No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
Special meeting may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All action shall be taken by a majority of the members of the agency present at the meeting except as otherwise provided in this chapter and by state statute.
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 Meetings Law, Chapter 231, P.L. 1975.[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 reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the City Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
A. 
Any application of any nature shall be accompanied by an administrative fee and escrow fee pursuant to the schedule incorporated in Subsection C.
B. 
Escrow deposits.
(1) 
The Planning Board and Zoning Board of Adjustment, as the case may be, shall also require, in addition to the filing fees provided hereafter, escrow deposits in accordance with the provisions of this chapter. Such escrows shall be utilized to reimburse the municipality for:
(a) 
All expenses of professional personnel incurred by it necessary to process an application for development before a municipal agency, such as, but not by way of limitation:
[1] 
Charges for reviews by professional personnel of applications and accompanying documents.
[2] 
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant.
[3] 
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts.
[4] 
Review of additional documents submitted by the applicant and issuance of reports relating thereto.
[5] 
Review or preparation of easements, developers' agreements, deeds, resolutions or the like.
[6] 
Preparation for and attendance at special meetings.
(b) 
The cost of additional expert advice or testimony obtained by the municipal agency regarding the application, provided that the municipal agency gives prior notice to the applicant of its intention to obtain such additional expert advice or testimony and affords the applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof.
(2) 
The municipality shall require the deposit of such escrows into an escrow account for the purpose of reimbursing the municipality for payment of such expenses. The applicant shall, as a condition precedent to the application being deemed complete, submit the escrow deposits hereinafter set forth to be held in escrow in accordance with the provisions hereof.
(3) 
In the event that the professional and/or expert charges should deplete the escrow account by more than 50% of the original submission, the Director of Finance shall notify the applicant and require payment of additional escrow sums. Such additional escrow sums shall be sufficient to restore the escrow account to not less than 75% of the original escrow deposit.
(4) 
Except as otherwise provided in Subsection B(1)(b) above, no applicant shall be responsible to reimburse the municipality for attendance by the municipality's professional personnel at any regularly scheduled meeting of the municipal agency; provided further, however, that the municipality shall be entitled to be reimbursed for attendance of its professional personnel at a special meeting(s) of a municipal agency, which special meeting(s) was requested to be called by the applicant.
(5) 
The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to ensure an application meets performance standards set forth in the ordinance and other experts whose testimony is in an area in which the applicant has presented expert testimony.
(6) 
No signed plat or site plan shall be released to the applicant nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the governing body. The Finance Director shall, upon written notification by the applicant that all outstanding conditions of final approval have been met and final plans (plats) have been submitted for signature, render a written final accounting pursuant to N.J.S.A. 40:55D-53.2. If the amount of escrow deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the escrow deposit, the applicant shall be liable for payment of such deficiency.
(7) 
No professional personnel submitting charges to the municipality for any of the services referred to in Subsection B(1)(a) above shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the municipal salary ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by the developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
(8) 
Escrow deposits received from any developer pursuant to Subsection B shall be deposited in a banking institution pursuant to N.J.S.A. 40:55D-53.1.
C. 
Development application fee and escrow schedule.
