[Editor's Note: Ordinance No. 1272 adopted on May 16, 1995 amended
and supplemented the Land Use Procedures Ordinances in entirety. Prior
ordinance history includes Ordinance Nos. 888 and 936 and 1993 Code
Chapter 18A.]
[Ord. No. 1272]
This chapter shall be known as the Land Use Procedures Ordinance
of the Township of West Caldwell.
[Ord. No. 1272]
This chapter is adopted pursuant to the authority of the Municipal
Land Use Law, Chapter 291, Laws of New Jersey, 1975, (N.J.S.A. 40:55D-1
et seq.), as amended.
[Ord. No. 1272]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements.
[Ord. No. 1272]
a.
All mandatory provisions of the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.) are hereby adopted and shall be read in pari materia
with this chapter.
b.
It is not intended by this chapter to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or ordinances, or any private restrictions placed upon property by
covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes a greater restriction upon the use of buildings
or premises or upon the height of buildings or lot coverage, or requires
greater lot areas, or larger yards, or other open spaces than are
imposed or required by such existing provisions of law or ordinance
or by such rules, regulations or permits or by such private restrictions,
the provisions of this chapter shall control.
[Ord. No. 1272]
It is the intent and purpose of this chapter to promote, encourage
and maintain the purposes of the Municipal Land Use Law (N.J.S.A.
40:55D-2).
[Ord. No. 1272; Ord. No. 1418 §§ 1, 2; Ord. No. 1463 § 1; Ord. No. 1487 §§ 1, 2; Ord. No. 1522 §§ 10, 11; Ord. No. 1534 § 1; Ord. No. 1580 § I; Ord.
No. 1729, § 11; Ord. No.
1745 § 1; Ord. No. 1797-2017 § 1; Ord. No. 1802-2017]
Definitions as set forth in the Municipal Land Use Law (N.J.S.A.
40:55D-3 et seq.) are hereby adopted and are hereby supplemented by
the definitions hereinafter set forth. For the purposes of this chapter,
unless the context clearly indicates a different meaning:
Shall mean a subordinate building or structure on the same
lot with the principal building occupied or devoted exclusively to
an accessory use. Where an accessory building or structure is attached
to, or a portion of, the principal building, such accessory building
or structure shall be considered part of the principal building.
Shall mean a use naturally and normally incidental and subordinate
to the principal use of the premises.
Shall mean the clerk or secretary of an applicable Township
agency unless a different Township official or officials are herein
specifically designated.
Shall mean a change in the supporting members of a building,
an addition to or reduction of a building, a change in use, a conversion
of a building or a part thereof, or removal of a building from one
location to another.
See Dwelling.
Shall mean an area separating land uses, the purpose of which
is to absorb and diminish as much as possible the incompatible differences
between properties and uses.
Shall mean any structure having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of any
persons, animals or property of any kind, including covered porches.
[Ord. No. 1797-2017 § 1]
Shall mean a line parallel to the facing property line which
sets forth the minimum distance by which the principal building or
structure is set back from such property line.
Shall mean and include any combination of antenna, antenna
array, antenna support or tower and related accessory structures designed
in whole or in part for the reception and/or transmission of radio
frequency energy as a part of a licensed radio, television or microwave
facility employed for commercial use. Commercial communications antenna
shall include such services as are employed by nonprofit or religious
stations not licensed under the amateur radio or citizens band regulations
of the Federal Communications Commission (see also Personal communications
antenna).
See Lot, corner.
Shall mean the Essex County Planning Board.
Shall mean the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot. Building coverage does not include
exterior decks or patios. For the purposes of computing building coverage,
building projections such as cornices, eaves, gutters, bay windows,
steps and balconies are excluded.
[Ord. No. 1797-2017 § 1]
Shall mean the portion of the lot that is covered by buildings,
all paved surfaces such as parking lots and driveways, sidewalks,
patios and decks.
[Ord. No. 1797-2017 § 1]
Shall mean an unroofed platform area having its primary floor
surface above the immediately surrounding ground level.
[Ord. No. 1797-2017 § 1]
ONE-FAMILY OR SINGLE-FAMILY DETACHED DWELLINGmean a building or structure constructed on a single lot and separated by a distance from any structure, other than an accessory structure, designed for, and occupied exclusively by, and lawfully accommodating one dwelling unit.
MULTIPLE FAMILY DWELLINGmean a building designed for or occupied by two or more dwelling units.
Shall mean a room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities for one family.
Shall mean a tower which exists at the time of passage of
this ordinance, and whose primary purpose is supporting high-tension
electric transmission lines. For the purpose of this definition any
existing high-tension electric tower, which is replaced in the same
location with a like or similar tower of no greater height, shall
be considered an existing high-tension electric tower.[1]
Shall mean one or more persons living privately together
in a dwelling unit, as a single nonprofit housekeeping unit, under
a common housekeeping management plan which exhibits stability, permanency
and functional lifestyle equivalent to that of the traditional family
unit.
Shall mean the area of all floors in a building excluding
attic and basement floors which are used solely for equipment and/or
storage purposes, stairwells, elevator shafts, open porches, breezeways
and garages. For the purpose of this definition, any floor lower than
the level of the floor at the main entrance shall be construed as
a basement floor.
See Yard.
PRIVATE GARAGEmean a detached accessory building or portion of a principal building used for the private storage of a motor vehicle or vehicles.
PUBLIC GARAGEmean any land, buildings or structures used or designed for temporary storage, polishing, greasing, modifying, enhancing, renovating, maintaining or otherwise servicing motor vehicles, but shall not include motor vehicle body repairing, painting, or laundry (car washing) establishments or the sale, rental or display of new or used motor vehicles.
Shall mean the Mayor and Council of the Township of West
Caldwell.
See Story, half.
Shall mean the vertical distance from the lowest ground elevation
around the foundation to (a) if the roof is flat, the highest point
of the perimeter walls of the building or the highest point of any
roof surface, whichever is greater, or (b) if the roof is sloped,
a point 1/2 the distance between the highest point of the perimeter
walls of the building and the highest point of the roof. The term
"lowest ground elevation," as used herein, shall not include grade
recesses solely intended to accommodate truck loading docks, garage
entrances or similar purposes; provided such recesses do not exceed
four feet in depth below adjoining grade and do not abut more than
25% of the perimeter of the building foundation.
Shall mean any material that prevents absorption of stormwater
into the ground.
[Ord. No. 1797-2017 § 1]
Shall mean either a single sound pressure peak or a single
sound burst (multiple pressure peaks) that has a duration of less
than one second.
Shall mean churches, schools, hospitals and similar nonprofit
public or semi-public uses.
Shall mean any building, portion of building or property
where animals or pets are kept, boarded, bred, trained or retained
for compensation, sale, adoption or exchange, and shall include a
facility commonly known as an animal shelter.
[Added 7-9-2019 by Ord. No. 1820-2019]
Shall mean the total area included within the property lines
of a lot.
Shall mean the average depth measured in the mean direction
of the side property lines from the front property line to the rear
property line.
Shall mean that portion of any lot property line which is
coincidental with any street right-of-way line.
Shall mean the width of the lot measured along the front
setback line of the principal building or, if there is no principal
building, then along the minimum required front setback line of the
principal building.
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets, or a lot bounded on two or more
sides by the same street when such sides form an interior angle of
less than 135°.
Shall mean any facility offering out-patient methadone maintenance
services or functional equivalent thereof, whether sited at the office
of a health professional or elsewhere.
Shall mean a development plan of one or more lots which (1) proposes new development which would not require public notice of a hearing pursuant to this chapter, and which the Planning Board determines would not substantively affect circulation, drainage, landscaping, buffering, parking, lighting, inter-relationships of structures and properties within the general area, or other considerations of site plan review pursuant to this chapter; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to this chapter; (3) contains the information reasonably required in order to make an informed determination as to compliance with § 18A-9 of this chapter.
Shall mean a subdivision of land that does not involve (1)
creation of more than three lots, (2) a planned development, (3) any
new street or (4) the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to the Municipal Land Use
Law (N.J.S.A. 40:55D-42).
Shall mean any area of land, including structures thereon,
that is used or designed to be used for the supply of gasoline or
other fuel or lubricant for motor vehicles, and which may include
facilities of a public garage as defined elsewhere herein.
See Dwelling.
See Township agency.
See Dwelling.
Shall mean a floored roofless area having its primary floor
surface on or below the immediately surrounding ground level, also
known as a terrace.
[Ord. No. 1797-2017 § 1]
Shall mean an antenna used exclusively for the non-commercial
reception and transmission of radio frequency signals by an individual
or organization licensed under Federal Communications Commission (FCC)
Rules, title 47 of the Code of Federal Regulations, 47 CFR, Part 97
(Amateur Radio) or 47 CFR, Part 95 (Citizens' Band), or any amendments
thereof. The term antenna, as used herein, shall include any mechanical
or structural elements whose specific purpose is to support and maintain
an antenna at an elevated point.
Shall mean a group of retail and other commercial establishments
that is planned, developed, owned and managed as a single building
located on single property, typically with on-site parking provided.
The areas included shall be limited to the following locations:
|
1.
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West Caldwell Plaza.
|
|
2.
|
Broadway Square.
|
|
3.
|
Essex Mall.
|
|
4.
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555 Passaic Avenue.
|
|
5.
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749 Bloomfield Avenue.
|
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6.
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1200 Bloomfield Avenue.
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Any additions to these defined locations shall only be made
upon the recommendation of the Planning Board upon a finding of consistency
with the definition established herein.
[Ord. No. 1797-2017 § 1] |
See Garage.
See Garage.
See Yard.
Shall mean an establishment where food and drink are prepared,
served and consumed primarily within the principal building. Restaurants
do not include drive-thru, drive-up or drive-in service.
