
| |||
|
1. Residential
|
$375 plus $20 per unit
|
$450 per unit for the first 10 units and $225 per unit for each
unit thereafter
| |
|
2. Nonresidential
|
$450 plus $20 per square foot of building gross floor area
|
$750 per 1,000 square feet of building gross floor area or $550
per acre, whichever is greater.
| |
|
The application charge for revisions to minor plats and preliminary
and final major plans prior to approval shall be 1/2 the charge for
the original submission of such plans.
| |||
|
(3)
|
Other Submissions
| ||
|
a. Appeals under 40:55D-70a
|
$100
|
$750
| |
|
b. Interpretation or special questions under 40:55D-70b
|
$100
|
$750
| |
|
c. Variances under 40:55D-70c
| |||
|
1. In residential zone except when created by proposed
subdivisions
|
$75
|
$750
| |
|
2. In nonresidential zone and when created by proposed
subdivisions
|
$250
|
$750
| |
|
d. Special reason variances under 40:55D-70d
| |||
|
1. Expansion of existing nonconforming use (single-or
two-family residential)
|
$200
|
$1,000
| |
|
2. All others
|
$400
|
$2,000
| |
|
e. Permits under 40:55D-34 and 35
|
$150
|
$750
| |
|
f. Conditional uses other than home occupations under 44:55D-67
|
$300
|
$1,000
| |
|
g. Conditional uses for home occupations under 44:55D-67
|
$75
|
$750
| |
|
h. Amendment to previously approved plans
|
same as preliminary approval
|
same as preliminary approval, except that the amount shall not
exceed $750 if the Planning Board determines that the proposed modification
is minor
| |
|
i. Informal concept review for variances
|
$150
|
$500
| |
|
j. Certificate of lawful nonconformity
|
$50
|
$200
| |
|
k. Extension of vesting period
|
$100
|
$600
| |
|
l. Master plan or zoning change
|
$300
|
$3,000
| |
|
m. General development plans
|
$500
|
$20,000
| |
|
n. Maintenance guarantee application
|
10% of the maintenance guarantee or $500, whichever is greater
|
None
| |
|
o. Meeting minutes and agendas
| |||
|
1. Single meeting minutes
|
.50 per page
| ||
|
2. Minutes subscription
|
$200 for 24 sets of regular meetings and $100 for all special
meetings
| ||
|
Agendas
|
$50 for 24 sets of regular meetings and $10 for all special
meetings
| ||
|
p. Development permit in accordance with Flood Damage Prevention
Ordinance, whether or not submitted as part of a development application
(Amended 9-28-2007 by Ord. No. 2007-006, 10-17-2016 by Ord. No. 2016-004)
|
$75
|
$250
| |
|
q. Waivers
[Added 8-17-2015 by Ord.
No. 2015-003] |
$50
|
$750
| |
|
(4)
|
Appeal to Borough Council
|
$75
|
None
|
|
(5)
|
Property owner's list
|
$10 or $0.25 per listing, whichever is greater
|
None
|
[Added 12-19-2005 by Ord.
No. 2005-005; amended 1-20-2009 by Ord. No. 2008-009]
A.
Purpose.
(1)
In Holmdel Builder's Association V. Holmdel Township, 121
N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption
of rules.
(2)
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the
Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through
8.7), COAH is authorized to adopt and promulgate regulations necessary
for the establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from nonresidential development.
(3)
This Section 30-151.1 establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this Section 30-151.1 shall be used for the sole purpose of providing low- and moderate-income housing. This Section 30-151.1 shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
C.
Residential development fees.
(1)
Imposed fees:
(a)
Within all district(s), residential developers, except for developers
of the types of development specifically exempted below, shall pay
a fee of one and one half percent of the equalized assessed value
for residential development provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1% of
the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential development:
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(d)
Developers of residential structures being expanded, altered,
or demolished and replaced as a result of a natural disaster shall
be exempt from paying a development fee.
D.
Nonresidential development fees.
(1)
Imposed fees:
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to two and one-half percent of the equalized
assessed value of the land and improvements, for all new nonresidential
construction on an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
two and one-half percent of the increase in equalized assessed value
resulting from any additions to existing structures to be used for
nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
one-half percent shall be calculated on the difference between the
equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development:
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and one-half percent
development fee, unless otherwise exempted below.