[Amended 6-22-1993 by Ord. No. 21-93; 8-25-1998 by Ord. No. 28-98; 2-13-2001 by Ord. No. 3-01; 4-10-2001 by Ord. No. 13-01; 5-22-2001 by Ord. No. 19-01; 6-12-2001 by Ord. No. 23-01; 8-23-2011 by Ord. No. 29-11; 1-8-2013 by Ord. No. 26-12]
Type of Application
Administrative Fee
Initial Escrow Planning Board
Initial Escrow Zoning Board
Appeals and interpretations
$200
$850
$850
Conceptual/ informal reviews
$150
Bulk variance
Single-and two-family
$150
$850 plus (a)
$850 plus (a)
(a) $100 per each variance requested when connected with a major subdivision
Multifamily
$200
$1,000 plus (b)
$1,000 plus (b)
(b) $100 per each variance requested
Non-residential
$200
$1,000 plus (c)
$1,000 plus (c)
(c) $100 per variance requested)
"D" variances
$200
$1,000
$1,000
Use variance
Single-and two-family
$250
$1,000
$1,250
Multifamily
$450
$1,500 plus $50 per unit
$2,000 plus $50 per unit
Non-residential
$450
$2,000 plus (d)
$2,500 plus (d)
(d) $100 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed
Conditional use
$450
$1,000 plus (e)
$1,500 plus (e)
(e) $100 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed
Subdivision
Minor/sketch plat
$100 plus $50 per lot
$1,500
$2,000
Major classification
$100
$2,000 plus $200 per lot
$2,500 plus $200 per lot
Preliminary
$150 plus $50 per lot
Final
$100 plus $25 per lot
$1,000 plus $100 per lot
$1,500 plus $100 per lot
Site plan
Minor site plan
$200
$1,000
$1,250
Major site plan
Residential
Preliminary
$200 plus $50 per unit
$3,000 plus (f)
$3,500 plus (f)
(f) $50 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed, plus $200 per dwelling unit
Final
$100 plus $25 per unit
$1,500 plus (g)
$2,000 plus (g)
(g) $50 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed, plus $200 per dwelling unit
Non- residential
Preliminary
$250 plus (h)
$3,000 plus (i)
$3,500 plus (i)
(h) $50 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface
(i) $100 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed, plus $200 per 1,000 square feet or fraction thereof of gross floor area
Final
$125 plus (j)
$1,500 plus (k)
$2,000 plus (k)
(j) $25 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed
(k) $50 per 1,000 square feet or fraction thereof over 2,000 square feet of gross impervious surface to be developed, plus $100 per 1,000 square feet or fraction thereof of gross floor area
Special meeting
$2,500
$2,500
$2,500
Resubmission or revision fee
Minimum $50 Maximum 40% of original fee
$250
Maximum 40% of original fee
$250
Maximum 40% of original fee
Zoning permit
$30 Single-family, minor and grading application; $50 all others such as multi-family, subdivisions and commercial applications
Preexisting use certificate
$50
Search required
$50
Extension of approvals
$200
Extension escrow $500
Extension escrow $500
Grading plan
$30 for zoning permit processing
$500 (minimum escrow)
$600 (minimum escrow)
D. 
Amendment to final plat or plan (subdivision or site plan). An applicant seeking to amend the final plat shall pay a fee of 1/2 of the final plat or plan fee. If the approving authority determines that the proposed amendment will result in a substantial change in the final plat or plan, the application shall be treated as a new application and be processed accordingly subject to the payment of a full fee pursuant to whatever the original schedule was.
E. 
Resubmission fee. In the event that any applicant shall determine to revise or is required by the approving authority to revise a submission for any application which will result in additional review by the approving authority's experts, employees, consultants, the planning division or the City engineer, a resubmission fee shall be paid in an amount not to exceed 40% of the fee for the original filing with a minimum fee of $250. The actual amount due shall be determined by the approving authority based upon the anticipated cost for additional reviews.
[Amended 8-23-2011 by Ord. No. 29-11]
F. 
Special meeting fee. In the event that any applicant requests to be placed on the agenda for a special meeting, he shall be responsible for a pro rata share of the Board's costs in holding said meeting, including but not limited to fees for the Board Stenographers, Board Engineer, Board Attorney, Planner, Secretary to the Board and any other Board experts who are required to attend.
[Amended 2-9-1993 by Ord. No. 3-93; 6-22-1993 by Ord. No. 21-93]
A. 
Rules. The Planning Board and Zoning Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of 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, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
All public hearing dates shall be set by the approving authority. The approving authority shall hold a public hearing on each application for development, except that the approving authority may waive the required notices and hearing for minor subdivisions and minor site plans unless a variance or conditional use is part of the application. No public hearing shall be required for final site plan of subdivision approval. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law (see N.J.S.A. 40:55D-11 and 40:55D-12) as summarized below.
A. 
Public notice shall be given by publication in the official newspaper of the City 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 City 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 current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on the 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. Notice to the condominium association, horizontal property regime, community trust or homeowners association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or area.
C. 
Notice of all hearings on applications for development involving property located within the 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 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 situated within 200 feet of a City 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 Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the City Clerk pursuant to Section 6b of c. 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
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 holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be 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 the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office and the location and times as to which any maps and documents for which approval is sought are available as required by law.
The administrative office of the City or its designate shall, within seven days of the receipt of a request thereof and upon receipt of payment of $10 or $0.25 cents per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 69-31B.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the City Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the City.
A brief notice of every decision shall be published in the official newspaper of the City, the costs of which are to be charged to the applicant. Where the application sought is approved, such publication shall be arranged by the applicant. Where the application is denied, such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be. Such notice shall be sent to the official newspaper for publication within 10 days of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the City will be adequately protected.