[Ord. No. 1797-2017 § 1]
Shall mean an establishment whose principal business is the
sale of prepared or rapidly prepared food directly to the consumer
in a ready-to-consume state for consumption either within the restaurant
building or off the premises. Foods are packaged in paper or other
types of disposable wrappers and containers. This type of establishment
may include drive-thru, drive-up or drive-in service.
[Ord. No. 1797-2017 § 1]
Shall mean a dish-, cone- or spherical-shaped antenna designed
to receive and/or transmit microwave signals from and/or to earth-orbiting
communications satellites.
See Satellite dish antenna.
Shall mean a building or group of buildings containing separate,
individual and private storage spaces of varying sizes available for
lease or rent for varying periods of time.
See Building setback line.
See Yard.
Shall mean and include every sign, billboard, freestanding
identification sign, roof sign, wall sign, instructional sign, product
display sign, drive-up menu board sign, sign on the exterior or interior
surface of a building or structure, illuminated sign, temporary sign,
awning, banner and canopy, and shall include any announcement, declaration,
display, illustration or insignia used to advertise or promote the
interests of any person, organization, business or product when the
same is placed in view of the general public, except when the Township
agency deems the same to be an integral architectural element of the
building or structure. Signs which are located completely within an
enclosed building or structure are not included unless they are visible
or directed to be seen by the general public from the outside of the
building or structure.
[Ord. No. 1797-2017 § 1]
Shall mean a sign displaying food and/or beverages offered
for sale at a fast-food restaurant and located adjacent to the drive-up
lane on the premises upon which such service is offered. The sign
may contain an intercom system. This system shall not be audible beyond
the limits of the property.
[Ord. No. 1797-2017 § 1]
Shall mean a sign that is mounted on a freestanding pole,
poles or other support that is independent of any other structure.
[Ord. No. 1797-2017 § 1]
Shall mean on-site signage that provides direction or information
to pedestrians and/or vehicular traffic that is related to the movement
of pedestrian and/or vehicular traffic on the premises and does not
display a commercial message (e.g. "entrance," "exit," "one-way" and
the like).
[Ord. No. 1797-2017 § 1]
Shall mean a sign displaying food and/or beverages offered
for sale at a fast-food restaurant and located adjacent to the drive-up
lane. Intercom systems are not permitted on a product display board
sign.
[Ord. No. 1797-2017 § 1]
Shall mean a sign which is attached directly to the wall
of the building in such a manner that the wall becomes the supporting
structure for the sign. Wall signs shall not be painted directly on
the surface of the building or structure wall.
[Ord. No. 1797-2017 § 1]
Shall mean ownership by one or more persons or entities whether
jointly, as tenants by the entirety, or as tenants in common, of a
separate parcel of real property not adjacent to land in the same
ownership.
See Dwelling.
Shall mean a portion of a building included between the surface
of any floor and the surface of the floor next above it or, if there
is no floor above it, the space between the floor and the ceiling
next above it. If there is no floor above it any portion of a building
or surface of any floor within a roofed area which is not a story
shall be considered a half story.
Shall mean a space under a sloping roof, which may have dormer
windows, and which has the line of intersection of the roof and exterior
wall face not more than three feet above the floor level, and in which
space the possible floor area with headroom of seven feet four inches
or more occupies no more than 1/3 of the total floor area of the story
directly beneath. This definition shall include all such spaces that
fall within these limitations.
Shall mean the Planning Board or Board of Adjustment or the
Governing Body of the Township of West Caldwell when acting pursuant
to this chapter.
Shall mean a building or portion of a building used for the
medical or surgical treatment of small animals or pets by a licensed
veterinarian, including such ancillary services and/or products such
as boarding of animals under treatment or recovery from treatment,
prescriptions, pet food, medications, supplements, medicated products
and the like.
[Added 7-9-2019 by Ord. No. 1820-2019]
FRONT YARDmean an open unoccupied space, unless occupied by a structure or use hereinafter specifically permitted, extending across the full width of the lot between the front property line and the front yard limit line.
REAR YARDmean an open unoccupied space, unless occupied by a structure or use hereinafter specifically permitted, extending across the full width of the lot between the rear property line and the rear yard limit line.
SIDE YARDmean an open unoccupied space, unless occupied by a structure or use hereinafter specifically permitted, between the side property line and the side yard limit line, extending from the front yard to the rear yard.
Shall mean a line, fully coincident with the exterior surfaces
of the foundation walls on one side of a principal building or structure
and otherwise extended parallel to the facing property line, across
the extent of the lot.
[1]
Editor's Note: Ordinance No. 1522 which added this definition
was adopted January 20, 2004.
[Ord. No. 1272; Ord. No. 1463 § 2]
A Planning Board is hereby established pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-23), and the position of Attorney for
the Planning Board is hereby created pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-24).
[Ord. No. 1272]
The Planning Board shall consist of seven regular members.
[Ord. No. 1272]
The Mayor may appoint to the Planning Board not more than two
alternate members pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-23.1).
[Ord. No. 1272]
The term of appointment of any class of member of the Planning
Board appointed pursuant to this section shall commence on January
1.
[Ord. No. 1272]
The Planning Board shall follow the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-25 and 40:55D-60) and shall accordingly
exercise its powers and duties established therein.
[Ord. No. 1272]
The Governing Body may require the reference of any matter or
class of matters to the Planning Board before final action thereon
by a Township body or Township officer having final authority thereon
except for any matter under the jurisdiction of the Board of Adjustment.
Whenever the Planning Board shall have made a recommendation regarding
a matter authorized by this subsection to another Township body, such
recommendation may be rejected only by a majority of the full authorized
membership of such other body.
[Ord. No. 1272; Ord. No. 1463 § 3]
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-10.1), at the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Pursuant to Subsection 18A-8.8, any fees paid for such informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
[Ord. No. 1463 § 4]
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-23), the Mayor may appoint a designee to sit in place of, and act on behalf of, the Mayor in his or her absence, and such designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. Such appointment, or termination thereof, shall be made in writing by the Mayor and filed with the Township Clerk and Planning Board, and such designee shall be subject to such procedural regulations as may, from time to time, be established by the Planning Board pursuant to Subsection 18A-8.1.
[Ord. No. 1272; Ord. No. 1463 § 5]
A Zoning Board of Adjustment, also known as the Board of Adjustment,
is hereby established pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-69), and the position of Attorney for the Board of Adjustment
is hereby created pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-71).
[Ord. No. 1272]
The Zoning Board of Adjustment shall consist of seven regular
members.
[Ord. No. 1272]
The Mayor may appoint to the Zoning Board of Adjustment not
more than two alternate members pursuant to the Municipal Land Use
Law (N.J.S.A. 40:55D-69).
[Ord. No. 1272]
The Zoning Board of Adjustment shall follow the provisions of
the Municipal Land Use Law (N.J.S.A. 40:55D-70 and 40:55D-76) and
shall accordingly exercise its powers and duties established therein.
[Ord. No. 1272]
a.
Any interested party may appeal to the Governing Body any final decision
of the Zoning Board of Adjustment approving an application for development
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70d). Such
appeal shall conform with the provisions of the Municipal Land Use
Law (N.J.S.A. 40:55D-17).
b.
A brief notice of the decision of the Governing Body shall be published in the official newspaper of the Township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange such publication if he so desires. The applicant shall pay a fee, as established in Subsection 18A-8.8, for publication of said notice, unless applicant submits proof acceptable to the Township Clerk within 10 days of the decision that he has provided for the required publication.
[Ord. No. 1272]
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70.1),
the Zoning Board of Adjustment shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report of its findings on zoning ordinance
provisions which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The Zoning Board
of Adjustment shall send copies of the report and resolution to the
Governing Body and Planning Board.
[Ord. No. 1272]
The Planning Board and Zoning Board of Adjustment shall adopt, and may amend, reasonable rules and regulations, not inconsistent with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and shall charge a fee, as established by Subsection 18A-8.8, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Administrative Officer.
[Ord. No. 1272]
a.
Every Township agency shall by its rules fix the time and place for
holding its regular meetings for business authorized to be conducted
by such agency. All meetings shall be scheduled and conducted pursuant
to the Municipal Land Use Law (N.J.S.A. 40:55D-9).
b.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Township agency and of the persons appearing by attorney, the action taken by the Township agency, the findings, if any, made by it and reasons therefor. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a fee, as established by Subsection 18A-8.8 or elsewhere in the Revised General Ordinances of the Township of West Caldwell, for reproduction of the minutes for his use.
[Ord. No. 1272]
Pursuant to the provisions of the Municipal Land Use Law (N.J.S.A.
40:55D-39 and 40:55D-65), every application for development submitted
to the Planning Board or 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 said
property, any approvals or other relief granted by a Township agency
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 shall be adequately protected.
[Ord. No. 1272; Ord. No. 1418, § 3]
Notice pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-12)
shall be given by the applicant, except as otherwise provided herein,
at least 10 days prior to the date of the hearing.
a.
In addition to the mandatory notice provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-12), public notice of a hearing shall be given for appeals of determinations of administrative officers pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70a); for requests for interpretation pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70b); and for those classes of matters for which the Township agency may require that public notice be given pursuant to the provisions of Subsection 18A-8.1. Public notice shall be given by the applicant by publication in the official newspaper of the Township, unless a particular Township officer is so designated pursuant to Subsection 18A-8.1 in which case the applicant shall pay a fee as designated by Subsection 18A-8.8 for publication of said notice.
b.
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-12b and 40:55D-12c). The applicant shall be charged a fee, as established by Subsection 18A-8.8, for such list.
[Ord. No. 1272]
a.
Every public utility, cable television company and local utility
interested in receiving notice pursuant to the Municipal Land Use
Law (N.J.S.A. 40:55D-12h), and having a right-of-way or easement within
the Township, may register with the Township pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-12.1).
[Ord. No. 1272; Ord. No. 1418 § 4; Ord. No. 1489 § 1; Ord.
No. 1580 § II; Ord. No.
1678]
a.
