[HISTORY: Adopted by the Mayor and Council of the Borough of Englishtown 2-16-1988 by Ord. No. 88-2 (Ch. 1.19 of the 1997 Code). Amendments noted where applicable.]
A. 
There is hereby established pursuant to P.L. 1985, c.516, in the Borough of Englishtown a Unified Planning/Zoning Board of nine members consisting of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
(3) 
Class III: A member of the governing body to be appointed by it.
(4) 
Class IV: Six other citizens of the municipality to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other municipal office. A member of the Environmental Commission who is also a member of the Unified Planning/Zoning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Unified Planning/Zoning Board member.
C. 
Alternate members.
(1) 
In addition to the regular members of the Unified Planning/Zoning Board appointed pursuant to this section, there shall be appointed alternate members as follows:
(a) 
Class IV: two alternate members to be appointed by the Mayor. Said alternates shall thereafter be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2."
(2) 
Alternate members shall serve in the absence or disqualification of the regular Class IV member.
A. 
The terms of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever comes first. The term of a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
B. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Unified Planning/Zoning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
C. 
Terms of alternate members. The alternate members appointed pursuant to § 75-1 hereby shall have terms as follows:
(1) 
Class IV alternate: A term of two years beginning on January 1 of the year in which such alternate is appointed; however, during the first year of this chapter, the terms of each alternate shall be one year and two years, respectively, as designated by the Mayor, each of which term is to begin as of January 1 of the year of said appointment.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
The Unified Planning/Zoning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Unified Planning/Zoning Board or a municipal employee designated by it.
There is hereby created the office of Unified Planning/Zoning Board Attorney. The Unified Planning/Zoning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Unified Planning/Zoning Board Attorney, who shall be an attorney other than the Municipal Attorney.
The Unified Planning/Zoning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
No member of the Unified Planning/Zoning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
The Unified Planning/Zoning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A. 
To make and adopt and, from time to time, amend a Master Plan for the physical development of the Borough which in the Board's judgment bears essential relation to the planning of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 560, Subdivision of Land; Chapter 518, Site Plan Review; and Chapter 620, Zoning, of the Borough Code in accordance with the provisions of said chapters and the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).
C. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
To assemble data on a continuing basis as part of a continuous planning process.
E. 
To annually prepare a program of municipal capital improvement projects over a term of six years, and establish amendments thereto, and recommend same to the governing body.
F. 
To consider and make reports to the governing body within 35 days of referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a) and also to pass upon other matters specifically referred to the Unified Planning/Zoning Board by the Borough pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G. 
To review applications for approval of subdivision plats, site plans or conditional uses, and to grant:
(1) 
Variances pursuant to Subsection 57c of P.L. 1975, c. 291, from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(2) 
Direction, pursuant to Section 25 of said Act, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act.
(3) 
Direction, pursuant to Section 27 of said Act, for issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(4) 
Variances pursuant to Subsection 57(d) of P.L. 1975, c. 291. However, Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection 57(d) of P.L. 1975, c.291.
H. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
I. 
To exercise any of those other powers accorded to a zoning board of adjustment by N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and by the provisions of this chapter.
J. 
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
[Amended 4-24-2024 by Ord. No. 2024-03]
A. 
Purpose. Englishtown Borough's Economic Development Advisory Committee ("EDAC" or "Committee") is charged with developing and implementing a strategic business attraction and retention program for the municipality. Its function is to match enterprises looking for a new home with a suitable and appropriate location within the Borough of Englishtown's borders. The EDAC's mission is to attract strong and diverse corporations that will add to the Borough's business community. The primary focus of the EDAC is to promote occupancy of existing vacant commercial sites and to work with currently occupied developed properties toward revitalizing these properties to aid in enhancing current tax rates. At the direction of the Borough Council, the EDAC also assists with new applications and/or inquiries for commercial developments and provides timely and useful vacant listings suitable for development. The EDAC shall work to foster a business-friendly environment in the Borough of Englishtown, to promote an understanding of economic development and aid the community in envisioning and realizing a desired economic future.
B. 
Composition; membership; term of office. The EDAC shall consist of the Mayor, Council President and three members appointed by the Mayor, each for a term of one year. Each member appointed to the Committee shall be a citizen of the United States and a qualified voter of this state. The Mayor should endeavor to appoint at least one owner of a local business to the Committee. Vacancies in the membership of the Committee shall be filled by the Mayor for the unexpired term thereof.