(b)
The two and one-half percent fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L.2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three years after that event or after the issuance
of the final certificate of occupancy of the nonresidential development,
whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Millstone as a lien against the
real property of the owner.
E.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the Construction Official responsible for
the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The Developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance of a
building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The Construction Official responsible for the issuance of a
final certificate of occupancy notifies the local Tax Assessor of
any and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the municipal Tax Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Borough of Millstone fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in subsection b of section 37 of P.L.2008, c.46
(C.40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest bearing escrow account by Millstone Borough. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by Millstone Borough.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
F.
Affordable housing trust fund.
(1)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the Chief Financial Officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Millstone affordable housing program.
(3)
Within seven days from the opening of the trust fund account,
the Borough of Millstone shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and COAH to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities approved by COAH.
G.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by COAH. Funds deposited in the housing trust fund may be
used for any activity approved by COAH to address the Millstone Borough's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing non-residential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse Millstone Borough for
past housing activities.
(3)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30% or less of median income. The use of development
fees in this manner shall entitle Millstone Borough to bonus credits
pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
Millstone Borough may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development
fees, may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH' s monitoring requirements. Legal or other
fees related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses
of the affordable housing trust fund.
H.
Monitoring.
(1)
Millstone Borough shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection with Millstone Borough's
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
I.
Ongoing collection of fees.
(1)
The ability for Millstone Borough to impose, collect and expend
development fees shall expire with its substantive certification unless
Millstone Borough has filed an adopted Housing Element and Fair Share
Plan with COAH, has petitioned for substantive certification, and
has received COAH' s approval of its development fee ordinance.
If Millstone Borough fails to renew its ability to impose and collect
development fees prior to the expiration of substantive certification,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L.1985, c.222 (C.52:27D-320). Millstone Borough
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
Millstone Borough retroactively impose a development fee on such a
development. Millstone Borough shall not expend development fees after
the expiration of its substantive certification or judgment of compliance.
No building shall be erected or occupied without permits granted
by the Construction Official and the Zoning Officer of this Borough
whom the Mayor and Council shall appoint and designate.
A.
If, before final subdivision approval has been obtained, any person
transfers or sells or agrees to sell except pursuant to an agreement
expressly conditioned on final subdivision approval, as owner or agent,
any land which forms a part of a subdivision on which, by ordinance,
the Planning Board is required to act, such person shall be subject
to a fine not to exceed $1,000.00 and each parcel, plot or lot so
disposed of shall be deemed a separate violation in accordance with
the provisions of N.J.S.A. 40:55D-55.
B.
In addition to the foregoing, the Borough may institute and maintain
a civil action:
C.
In any such action the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title-closing
expense, if any. Any such action shall be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of such land, or within six years if unrecorded.
D.
Any owner or agent, any person or corporation who shall violate any
other provision of this Ordinance or fail to comply therewith any
of the requirements thereof, and who shall erect, structurally alter,
enlarge, rebuild or move any building or buildings or any structure,
or who shall put into use in violation of any detailed statement or
plan submitted and approved hereunder, or who shall refuse reasonable
opportunity to inspect ant premises, shall be guilty of a misdemeanor
and upon conviction shall be liable to a fine not exceeding $1,000.00
for each offense. Each and every day that a violation is permitted
to exist shall constitute a separate violation of this Ordinance.
In case of one or more sections, clauses, paragraphs or sentences of this Chapter 30, Development Ordinance, or amending ordinances or parts, portions or subdivisions thereof, shall be held or declared to be unenforceable or illegal, this Chapter 30, Development Ordinance, shall nevertheless continue in full force and effect as to all its other particulars and matters, sections, clauses, paragraphs, sentences, parts, portions, or subdivisions, thereof which are not expressly, or by necessary implication held or declared to be unenforceable or illegal.
All ordinances and parts of ordinances of the Borough of Millstone heretofore adopted and that are inconsistent with any of the terms and provisions of this Chapter 30, Development Ordinance, are hereby repealed to the extent of such inconsistency.
[Adopted 12-11-2000 by Ord. No. 2000-12]
This Ordinance shall take effect in the manner provided by law.