Components of Technical Review Fee. Each applicant shall pay to the
Township of West Caldwell a technical review fee in connection with
each application for development, each application for amendment to
or extension of any development approval, any request for a zone change
or recommendation of a zone change, any request for amendment of the
Master Plan, any request for concept review of a development proposal,
and/or any other matter. The technical review fee shall be equal to
the sum of the following two components:
1.
The dollar amount of all charges by outside professionals (as defined
herein) for professional services rendered to the Township and/or
the reviewing board in connection with the application, plus all actual
out-of-pocket disbursements incurred in regard to such services. All
charges for services by each outside professional shall be billed
at the same rate as all other work of the same nature performed by
such professional for the Township when fees are not reimbursed or
otherwise imposed on an applicant. Charges for professional services
of outside professionals retained by the board shall be based upon
a schedule of fees established by resolution, of the Township Governing
Body. Such schedules shall be subject to revision from time to time
in the discretion of the Township Governing Body.
2.
The dollar amount of the hourly base salary of each in-house professional
(as defined herein) who has rendered professional services to the
Township and/or the reviewing board in connection with the application,
multiplied by: (1) the total number of hours of professional services
spent by each in-house professional in connection with the application;
and (2) 200% as provided under N.J.S.A. 40:55D-53.2a. The hourly base
salary of each in-house professional shall be established by ordinance
annually.
b.
IN-HOUSE PROFESSIONAL
OUTSIDE PROFESSIONALS
PROFESSIONAL SERVICES
REVIEWING BOARD
Definitions. As used in this subsection, the following terms have
the meanings indicated:
Shall mean engineers, planners, attorneys and other professionals,
including, but not limited to the Township Zoning Officer, Construction
Official, other municipal Code Enforcement Officials and Application
Referral Agencies (i.e., Police, Fire Prevention, Health, Environmental
Commission, Zoning Review Official, Landscape Advisors) whose salary,
staff and overhead are provided by the Township of West Caldwell.
Shall mean engineers, planners, attorneys and other professionals
whose salary, staff support and overhead are not provided by the Township
of West Caldwell. "Outside professionals" shall include, without limitation,
consultants and other professionals who are not normally utilized
by the Township or the reviewing board or who are required when an
application presents issues which are beyond the scope of the expertise
or customary duties of the professionals who normally serve the reviewing
board of the Township.
Shall mean time spent by a professional engineer, professional
planner, attorney, traffic expert or other professional in connection
with review of an application and/or review and preparation of documents
in regard to such application. In appropriate cases, such services
shall include, without limitation, review of plans, reports, relevant
ordinance provisions, statutory law, case law and prior approvals
for the same parcel; site inspections; and preparation of resolutions,
developer's agreements and other documents.
Shall mean the West Caldwell Planning Board or West Caldwell
Board of Adjustment.
c.
Limitations on Scope of Charges for Professional Services.
1.
All charges for professional services shall be reasonable and necessary
given the status and progress of the application. Such charges shall
be made only in connection with:
2.
A professional shall not review items which are subject to approval
by a state governmental agency and which are not under municipal jurisdiction,
except to the extent that consultation with a state agency is necessary
due to the effect of a state approval on the applicant's application.
3.
If the Township or the reviewing board shall retain a different professional
in place of the professional originally responsible for review of
an application, the Township or the reviewing board, as the case may
be, shall be responsible for all time and expenses of the new professional
to become familiar with the application. Neither the Township nor
the reviewing board shall charge the applicant or the applicant's
technical review fee deposit for such services.
4.
Neither the Township nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for overhead expense, meeting room charges or other municipal costs and expenses, except as provided for in Subsection 18A-8.8, nor shall any professional add any such charges to his or her bill.
d.
Payment of Technical Review Fee Deposits.
1.
Prior to determination of application completeness, each applicant
shall deposit the following initial technical review deposit for the
professional review of an application for development pursuant to
N.J.S.A. 40:55D-53.2(a). In no event, however, shall such an initial
deposit exceed $10,000. The Administrative Officer may waive the initial
deposit for a minor site plan on the recommendation of the Board.
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Subdivision
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Site Plan
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|---|---|---|---|---|---|---|
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Minor (<3 lots)
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Major
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Minor
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Major
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Prelim
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Final
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Prelim
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Final
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Initial Deposit
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$1,500
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$2,000
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$2,000
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$500
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$2,500 for the first 1,000 square feet of lot area and $50 per
100 square feet of bldg. floor area
|
$2,500 for the first 1,000 square feet of lot area and $50 per
100 square feet of bldg. floor area
|
|
Plus Additional Escrow
|
—
|
$150 for each additional lot in excess of 3 lots
|
$150 for each additional lot in excess of 3 lots
|
—
|
$150 per 1,000 square feet of lot area in excess of the initial
1,000 square feet of building floor area in excess of the initial
30,000 square feet
|
$150 per 1,000 square feet of lot area in excess of the initial
1,000 square feet and $25 per 100 square feet of building floor area
in excess of initial 30,000 square feet
|
|
Zoning Bd. of Adj.
|
ZBA not involving Variance (pursuant to N.J.S.A. 40:55D-70(a)
or (b) or N.J.S.A. 40:55D-68)
|
ZBA Residential w/One Variance (pursuant to N.J.S.A. 40:55D-70(c))
|
ZBA w/Use Variance
| |||
|
$500
|
$150 for 1 variance and $50 for each additional variance
|
$1,500
| ||||
2.
If at any time the technical review deposit balance falls below $1,000 or is insufficient to enable the Township or the reviewing board to perform required application reviews, the secretary of the respective board, or his/her designee, or the Township's Chief Financial Officer shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance and the amount of additional funds required, in the judgment of the secretary of the respective board, or his/her designee, or the Chief Financial Officer, to cure the insufficiency. Pursuant to Subsection 18A-8.5, the Township reviewing board and all professionals may stop all application review and/or have the right to dismiss the application for development without prejudice until the required additional funds are deposited. In order for work to continue on the application, the applicant shall, within a reasonable time period post additional funds to the escrow account in an amount to be agreed upon by the secretary of the respective board, or his/her designee, or the Township (acting through its Chief Financial Officer) and the applicant.
3.
The determination of insufficiency shall be made by the secretary
of the respective board, or his/her designee, or the Chief Financial
Officer in his or her reasonable discretion. Furthermore, as used
herein, a "reasonable time period" for the posting of additional funds
to the escrow account shall be not longer than 15 days after the date
of the secretary of the respective board, or his/her designee, or
the Chief Financial Officer's insufficiency notice. The applicant
shall be deemed to agree to the terms of the insufficiency notice
unless, within 15 days after the date of such notice, the applicant
shall deliver to the secretary of the respective board, or his/her
designee, or the Chief Financial Officer a written notice of objection.
4.
If the applicant timely files such an objection, the applicant shall
have the right to pay the amount requested under protest and the right
to challenge same in the Superior Court, Law Division, in an action
in lieu of prerogative writs filed within 45 days after the applicant's
receipt of the secretary of the respective board, or his/her designee,
or the Chief Financial Officer's final accounting with respect to
the applicant's technical review fee deposit.
5.
The reviewing board shall take no formal action and the application shall be deemed incomplete pursuant to Subsection 18A-9.2 unless all application fees (pursuant to Subsection 18A-8.8) and technical review fee deposits (per this subsection) have been paid. If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Township, the reviewing board and all professionals shall have the right to cease all further work on the application immediately, and the reviewing board shall have the right to dismiss without prejudice any pending application, because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy or other approvals or authorizations be issued to an applicant when there are any deficiencies in the applicant's technical review fee deposit.
e.
Custody of Deposits; Procedure for Payments Against Deposits; Submission
of Vouchers; Monthly Statements.
1.
All technical review fee deposits shall be placed into an escrow
account, which account shall be maintained by the Chief Financial
Officer of the Township of West Caldwell. The Chief Financial Officer
shall make all payments from the escrow account.
2.
All payments charged to an applicant's technical review fee deposit
shall be pursuant to vouchers from the professionals performing professional
services in connection with the application. All vouchers shall identify
the professional performing the services, the dates when services
were performed, the hours spent to 1/4 hour increments, the hourly
rate and the expenses incurred.
3.
All outside professionals shall submit vouchers to the secretary
of the respective board, or his/her designee, or the Chief Financial
Officer on a monthly basis. A copy of the voucher shall be sent to
the applicant simultaneously. All in-house professionals shall submit
to the secretary of the respective board, or his/her designee, or
the Chief Financial Officer on a monthly basis a statement containing
the same information as the voucher of an outside professional. A
copy of the statement shall be sent to the applicant simultaneously.
4.
The Chief Financial Officer shall prepare, and send to the applicant
on a monthly basis a statement providing an accounting of the applicant's
technical review fee deposits. The accounting shall include all deposits
made, interest earned, disbursements made and cumulative deposit balance.
Notwithstanding the foregoing, if monthly charges to an applicant's
deposits are $1,000 or less, such statement may be provided by the
Chief Financial Officer on a quarterly basis.
f.
Deposits with the Township; Escrow Accounts; Interest.
1.
The technical review fee shall be deposited by an applicant with
the Township, and such money until repaid or applied for the purpose
for which it was deposited, including the applicant's portion of any
interest earned thereon, shall continue to be the property of the
applicant and shall be held in trust by the Township, except as otherwise
provided for in this subsection.
2.
Whenever the technical review fee deposit is in excess of $5,000,
the Township shall deposit such money in a banking institution or
savings and loan association located in the State of New Jersey and
insured by an agency of the federal government or in any other funding
or depository approved for such deposits by the State of New Jersey.
Such moneys shall be maintained in an account bearing interest at
the minimum rate currently paid by such institution or depository
on time or savings deposits. Lesser technical review fee deposits
may be deposited into interest-bearing accounts at the discretion
of the Chief Financial Officer.
3.