C. 
Selection of officers. The members of the Committee shall choose annually from among its members a Chair and such other officers as it may deem necessary. Officers on the Committee shall be considered Borough officials and shall be eligible under § 75-1 of the Code to serve as Class II members of the Unified Planning/Zoning Board.
D. 
Compensation. The members of the Committee shall serve without compensation.
Whenever the Environmental Commission has prepared and submitted to the Unified Planning/Zoning Board an index of the natural resources of the municipality, the Unified Planning/Zoning Board shall make available to the Environmental Commission an informational copy of every application for development to the Board. Failure of the Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceedings.
A. 
Applications for development within the jurisdiction of the Unified Planning/Zoning Board pursuant to the provisions of P.L. 1975, c. 291, shall be filed directly with the Secretary of the Board. The applicant shall file in accordance with Unified Planning/Zoning Board Resolution No. 87-11. Development applications must be submitted at least 30 days prior to the regularly scheduled monthly meeting, and pending applications requiring redrafting must be submitted no later than 10 days prior to the regular monthly meeting. The applicant shall file 12 copies of a sketch plat; 12 copies of applications for minor subdivision approval; 12 copies of an application for major subdivision approval or 12 copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application in accordance with Unified Planning/Zoning Board Resolution No. 87-11, the applicant shall also file all plat plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Unified Planning/Zoning Board. The applicant shall obtain all necessary forms directly from the Secretary of the Unified Planning/Zoning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
B. 
Appeals to the Unified Planning/Zoning Board may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Each appeal pursuant to this subsection shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken and five copies of said notice with the Secretary of the Unified Planning/Zoning Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice at the party's expense.
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate, or his agent in charge of the property (if served in person, a signature is required), or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B hereof to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of the municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board.
H. 
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
J. 
It is further the intent of this chapter to confer upon the Unified Planning/Zoning Board powers as full and complete as lawfully may be conferred upon a zoning board of adjustment, including, but not limited to, the authority in connection with any case, action or proceeding before the Board to interpret and construe the provisions of Chapter 620, Zoning, of the Town Code, or any term, clause, sentence or word thereof, and to interpret the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Englishtown shall, within seven days of receipt of a request therefor and upon receipt of payment of the fee included in § 75-22A(6), make and certify a list, from the current tax duplicate, of the names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter.
A. 
Rules. The Unified Planning/Zoning Board may make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties; and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
Testimony. The testimony of all witnesses shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(1) 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(2) 
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at the party's expense.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Unified Planning/Zoning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of the Board's approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Unified Planning/Zoning Board before it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B. 
Preliminary (approval) major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a completed application for a subdivision of more than 10 lots, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Board shall be deemed to have granted preliminary approval for the subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Ancillary powers. Whenever the Unified Planning/Zoning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 75-8G hereof, the Board shall grant or deny approval of the application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant.
D. 
Final approval. Application for final major subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Unified Planning/Zoning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.
E. 
Variances, etc. The Board shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
A. 
Each decision on any application for development or appeal shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusion based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if the applicant is represented by counsel, then to his attorney, without charge. A copy of the decision shall also be mailed to all persons.
A brief notice of every final decision of the Board shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant. The period of time in which an appeal may be made shall run from the date of publication.
A. 
Meetings of the Unified Planning/Zoning Board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development or appeals to process.
B. 
Special meetings may be provided for at the call of the Chairman or on request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provisions of P.L. 1975, c. 291.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Act, P.L. 1975, c. 231.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application submitted to the Unified Planning/Zoning Board shall be accompanied proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
Any variance from the terms of this chapter granted by the Board, permitting the erection or alteration of any structures or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year of the date of entry of the judgment or determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board.
[Amended 8-10-1994 by Ord. No. 94-08; 6-12-2002 by Ord. No. 02-05; 4-2-2004; 4-12-2006 by Ord. No. 2006-05; 11-8-2006 by Ord. No. 2006-20; 10-14-2008 by Ord. No. 2008-10; 12-14-2009 by Ord. No. 2009-16; 10-23-2024 by Ord. No. 2024-19; 4-9-2025 by Ord. No. 2025-02]
Fees shall be as follows:
A. 