The Township shall notify the applicant in writing of the name and
address of the institution or depository in which such deposit is
made and the amount of the deposit. The Township shall not be required
to refund an amount of interest paid on a deposit which does not exceed
$100 for the year. If the applicant's cumulative technical review
fee deposit exceeds $5,000, and the amount of interest exceeds $100
for any year, then that entire amount shall belong to the applicant
and shall be refunded to the applicant by the Township annually, or
at the time the deposit is repaid or applied to the purposes for which
it was deposited, as the case may be. Notwithstanding anything to
the contrary above, the Township may retain for administrative expenses
a sum equal to 33 1/3% of the annual interest earned by such
deposit. The amount so retained shall be in lieu of all other administrative
and custodial expenses charged by the Township in connection with
the deposit.
g.
Final Accounting; Return of Unused Balance of Deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of the same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill (or statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon less the amount retained for administrative expenses under Subsection 18A-8.6f,3.
[Ord. No. 1272]
a.
The Township agency shall hold a hearing on each application for
development, or adoption, revision or amendment of the master plan,
except as otherwise provided in this chapter.
b.
The Township agency shall make the rules governing such hearings, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-8 and 40:55D-10). An application for development, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-3), shall be submitted only by an applicant, pursuant to the same. An applicant's standing at any hearing may be delegated to another party if and as so provided pursuant to Subsection 18A-8.1.
c.
The Township agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Township agency shall, at its option, furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party. Such interested party shall be charged a fee, as established by Subsection 18A-8.8, for such transcript or recording. Said transcript shall be certified in writing by the transcriber to be accurate.
d.
A copy of the decision shall be mailed by the Township agency within 10 days of the date of decision to the applicant or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a fee, as established by Subsection 18A-8.8 or elsewhere in the Revised General Ordinances of the Township of West Caldwell. A copy of the decision shall also be filed by the Township agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a fee, as established by Subsection 18A-8.8 or elsewhere in the Revised General Ordinances of the Township of West Caldwell, and available for public inspection at his office during reasonable hours.
e.
A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Administrative Officer, provided that the applicant may arrange such publication if he so desires. The applicant shall pay a fee, as established in Subsection 18A-8.8, for publication of said notice, unless applicant submits proof acceptable to the Administrative Officer within 10 days of the decision that he has provided for the required publication.
[Ord. No. 1272; Ord. No. 1418 § 5; Ord. No. 1463 § 6; Ord.
No. 1487 § 4; Ord. No.
1580 § III]
The developer shall, at the time of filing an application for development, pay the following nonrefundable fee or fees to the Township of West Caldwell, except as such fees, in specific instances, may be reduced or waived by the applicable Township agency pursuant to Subsection 18A-8.1. Applications involving a combination of elements (e.g. subdivision and site plan and/or variances) shall pay a fee equal to the sum of the fees for each element. In addition, other specific fees shall be paid at the time the particular service is provided. Notwithstanding the foregoing, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. § 501 (c) or (d)) shall be exempt from the payment of any application fee and may be exempt from the payment of any other fee under this chapter pursuant to Subsection 18A-8.1. Further, a Board of Education shall be exempt from the payment of any fee under this chapter.
|
a.
|
Minor subdivisions
|
$300
| |||
|
b.
|
Major subdivisions:
| ||||
|
1.
|
Sketch plat
|
$350
| |||
|
2.
|
Preliminary plat
|
$550 plus $150 per lot
| |||
|
3.
|
Final plat
|
$600
| |||
|
c.
|
Minor site plans:
| ||||
|
1.
|
Unamended plan
|
$250
| |||
|
2.
|
Amended plan
|
$200
| |||
|
d.
|
Site plans:
| ||||
|
1.
|
Residential development:
| ||||
|
(a)
|
Preliminary site plan
|
$600 plus $150 per dwelling unit
| |||
|
(b)
|
Final site plan
|
50% of preliminary site plan fee
| |||
|
(c)
|
Preliminary and final site plan combined
|
125% of preliminary site plan fee
| |||
|
2.
|
All others:
| ||||
|
(a)
|
Preliminary site plan
|
$500 plus, when applicable, $0.05 for each square foot of floor
area of new construction.
| |||
|
(b)
|
Final site plan (when separate)
|
50% of preliminary site plan fee.
| |||
|
(c)
|
Preliminary and final site plan combined
|
125% of preliminary site plan fee.
| |||
|
e.
|
Variances/appeals, per application, pursuant to:
|
One single-family residential lot
|
All others
| ||
|
1.
|
N.J.S.A. 40:55D-70a
|
$150
|
$250
| ||
|
2.
|
N.J.S.A. 40:55D-70b
|
$150
|
$250
| ||
|
3.
|
N.J.S.A. 40:55D-70c
|
$250
|
$350
| ||
|
3a.
|
Each additional N.J.S.A. 40:55D-70c
|
$50
|
$75
| ||
|
4.
|
N.J.S.A. 40:55D-70d
|
$350
|
$550
| ||
|
5.
|
N.J.S.A. 40:55D-17
|
$150
|
$350
| ||
|
6.
|
N.J.S.A. 40:55D-34
|
$150
|
$350
| ||
|
7.
|
N.J.S.A. 40:55D-36
|
$150
|
$350
| ||
|
8.
|
N.J.S.A. 40:55D-68
|
$350
|
$500
| ||
|
f.
|
Conditional uses:
| ||||
|
1.
|
Residential professional offices pursuant to Chapter 20 (Site plan fees shall be waived)
|
$250
| |||
|
2.
|
All others
|
$300
| |||
|
g.
|
Reproduction of records:
| ||||
|
1.
|
Duplication of recordings:
| ||||
|
Per CD
|
$10
| ||||
|
Per tape
|
$10
| ||||
|
2.
|
Notice list of property owners
|
$20
| |||
|
h.
|
Grading permit
|
$350 per acre or fraction thereof.
| |||
|
i.
|
Development permit for construction in a special flood hazard area pursuant to Chapter 21
|
$450
| |||
|
j.
|
Publication by Township agency in official newspaper, when applicable:
| ||||
|
1.
|
Publication of hearing notice or re-notice
|
$30
| |||
|
2.
|
Publication of decision
|
$30
| |||
|
k.
|
Copies of Revised General Ordinances:
| ||||
|
1.
|
Chapter 18A
|
$20
| |||
|
2.
|
Chapter 19
|
$15
| |||
|
3.
|
Chapter 20
|
$40
| |||
|
4.
|
Chapter 21
|
$20
| |||
|
5.
|
Items (1) through (4) and Zoning Map combined
|
$50
| |||
|
l.
|
Zoning Map
|
$10
| |||
|
m.
|
Township agency rules/regulations
|
$10
| |||
|
n.
|
Master plan elements
|
$65
| |||
|
o.
|
Registration fee for notice to public utility, cable television
company or local utility
|
$20
| |||
|
p.
|
Zoning permit
|
$75
| |||
|
q.
|
Certificate of nonconformance
|
$50
| |||
|
r.
|
Special meeting at applicant's request
|
$550
| |||
|
s.
|
Informal review
|
$100 shall be a credit toward a development application if filed
| |||
|
t.
|
Informal review of second or subsequent concept plan pursuant
to N.J.S.A. 40:55D-10.1
|
An amount equivalent to applicable application fees or $300,
whichever is less
| |||
|
u.
|
Cancellation or postponement of scheduled hearing at applicant's
request less than 3 working days prior to hearing scheduled pursuant
to public notice
|
$300
| |||
[Ord. No. 1678]
a.
Pursuant to N.J.S.A. 405D-53(3)(h), each applicant shall reimburse
the Township for all reasonable inspection fees. Accordingly, each
applicant shall be required to make an initial deposit in the amount
of the greater of $500 or 5% of the cost of development to cover the
costs of the Township's inspection fees incurred in connection with
an application for development. Said cost estimate is to be calculated
by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4.
b.
Application shall be required to maintain a minimum inspection fee balance of $500. If at any time the inspection fee deposit balance falls below $500 or is insufficient to enable the Township Engineer to carry out the necessary inspections, the secretary of the respective board, or his/her designee, or the Township's Chief Financial Officer shall notify the applicant of both the insufficient deposit balance and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. Pursuant to Subsections 18A-8.5, the Township, respective reviewing board and all professionals shall cease inspections and a stop work order shall be issued by the Township Engineer or Construction Official, as the case may be. The Township or respective reviewing board shall have the right to dismiss the application for development without prejudice until the required additional funds are deposited. In order for work to continue on the application, the applicant shall, within a reasonable time period post additional funds in an amount to be agreed upon by the secretary of the respective board or his/her designee, or the Township (acting through its Chief Financial Officer) and the applicant.
[Ord. No. 1678]
a.
Pursuant to N.J.S.A. 40:55D-53, each developer shall post guarantee
in order to ensure the installation and maintenance of on-tract improvements,
as defined by N.J.S.A. 40:55D-5.
b.
The amount required as performance guarantee to cover the cost of
completion of all on-tract improvements shall not exceed 120% of the
total cost of the installation of the improvements, which shall be
calculated by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4.
Additionally, the Township shall not require more than 10% of same
to be in cash.
c.
If the on-tract improvements are not completed or corrected as provided
in the performance guarantee, the developer shall be liable for the
reasonable cost of the improvements not completed or corrected.
d.
In accordance with N.J.S.A. 40:55D-53, upon approval by the Governing
Body of completed improvements, the developer is entitled to a reduction
of performance guarantee, such reduction made pursuant to the itemized
cost estimate prepared by the Township Engineer, and a release of
liability related to the approved improvements. Until final approval,
however, the Township shall retain 30% of the performance guarantee
to ensure completion of all improvements.
e.
For a period of two years after final approval, the developer shall
also post a maintenance guarantee. The amount required as a maintenance
guarantee shall not exceed 15% the cost of the improvement, which
shall be calculated by the Township Engineer in accordance with N.J.S.A.
40:55D-53.4. Additionally, the Township shall not require same to
be in cash.
[Ord. No. 1678]
As a condition on all site plans and subdivision approvals,
unless the Township agency having jurisdiction over the application
determines otherwise, the developer shall enter into a Developer's
Agreement with the Township. Such agreement shall provide for the
type and amount of performance and maintenance guarantee required,
the amount of inspection fee deposit, a preconstruction conference,
a timeline for the phasing of development, traffic control, a summary
of improvements to be installed by the developer and the itemized
cost estimate for same and, in accordance with N.J.S.A. 40:55D-42,
any off-tract improvements which shall be constructed by the developer
and the calculation of the developer's fair share of costs as well
as any other such matters as the Township agency shall determine to
be necessary to protect public health, welfare and safety.
[Ord. No. 1418 § 6; Ord. No. 1678]
Any variance or exception granted by a Township agency pursuant
to this chapter shall automatically expire without further action
by the agency as set forth herein, unless otherwise specified by the
agency at the time approval is granted or extended.
a.
Any variance permitting the construction or alteration of any structure(s)
or permitting a specified use of any premises, shall expire by limitation
unless such construction, alteration or use shall have been actually
commenced within two years from the date of approval by the Township
agency, provided, however, that:
1.
Construction or alteration of any structure(s) permitted by variance,
once commenced, shall be continuously pursued to completion.
2.
The running of the period of limitation herein provided shall be
tolled from the date of filing an appeal from the decision of the
Township agency to the governing body or to a court of competent jurisdiction
until the termination in any manner of such appeal or proceeding.
3.
Any variance granted in conjunction with a site plan, subdivision
or conditional use application shall be valid for the same period
of time and shall run concurrently with the site plan, subdivision
or conditional use approval, which period of time shall be equal to
the applicable period of statutory protection against changes in zoning
regulations, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-49,
40:55D-52 et al).
4.
The Township agency may, upon written request by the developer prior
to expiration of the approval and upon good cause shown, extend the
expiration date specified herein. In such event, the agency shall
hold a public hearing on such request, with public notice to be served
the same as in the original application for relief.
b.
Any exception granted by a Township agency pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-51) shall be subject to the expiration
provisions of this subsection.
[Ord. No. 1272; Ord. No. 1463 § 7]
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-37),
approval of subdivision plats by resolution of the Planning Board
shall be required as a condition for the filing of such plats with
the County Recording Officer and approval of site plans by resolution
of the Planning Board, or waiver thereof, shall be required as a condition
for the issuance of a permit for any development, pursuant to the
Municipal Land Use Law (N.J.S.A. 40:55D-4), except that subdivision
or individual lot applications for detached one or two dwelling-unit
buildings shall be exempt from such site plan review and approval;
provided that the resolution of the Board of Adjustment shall substitute
for that of the Planning Board whenever the Board of Adjustment has
jurisdiction over a sub-division or site plan pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-76b).
[Ord. No. 1272; Ord. No. 1580 § IV-IX; Ord. No.
1745 § 2; Ord. No. 1797-2017 § 2]
a.
The applicant shall submit a complete application for development to the Administrative Officer pursuant to this subsection, Subsection 18A-8.1 and the Municipal Land Use Law (N.J.S.A. 40:55D-10.3). Said application shall conform with the provisions of the "Application Checklist, Land Use Procedures Ordinance of the Township of West Caldwell" (hereinafter called the "Checklist") which is hereby adopted and is attached hereto and incorporated herein.[1]
[1]
Editor's Note: The checklists referred to herein can be found
at the end of this chapter.
b.
On applications for preliminary site plan approval or preliminary major subdivision approval, the developer shall submit to the Administrative Officer a site plan or subdivision plat, as applicable, and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met. Minor subdivisions pursuant to Subsection 18A-9.4 shall not be subject to the provisions of this subsection. The site plan or subdivision plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.
c.
Any application for development classified as a minor site plan application
or minor subdivision application shall, where applicable, include
the following:
1.
Submission of 20 copies of complete application form and all plans/plats;
all other Checklist documents, data and certifications; listing of
all items included in application.
2.
Property identification: address/location; block number(s); lot number(s);
tax sheet number(s); zone district(s); proposed lot area(s); existing
lot area(s).
3.
Identification of representation: property owner; owner's agent;
applicant's attorney; name of plans/plats preparer(s) , title/profession,
business name, address, telephone, New Jersey License number/seal.
4.
Statement of purpose of application: nature; extent; variances sought;
exceptions sought; waivers sought; site and/or use nonconformities,
proposed and existing.
5.
Use of property: proposed and existing; nature; extent/intensity;
maximum employees per shift; operating days/hours; maximum anticipated
customers/visitors; parking requirements; outdoor storage; loading/unloading;
inbound/outbound deliveries; overnight vehicle storage; security.
6.
Identification of adjoining properties in which owner or applicant
holds a direct or indirect proprietary interest.
7.
Property owner's written authorization of application.
9.
10% ownership disclosure statement pursuant to the Municipal Land
Use Law
[N.J.S.A. 40:55D-48.1 et seq.].
11.
Plans/maps/documents filed at least 10 days prior to hearing date.
12.
Hearing notice: affidavit of service; true copy of notice served/published;
list of names/addresses served; return receipts.
13.
Property survey/deed: certified by New Jersey Licensed Land Surveyor;
location and description of monuments, proposed and existing.
14.
Property lines: proposed and existing; distances; bearings; entire
tract shown; limits of construction lines; radii; arcs; and central
angles of all curves.
15.
Properties within 200 feet: owner's names; street addresses; block
numbers; lot numbers; zone districts.
16.
Tabular schedule of: proposed vs. existing vs. required height, area, bulk and other applicable requirements pursuant to Chapter 20 of the Revised General Ordinances of the Township of West Caldwell.
17.
Building/structure setbacks: proposed, existing and required; location
and setbacks of buildings/structures on adjoining properties if such
buildings/structures are within 25 feet of subject property.
18.
Building and lot coverage as defined under § 18A-5: proposed and existing; square feet and percentage of total site of (a) principal and accessory buildings; (b) other structures; (c) parking and loading areas; and (d) lawn and landscaping areas.
[Ord. No. 1797-2017 § 2]
19.
Significant property features: proposed and existing; location, size,
profile, on-site and within 200 feet of site of (a) ponds, streams,
swales, culverts; (b) other watercourses; (c) wooded areas; (d) rock
formations; (e) flood hazard areas; (f) wetlands; and (g) other.
20.
Streets: proposed and existing; on-site, abutting site and within
200 feet of site; (a) locations, names, widths, status of improvements,
grades, curves; (b) distances to driveways and intersections within
200 feet of site.
21.
Encumbrances, location, size nature: proposed and existing; rights-of-way;
easements; deed restrictions; protective covenants; dedicated lands;
reservations; other.
22.
Listing of chemicals, combustibles and other hazardous substances:
classifications; quantities; handling procedures; storage facilities;
disposal/treatment of industrial wastes.
23.
Certification of conformance with performance standards pursuant to Chapter 20 of the Revised General Ordinances of the Township of West Caldwell.
24.
Flood hazard areas: applicability; extent of property within same; submission of "Application for a Development Permit in Special Flood Hazard Area"; written certification of conformance with the standards of Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
25.
Submission to Essex County Planning Board if required pursuant to
N.J.S.A. 40:27-6.3 or 40:27-6.6.
26.
Complete cost estimates for all performance and maintenance guarantees pursuant to Subsection 18A-9.8.
27.
Complete authorization to inspect property.
28.
Recycling plan in accordance with Subsection 17-7.6.a. if applicable.
29.
Other materials, as determined by the administrative officer, that
are reasonably necessary to decide the application.
d.
Any application for development classified as a major site plan,
a major subdivision, or a use variance pursuant to N.J.S.A. 40:55D-70(d)
shall, where applicable, include the following:
2.
Plan/plat identification: title blocks; drawing dates; revision dates;
listing of revisions.
3.
Appropriate place for approval stamps and signatures.
4.
Graphic scales: site plans not smaller than one inch equals 50 feet;
subdivision plats not smaller than one inch equals 100 feet.
5.
Area map: showing all properties, zone districts and streets within
500 feet; scale not smaller than one inch equals 800 feet.
6.
Reference meridian: true north arrow; job north arrow.
7.
Buildings/structures: proposed and existing; principal and accessory;
outside dimensions; heights and stories; setbacks from property lines;
distances between structures; floor plans/dimensions; floor areas;
sprinkler systems; roof drainage systems; structures to be removed;
building grade elevations at corners, entrances, first floor and basement.
8.
Elevation drawings: design; construction; materials; colors; exterior
walls; roofs; glass; appurtenances; certified by New Jersey Licensed
Architect.
9.
Topography: proposed and existing; contours not greater than two
foot intervals; U.S.G.S. datum; on-site and 50 feet beyond site on
site plans and 200 feet beyond site on subdivision plats.
10.
Buffer areas pursuant to Chapter 20 of the Revised General Ordinances of the Township of West Caldwell: dimensions; planting schedules; wooded areas; fencing specifications.
11.
Parking areas: proposed and existing; tabular comparison vs. requirements of Chapter 20 of the Revised General Ordinances of the Township of West Caldwell; layouts; circulation patterns; dimensions; quantities; setbacks from property lines; setbacks from buildings/structures; screening; driveway profiles; surfacing specifications; sight distances: (a) pavement markings; (b) ingresses/egresses; (c) driveways; (d) aisles; (e) parking spaces; (f) loading areas; (g) striping details; (h) curbs; (i) curbcuts; (j) handicapped parking; (k) future parking expansion areas; (l) landscaping/plantings.
12.
Outdoor equipment/appurtenances: location; type; size; screening;
roof and ground mounted equipment; garbage and trash receptacles;
outdoor storage areas; other.
13.
Landscaping/planting areas: proposed and existing; trees over six
inch caliper measured three feet above ground; planting schedule;
botanical names; common names; calipers; planted heights; quantity;
spacing; trees to be removed; street trees.