Informal review of concept plan.
(1) 
Application for commercial development in excess of 40,000 square feet of land or 3,000 square feet of building: $1,000.
(2) 
All other applications for residential development: $400.
(3) 
Fees paid hereunder shall be credited up to 50% against any fees required for a formal application for development.
B. 
Minor subdivision: $1,000 plus $100 per proposed lot.
C. 
Major subdivision.
(1) 
Preliminary approval: $2,000 plus $200 per each proposed lot.
(2) 
Final approval: $1,000 plus $100 per each proposed lot.
D. 
Minor site plan: $400.
E. 
Major site plan.
(1) 
Multifamily residential: $1,000 plus $100 per each proposed lot.
(2) 
Nonresidential uses: $2,000.
(a) 
First 5,000 square feet of gross floor area: $0.50 per square foot or any part thereof.
(b) 
Second 5,000 square feet of gross floor area: $0.30 per square foot or any part thereof.
(c) 
For every square foot over 10,000 square feet of gross floor area: $0.10 per square foot to a maximum of $25,000.
F. 
Variances.
(1) 
Hear and decide appeals: $500.
(2) 
Interpretation of Zoning Map: $200.
(3) 
Nonuse variance: $200.
(4) 
Use variance.
(a) 
Residential use sought: $2,000 plus $200 per each additional unit.
(b) 
Other uses: $1,500.
(5) 
Building permit in conflict with Official Map of for lot not related to street: $500.
(6) 
Conditional use: $1,500.
G. 
The aforesaid fees shall be paid at the time of submission of an application for development. Application requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay fees for each approval sought.
H. 
Escrow fees, in addition to the fees provided above, the applicant shall establish one or more escrow accounts with the Borough of Riverdale to cover the reasonable costs of professional review and consideration.
(1) 
Escrow fees shall be provided for each application for development.
(2) 
Upon submission of an application for development, the Borough Engineer, planning, water, sewer, traffic and such other consultations as are necessary and the approving authority attorney shall, within 10 days of the submission of such application for development, submit to the approving authority an estimate of fees sufficient in an amount to undertake reviews and consultation relative to the application. Each party or person submitting an estimate of fees shall set forth in writing the manner and mode of computing such fees. Within 10 days of receipt of estimated fees, the approving authority shall notify the applicant in writing of such fees. Objections by the applicant, if any, shall be made in writing within 10 days of receipt of estimated fees to the approving authority. Within 30 days of receipt of a written objection, the approving authority shall conduct a hearing, upon 10 days' notice to the applicant, and decide and determine the amount of fees to be deposited.
(3) 
The applicant shall thereupon deposit funds with the Borough to meet the fee estimates, and such funds shall be placed in an interest-bearing account.
(4) 
Vouchers shall be submitted setting forth with particularly the time and work expended on the application. The applicant shall be supplied copies of all vouchers and, upon demand, be heard by the approving authority on the merits of any voucher.
(5) 
The deposit fund shall be placed in an interest-bearing account. Funds remaining on deposit after payment of voucher shall be returned to the applicant. In the event that funds are not sufficient to pay all vouchers, the applicant shall submit such necessary additional funds.
[Added 9-25-1996 by Ord. No. 96-05]
A. 
Prior to the release or reduction of any performance guarantee, the developer shall notify all property owners located within 200 feet of his property. The developer will further be required to publish a notice of public hearing in the official newspaper circulated within the Borough of Englishtown. Said publication should be at least 20 days prior to the date of the proposed public hearing.
B. 
The developer shall further serve a copy of this notice of hearing by certified mail, return receipt requested, or by personal service upon all owners of land within 200 feet of his property. The notice shall contain language that the public hearing is concerning the release and/or reduction of performance guarantee concerning his property. The developer shall also send by certified and regular mail notice to any homeowners' associations involved. This aforementioned notification shall be served not less than 20 days prior to the scheduled public hearing date. Any individual persons who wish to be heard at the public hearing shall be given the opportunity to speak prior to the Mayor and Council acting on the request to release and/or reduce performance bond. It shall be within the sole discretion of the Mayor and Council of the Borough of Englishtown as to whether the performance guarantee in question, be either reduced and/or released.