14.
Exterior lighting: proposed and existing; specifications; quantity;
locations; type of construction; height above ground; manufacturer;
model designations; contours/direction of illumination; lumen power/intensity;
hours of operation; provisions for elimination of glare.
15.
Signage: separate application to Sign Committee of Planning Board; conformance with provisions of Chapter 20 of the Revised General Ordinances of the Township of West Caldwell.
16.
Construction details: proposed and existing; design data, specifications,
locations, profiles, quantity, type, size of: walkways; pedestrian
lanes; fences; fire apparatus lanes; guard rails; bridges; utilities;
piping; pipe slopes; inverts; catch basins; manholes; headwalls/wingwalls;
retaining walls; full curbing; depressed curbing; pavement; roadways;
embankments; earthen berms; detention basins; retention basins; mains;
water valves; hydrants; other.
17.
Certification of conformance with: plan/plat submission standards pursuant to Subsection 18A-9.3; Township master plan and zoning ordinance; conditional use standards pursuant to Chapter 20 of the Revised General Ordinances of the Township of West Caldwell; Map Filing Act (C. 46:23-9.9 et seq.); Township engineering standards pursuant to Subsection 18A-9.3; Airport Hazard Area Standards (C. 6:1-80 et seq.).
18.
Slope stabilization design criteria and calculations; certified by
New Jersey Licensed Professional Engineer.
19.
Extent of off-tract improvements necessitated by proposed development.
20.
Environmental impact statement; certified by New Jersey Licensed
Professional Engineer.
21.
Stream encroachments (including wetlands Letter of Interpretation
approval from Department of Environmental Protection, if applicable).
22.
Traffic/circulation study: on-site and off-site; proposed and existing;
impact analysis; sight easements required.
23.
Potable water usage analysis and calculations; certified by New Jersey
Licensed Professional Engineer.
24.
Storm water drainage: proposed and existing; on-site and within 200
feet of site; design criteria; calculations; specifications; locations;
sizes; grades; directions of flow; documentation that rate-of-runoff
after development will not exceed the same prior to development; certified
by New Jersey Licensed Professional Engineer.
25.
Sanitary sewer facilities: proposed and existing; on-site and within
200 feet of site; design criteria; calculations; specifications; locations;
sizes; grades; directions of flow; effluent treatment/testing; submission
to Waste-water Treatment Plant Authority; certified percolation tests
for individual sewerage disposal; certified by New Jersey Licensed
Professional Engineer.
26.
Soil erosion and sediment control plan: submission to Hudson-Essex-Passaic
Soil Conservation District.
27.
Variance justification if applicable.
e.
Any application for development classified as a request for variance(s)
pertaining to one single-family residential property pursuant to N.J.S.A.
40:55D-70(c) shall, where applicable, include the following:
1.
Submission of 15 copies of complete application form and all plans/plats;
all other Checklist documents, data and certifications; listing of
all items included in application.
2.
Property identification: address/location; block number(s); lot number(s);
tax sheet number(s); zone district(s); proposed lot area(s); existing
lot area(s).
3.
Identification of property owner; owner's agent; applicant's attorney;
and the name, title, profession, business name, address, telephone,
and New Jersey license number/seal of each plans/plats preparer.
4.
Statement of purpose of application; nature; extent; variances sought;
exceptions sought; waivers sought; site and/or use nonconformities,
proposed and existing.
5.
Identification of adjoining properties in which owner or applicant
holds a direct or indirect proprietary interest.
6.
Property owner's written authorization of application.
9.
Plans/maps/documents filed at least 10 days prior to hearing date.
10.
Property survey/deed: certified by New Jersey Licensed Property Land
Surveyor; location and description of monuments, proposed and existing.
11.
Property lines: proposed and existing; distances; bearings; entire
tract shown; limits of construction lines; radii; acres; and central
angles of all curves.
12.
Properties within 200 feet: owner's names; street addresses; block
numbers; lot numbers; zone districts.
13.
Tabular schedule of: proposed vs. existing vs. required height, area, bulk and other applicable requirements pursuant to Chapter 20 of the Revised General Ordinances of the Township of West Caldwell.
14.
Building structure/setbacks: proposed, existing and required; location
and setbacks of buildings/structures on adjoining properties if such
buildings/structures are within 25 feet of subject property.
15.
Significant property features: proposed and existing; location, size,
profile, on-site and within 200 feet of site of (a) ponds, streams,
swales, culverts; (b) other watercourses; (c) wooded areas; (d) rock
formations; (e) flood hazard areas; (f) wetlands; and (g) other.
16.
Streets: proposed and existing; location, size, profile, on-site
and within 200 feet of site; (a) locations, names, widths, status
of improvements, grades, curves; (b) distances to driveways and intersections
within 200 feet of site.
17.
Submission to Essex County Planning Board if required pursuant to
N.J.S.A. 40:27-6.3 or 40:27-6.6.
21.
Distances to neighboring homes, measured foundation to foundation,
with basic outline of neighboring homes.
22.
Complete Authorization to Inspect Property form.
23.
Exterior views of proposed development: elevations, renderings, or
drawings.
24.
Interior floor plans of proposed development.
25.
Pictures of house and property and surrounding properties.
26.
Copies of denial letter from Zoning Officer — two pages.
27.
Applicability of flood hazard area requirements (including wetlands
Letter of Interpretation, if applicable).
29.
Location of outdoor air conditioner units (condensers) (if any).
30.
Other materials, as determined by the administrative officer, that
are reasonably necessary to decide the application.
f.
Any application for development classified as an appeal pursuant
to N.J.S.A. 40:55D-70(a), shall, where applicable, include the following:
g.
Any application for development classified as a request for interpretation
pursuant to N.J.S.A. 40:55D-70(b), shall, where applicable, include
the following:
1.
The section of the zoning ordinance, specific location on the Zoning
Map, or special question(s) for which the interpretation is requested.
2.
The requested interpretation of the zoning ordinance or Zoning Map.
3.
Other materials, as determined by the Administrative Officer, that
are reasonably necessary to decide the application.
h.
Any application for development classified as a request for a certification
pursuant to N.J.S.A. 40:55D-68, shall where applicable, include the
following:
1.
Copy of the zoning ordinance that rendered the use or structure nonconforming.
2.
Outline of witness testimony to demonstrate that use or structure
was not abandoned, destroyed, or enlarged, and has continued after
being rendered nonconforming by law.
3.
Documentary evidence, as deemed necessary by the Administrative Officer,
to demonstrate that the use or structure was not abandoned, destroyed,
or enlarged after being rendered nonconforming by law.
4.
Other materials, as determined by the Administrative Officer, that
are reasonably necessary to decide the application.
[Ord. No. 1272]
All applications for development which require approval by the
Planning Board of subdivisions or site plans or both, pursuant to
this section, shall fully conform with all applicable provisions of
the Municipal Land Use Law (N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40
and 40:55D-41) and the following provisions:
b.
Conformance with regulations related to lands subject to flooding, pursuant to Chapter 21 of the Revised General Ordinances of the Township of West Caldwell, so as to avoid danger to life or property.
c.
Assurance that all provisions, terms, conditions, standards, performance standards and requirements of Chapters 20 and 21 of the Revised General Ordinances of the Township of West Caldwell, of the master plan and of the official map, if adopted, are met, fulfilled and implemented, including the consideration of the effect of the site plan on vehicular traffic and street congestion, fire hazards, panic and other danger, flood or hazards of flood, the overcrowding of land or buildings, undue concentration of population, property values and adequacy of light and air, as well as its effect upon the health, morals and general welfare of the Township. In addition, the Township agency shall ascertain that the site plan includes provisions assuring that the implementation of the site plan will be conducive to the orderly development of the site in question and of the general area in which it is located.
[Ord. No. 1272]
The Planning Board may waive notice and public hearing for an application for development, if the Planning Board finds that the application for development conforms to the definition of "minor subdivision", pursuant to § 18A-5. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this section.
[Ord. No. 1272]
The Planning Board may waive notice and public hearing for an application for development, if the Planning Board finds that the application for development conforms to the definition of "minor site plan", pursuant to § 18A-5. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this section.
[Ord. No. 1272]
a.
The Township agency shall require, as a condition for approval of
a subdivision or site plan, that the developer pay his pro-rata share
of the cost of providing, extending or modifying reasonable and necessary
street improvements and water, sewerage and drainage facilities, and
easements therefor, located outside the property limits of the subdivision
or development but necessitated or required by construction or improvements
within such subdivision or development. The developer shall either
install the improvements or contribute the pro-rata share of the costs,
at the option of the developer. The developer shall be compensated
by the Township for all but the pro-rata share of the cost of improvements
installed by the developer.
b.
Consistent with the provisions of this chapter, the Governing Body,
with the assistance of the Planning Board and other appropriate Township
departments, shall, prior to the imposition of any conditions on a
development application, determine whether the off-tract improvements
are to be constructed by the Township as a general improvement, as
a local improvement or whether such development is to be constructed
by the developer with a formula providing for partial reimbursement
if the improvement specially benefits properties other than those
of the developer.
c.
Once the foregoing determination has been made, the Governing Body
shall estimate, with the aid of the Township Engineer and such other
persons having pertinent information or expertise, the cost of the
improvement and the amount by which all properties to be serviced
thereby, including the developer's property, will be specially benefited
therefrom.
d.
Following the aforesaid determinations by the Governing Body, the
developer may be required to provide, as a condition for approval,
a bond or cash deposit to ensure payment to the Township of one of
the following amounts:
1.
If the improvement is to be constructed by the Township as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount by which all
properties to be serviced thereby, including the developer's property,
will be specially benefited by the improvement.
2.
If the improvement is to be constructed by the Township as a local
improvement, then, in addition to the amount due for general improvement,
the estimated amount by which the developer's property will be specially
benefited by the improvement.
3.
If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the improvement.
e.
The amounts of money required pursuant to this subsection shall be
estimated sums, and such amounts shall be redetermined by the Township
following the completion of the improvement to insure that the developer
shall pay only the pro-rata share of the cost.
f.
Where a developer pays the amount determined as his pro-rata share
under protest, he shall institute legal action within one year of
such payment in order to preserve the right to a judicial determination
as to fairness and reasonableness of such amount.
g.
The Township shall assess all properties, other than the property
of the developer specially benefitting from installation of any off-tract
improvements, based upon the actual cost thereof, pursuant to the
provisions of the Revised Statutes of New Jersey. However, principal
amounts received by the Township from such assessments, together with
interest from property owners who have elected to pay for said assessments
over a period of years, shall, in the case where the developer is
the installer of the off-tract improvements, be credited to the real
estate account of the applicant's property. In the case where there
has been an apportionment of cost against the Township for the required
off-tract improvements and the developer is the installer of the off-tract
improvements, then the Township shall pay its portion of cost to the
developer not more than three months after the completed installations
have been approved by the Township Engineer.
h.
In the event of any default in payment of an assessment levied by
the Township then the Township shall exercise its remedies elsewhere
provided; and, if thereafter the balance of principal and interest
due upon the subject assessment has not been fully satisfied by payment
to the Township and credit thereof given to the real estate account
of the developer's property, then the Township shall forthwith pay
said balance to the developer or the then successor in interest.
i.
In the event that the developer shall not be required to install
off-tract improvements by virtue of the provisions of this chapter,
then and in that event, there shall be paid to the Township Treasurer
the amount of the developer's share of the finally determined cost
of the off-tract improvements. All moneys received by the Township
in accordance with the provisions of this section shall be deposited
in an interest-bearing account, and such funds shall be used only
for the improvements for which deposited or improvements serving the
same purpose. If the improvements are not initiated within a period
of 15 years from the date of payment, or other mutually agreeable
period of time, all deposited funds shall be returned to the developer,
together with accumulated interest.
[Ord. No. 1272]
The Township agency shall grant final approval of the detailed
drawings, specifications and estimates if the application for final
approval conforms to the standards established by this chapter for
final approval, the conditions of preliminary approval, and, in the
case of a major subdivision, the standards prescribed by the "Map
Filing Law", P.L. 1960, c. 141.
[Ord. No. 1272]
Before recording of final subdivision plats or as a condition
of final site plan approval or as a condition to the issuance of a
zoning permit pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-65d),
the Township agency may require and shall accept the furnishing of
a performance guarantee and/or the posting of a maintenance guarantee
in accordance with the standards established by the Municipal Land
Use Law (N.J.S.A. 40:55D-53) for the purpose of assuring the installation
and maintenance of on-tract improvements.
[Ord. No. 1272]
There may hereby be adopted, pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-32), a document known as "The Official Map
of the Township of West Caldwell".
[Ord. No. 1272]
Prior to the hearing on the adoption of any official map or
any amendment thereto, the Governing Body shall refer the proposed
official map or amendment to the Planning Board, pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-32).
[Ord. No. 1272]
The official map shall be deemed conclusive with respect to
the location and width of streets and public drainage ways and the
location and extent of flood control basins and public areas, whether
or not such streets, ways, basins or areas are improved or unimproved
or are in actual physical existence.
[Ord. No. 1272]
The Governing Body shall enforce this chapter. In the event
that any building or structure is erected, constructed, altered, repaired,
converted or maintained in violation of this chapter, or any building,
structure or land is used in violation of this chapter, the Governing
Body and its agents or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of said building, structure or
land; or to prevent any illegal act, conduct, business or use in or
about such premises.
[Ord. No. 1272; Ord. No. 1418, § 7; Ord. No. 1463 § 8; Ord.
No. 1487 § 5; amended 4-18-2023 by Ord. No. 1869-2023]
a.
No building or structure shall be erected, constructed, reconstructed,
altered, repaired, converted, maintained or installed and no land
or structure shall be occupied or used in whole or in part for any
purpose whatsoever until a construction permit or certificate of occupancy
as provided by the Uniform Construction Code of the State of New Jersey
shall have been issued by the Construction Official or a zoning permit
shall have been issued by the Township Zoning Officer, whichever shall
be applicable. Notwithstanding the foregoing, after the initial issuance
of a certificate of occupancy for premises used for permitted residential
purposes, subsequent certificates shall not be required if there is
no change in the use or structure.
b.
The Construction Official shall issue a construction permit or a certificate of occupancy only upon approval by the Township agency pursuant to this chapter, and upon obtaining the advice of the Township Engineer, Zoning Officer, Health Officer, Building Subcode Official, Fire Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Elevator Subcode Official and Fire Prevention Official, as applicable, and he shall certify that all requirements have been satisfied; or, in the case of a temporary certificate of occupancy, shall set forth the unsatisfied requirements with a time limit for completion, together with all requirements of prior approvals of any Township agency. In addition, in the case of a temporary certificate of occupancy, the applicant shall be required to post a performance guarantee pursuant to § 18A-9 to insure completion by a specified date.
c.
Where an application for development does not require a construction permit or certificate of occupancy, pursuant to the Uniform Construction Code, the Zoning Officer shall review the application for development and, if such application conforms with the requirements for issuance of a zoning permit pursuant to Subsection 18A-9.1 and the Municipal Land Use Law (N.J.S.A. 40:55D-7), issue same upon payment of the required fee, pursuant to Subsection 18A-8.8. When such construction permit or certificate of occupancy is not required, zoning permits shall be required for, but shall not be limited to, occupancies, signs, banners, sheds, temporary uses and parking area and driveway reconfigurations. In the event an application for development does require a construction permit or certificate of occupancy, the issuance of such permit or certificate shall be deemed to include the issuance of a zoning permit.
d.
After the issuance of all final certificates of occupancy, certificates of approval or zoning permits, the Zoning Officer shall, on a regular and continuing basis, conduct independent investigations within the Township to determine the presence of any violations of the provisions of Chapters 19, 20 and 21 of the Revised General Ordinances of the Township of West Caldwell and this chapter, and process such violations as required by law. For the purposes of this section, all conditions or requirements imposed in any approval of an application for development shall be continuing. The Zoning Officer shall administer the enforcement of such conditions and requirements under the provisions of this section. The Zoning Officer shall provide written notification of any violation, including a specified time limit for compliance. If such violation is not corrected within the time limit specified, the Zoning Officer shall issue a summons answerable in Municipal Court.
e.
Issuance of permits for incongruous buildings, structures and uses shall be subject to the provisions of Subsection 20-21.5 of the Zoning Ordinance of the Township of West Caldwell.
f.
Zoning permits shall expire by limitation unless such construction
activity or use shall have been actually commenced within one year
from the date of approval. An applicant may request an extension for
up to one year. After such time the applicant shall be required to
apply for a new zoning permit.
[Added 4-18-2023 by Ord. No. 1869-2023]
[Ord. No. 1272]
Subsequent to the issuance of a construction permit or certificate
of occupancy, failure to comply with any of the conditions of approval
of an application for development established by a Township agency
shall be construed to be a violation of the provisions of this section
and shall be grounds for the revocation of any construction permit
or certificate of occupancy. A written notice of revocation from the
Construction Official, sent by certified mail, requiring compliance
with the conditions of approval within a period of time not less than
five days shall effectively revoke any construction permit or certificate
of occupancy, if compliance is not accomplished within the specified
time period.
[Ord. No. 1272; Ord. No. 1487 § 6]
Temporary permits may be issued by the Construction Official or Zoning Officer, as applicable pursuant to Subsection 18A-11.2, for a period not to exceed one year for uses not permitted in the applicable zone district and incidental to construction projects on the same premises, including such uses as storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale, for the exclusive purpose of sales of property located on that tract. The issuance of such permits shall be conditioned upon agreement by the owner to remove any temporary structure erected thereunder and to discontinue the uses upon expiration of the temporary permit. The permits may be renewed by the issuing authority upon approval of the applicable Township agency, after a hearing and for good cause shown for one year periods, but not exceeding three such periods.
[Ord. No. 1598 § I]
After investigation and a finding that a storage shed is in violation of the setback requirements set forth at Subsection 20-19.1f, the Zoning Officer may stay enforcement upon application of the property owner where the violation is determined to be de minimis and it is unlikely to substantially impair the intent and purpose of zoning ordinance. This provision shall apply only to violations of the setback requirements set forth at Subsection 20-19.1f. A stay of enforcement shall not be sought or granted for any other accessory use standards.
a.
This subsection is adopted as remedial legislation to address circumstances where it is discovered that a shed was erected prior to adoption of this subsection in violation of Subsection 20-19. If, because of survey, construction mistake, or other excusable error. The existing locations of these sheds has not, to date, presented a significant detriment to the Township or its residents. Furthermore, it would be burdensome and wasteful to require the immediate relocation of these sheds.
b.
This subsection shall apply only to sheds in any residence zone district
existing at the time of adoption of this subsection.
c.
The shed upon any property upon which a stay of enforcement is granted pursuant to this subsection must be maintained in the same location upon which it was located at the time the stay of enforcement was granted or must be relocated in a manner and to a location that complies with all applicable zoning ordinances, including the setback requirements of Subsection 20-19.1f.
d.
A stay of enforcement granted pursuant to this subsection shall remain
in force until such time as: (1) the storage shed is demolished, or
(2) the property owner seeks a variance for any relief that occurs
in the rear yard, or (3) ownership of the property is transferred
or conveyed by means other than devise or intestate succession.
[Ord. No. 1272; Ord. No. 1598 § II]
Notwithstanding any provision herein, no development shall take place within a flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell, without first obtaining a "Development Permit for Construction in a Flood Hazard Area" from the Planning Board pursuant to the requirements of said Chapter 21.
[Ord. No. 1272; Ord. No. 1598 § III]
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall conform with the provisions
of the Municipal Land Use Law for Residential Storage Sheds (N.J.S.A.
40:55D-35).
[Ord. No. 1272]
The Planning Board shall prepare and, after public hearing,
adopt or amend a master plan, or component parts thereof, to guide
the use of lands within the Township in a manner which protects public
health and safety and promotes the general welfare.
[Ord. No. 1272]
The master plan shall generally comprise a report or statement
and land use and development proposals, with maps, diagrams and text,
presenting at least a statement of objectives, a land use plan element
and a housing plan element, pursuant to the Municipal Land Use Law
(N.J.S.A. 40:55D-28).
[Ord. No. 1272]
The Governing Body shall, at least every six years, provide
for a general reexamination of the master plan and development regulations
by the Planning Board which shall prepare and adopt by resolution
a report on the findings of such reexamination, a copy of which report
and resolution shall be sent to the County Planning Board and the
Municipal Clerk of each adjoining municipality. The first such reexamination
shall have been completed by August 1, 1982. The next reexamination
shall be completed by August 1, 1988.
Thereafter, a reexamination shall be completed at least once
every six years from the previous reexamination. The reexamination
report shall contain the provisions established pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-89).
[Ord. No. 1272]
If the provisions of any section, subsection, paragraph, subparagraph
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subparagraph
or clause of this chapter and, to this end, the provisions of each
section, subsection, paragraph, subparagraph or clause of this chapter
are hereby declared to be severable.
[Ord. No. 1272]
This chapter being necessary for the welfare of the Township
and its inhabitants shall be considered liberally to effect the purposes
thereof.
[Ord. No. 1272]
This chapter shall take effect immediately upon adoption and
publication according to law.
[1]
Editor's Note: Former § 18A-14, Development Fees
For Affordable Housing, was repealed 12-15-2020 by Ord. No. 1831-20201831. Prior ordinance history includes Ord. No. 1462.
[Added 12-15-2020 by Ord.
No. 1831-2020]
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c.46, Sections 8 and
32-38 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development
Fee Act (N.J.S.A. 40:55D-8.1 through 8.7). Fees collected pursuant
to this section shall be used for the sole purpose of providing very-low-,
low-, and moderate-income housing in accordance with a Court-approved
Spending Plan.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
This section shall not be effective unless and until approved by
the Superior Court in connection with West Caldwell's declaratory
judgement action concerning its Third Round affordable housing obligation.
b.
The Township of West Caldwell shall not spend development fees until
the Superior Court has approved a Spending Plan for spending such
fees.
[Added 12-15-2020 by Ord.
No. 1831-2020]
The following terms when used in this section shall have the
following meanings:
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing development.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act, or any successor agency charged with
the administration of the Fair Housing Act. Pursuant to the opinion
and order of the New Jersey Supreme Court dated March 10, 2015, in
the matter of "In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council
on Affordable Housing (M-392-14) 067126," any reference to COAH or
the Council shall be understood to refer to the Superior Court of
New Jersey, Law Division-Essex County.
The Superior Court of New Jersey, Law Division, Essex County.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301
et seq., and regulated by applicable COAH Rules.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).
Strategies that minimize the impact of development on the
environment, and enhance the health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing
while making optimum use of existing infrastructure and community
services.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
Imposition of Fees.
1.
Within the Township of West Caldwell, new residential construction
that receives a certificate of occupancy, except for the types of
developments specifically exempted below, shall pay a fee of 1.5%
of the equalized assessed value for all new residential construction
provided no increased density is permitted.
2.
When an increase in residential density is permitted pursuant to
a d variance granted under N.J.S.A. 40:55D-70d(5), developers shall
be required to pay a bonus development fee of 6% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. 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.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Developments.
1.
Affordable housing developments and/or developments where the developer
has made a payment in lieu of on-site construction of affordable units,
if permitted by ordinance and approved by the Court as part of its
approval of the settlement of litigation in In the Matter of the Application
of the Township of West Caldwell, Docket No.: ESX-L-4910-15, shall
be exempt from the payment of development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of this section shall be exempt from the payment
of development fees, unless the developer seeks a substantial change
in the original approval. Where site plan approval is not applicable,
the issuance of a zoning permit and/or construction permit shall be
synonymous with preliminary or final site plan approval for the purpose
of determining the right to an exemption. In all cases, the applicable
fee percentage shall be determined based upon the development fee
ordinance in effect on the date that the construction permit is issued.
3.
Development fees shall not be collected for the expansion of an existing
dwelling unit and/or for the construction of an accessory use.
4.
Owners of residential structures demolished and replaced in-kind
as a result of a natural disaster shall be exempt from paying a development
fee.
5.
Development fees shall not be collected for improvements or additions
to existing one- and two-family dwellings on individual lots.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
Imposition of Fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
2.
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall also pay a fee equal to 2.5% of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvements and the equalized
assessed value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a 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.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to a 2.5% development fee, unless
otherwise exempted below.
2.
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), as specified in Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption." Any exemption claimed by a developer
shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to the Statewide Nonresidential Development
Fee Act shall be subject to the fee at such time as 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 for the nonresidential development, whichever is later.
5.
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 Township of West Caldwell as a lien against
the real property of the owner.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
Upon the granting of a preliminary, final, or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Nonresidential
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.
c.
The Construction Official responsible for the issuance of a construction
permit shall notify the Township Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
d.
Within 90 days of receipt of such notification, the Township Tax
Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
e.
The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the Township Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
g.
Should the Township of West Caldwell 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 (N.J.S.A. 40:55D-8.6).
h.
Except as provided in Subsection 18A-14.5a3 hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the certificate of occupancy.
i.
Appeal of Development Fees.
1.
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 the Township of West Caldwell.
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.
2.
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 the Township of
West Caldwell. 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.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
The Township of West Caldwell has a separate, interest-bearing Affordable
Housing Trust Fund, which is 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.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of a fraction of an affordable
unit, where permitted by ordinance or by agreement with the Township
of West Caldwell;
2.
Funds contributed by developers to make 10% of the adaptable entrances
in a townhouse or other multistory attached dwelling unit development
accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with West Caldwell's affordable
housing program.
c.
In the event of a failure by the Township of West Caldwell to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div.), aff'd, 442 N.J.
Super. 563 (2015); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs ("DCA"), Division of Local Government
Services ("LGS"), to direct the manner in which the funds in the Affordable
Housing Trust Fund shall be expended, provided that all such funds
shall, to the extent practicable, be utilized for affordable housing
programs within the Township of West Caldwell, or, if not practicable,
then within the County.
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the noncompliant condition(s), and upon
a finding of continuing and deliberate noncompliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
d.
Interest accrued in the Affordable Housing Trust Fund shall only
be used to fund eligible affordable housing activities approved by
COAH or the Court.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
The expenditure of all funds shall conform to a Spending Plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Township of West Caldwell'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; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; Regional Housing Partnership
programs; conversion of existing nonresidential 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; and/or any other activity
permitted by the Court and specified in the approved Spending Plan.
b.
Funds shall not be expended to reimburse the Township of West Caldwell
for past housing activities.
c.
At least 30% of all development fees collected and interest earned
on such fees 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 the median income
for Housing Region 2, in which West Caldwell is located.
1.
Affordability assistance programs may include, but are not limited
to, 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. The specific programs to be used for affordability assistance
shall be identified and described within the Spending Plan.
2.
Affordability assistance to households earning 30% or less of median
income may include, but are not limited to, 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 specific programs to be used for very-low-income affordability
assistance shall be identified and described within the Spending Plan.
3.
Payments in lieu of constructing affordable housing units on site,
if permitted by ordinance or by agreement with the Township of West
Caldwell, and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
d.
The Township of West Caldwell may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including its programs for affordability assistance.
e.
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 consultants' fees
necessary to develop or implement a new construction program, prepare
a Housing Element and Fair Share Plan, and/or administer an affirmative
marketing program or a rehabilitation program.
1.
In the case of a rehabilitation program, the administrative costs
of the rehabilitation program shall be included as part of the 20%
of collected development fees that may be expended on administration.
2.
Administrative funds may be used for income qualification of households,
monitoring the turnover of sale and rental units, and compliance with
monitoring requirements. Legal or other fees related to litigation
opposing affordable housing sites or related to securing or appealing
a judgment from the Court are not eligible uses of the Affordable
Housing Trust Fund.
[Added 12-15-2020 by Ord.
No. 1831-2020]
The Township of West Caldwell shall provide annual reporting
of Affordable Housing Trust Fund activity to the New Jersey DCA, COAH,
LGS, or other entity designated by the State of New Jersey, with a
copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
DCA, COAH or LGS. The reporting shall include an accounting of all
Affordable Housing Trust Fund activity, including the sources and
amounts of funds collected and the amounts and purposes for which
any funds have been expended.
[Added 12-15-2020 by Ord.
No. 1831-2020]
a.
The ability for the Township of West Caldwell to impose, collect
and expend development fees shall be permitted through the expiration
of the repose period covered by its Judgment of Compliance and shall
continue thereafter so long as the Township of West Caldwell has filed
an adopted Housing Element and Fair Share Plan with the Court or with
a designated State administrative agency, has petitioned for a Judgment
of Compliance from the Court or for Substantive Certification or its
equivalent from a state administrative agency authorized to approve
and administer municipal affordable housing compliance and has received
approval of its development fee ordinance from the entity that will
be reviewing and approving the Housing Element and Fair Share Plan.
b.
If the Township of West Caldwell is not pursuing authorization to
impose and collect development fees after the expiration of its Judgment
of Compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing 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 (N.J.S.A.
52:27D-320).
c.
After the expiration of the Judgment of Compliance, if the Township
does not pursue or obtain continued authorization, the Township of
West Caldwell shall not impose a development fee on a development
that receives preliminary or final site plan approval, retroactively
impose a development fee on such a development, or expend any of its
collected development fees.
