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 meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
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 provision of c. 291, P.L. 1975.
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,
c. 231, P.L. 1975.
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; and the findings, if any, made by it
and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Municipal Clerk. Any interested party shall have the right to
compel production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his
use as provided for in the rules of the Board.
[Amended 6-10-1999 by Ord. No. 1180; 12-13-2001 by Ord.
No. 1243; 5-4-2017 by Ord. No. 1626-17]
A.
Filing fees. Applications to the Planning Board and Zoning Board
of Adjustment shall bear the following filing fees based on the type
of application:
|
Filing Fees for Planning Board and Zoning Board
| ||
|---|---|---|
|
Type
|
Amount
| |
|
1.
|
Residential bulk variance
|
$75
|
|
2.
|
Residential "D" variance
|
$75
|
|
3.
|
Minor site plan (preliminary)
|
$50 plus $50 per 5,000 square feet or part thereof
|
|
4.
|
Minor site plan (final)
|
$25 plus $25 per 5,000 square feet or part thereof
|
|
5.
|
Major site plan (preliminary)
|
$50 plus $50 per 5,000 square feet or part thereof
|
|
6.
|
Major site plan (final)
|
$25 plus $25 per 5,000 square feet or part thereof
|
|
7.
|
Minor subdivision
|
$150
|
|
8.
|
Major subdivision
|
$250
|
|
9.
|
Conditional use
|
$150
|
|
10.
|
Conditional use variance
|
$250
|
|
11.
|
Informal hearing
|
$100
|
|
12.
|
Site plan waiver
|
$100
|
|
13.
|
Special meeting In addition, a $250 secretarial/administrative
charge for special meetings
|
$200
|
B.
Responsibility by virtue of the filing of an application for development
with either the Planning Board or Zoning Board of Adjustment. The
applicant agrees to be responsible to pay the fees of the professionals
for each Board, including, but not limited to, attorney, engineer
and planner, reasonably incurred in connection with the review, processing
and approval or denial of the application. The failure of an applicant
to pay, within a reasonable period of time, the outstanding fee of
any Board professional, or the failure to post a required escrow deposit,
shall entitle the Planning Board or Zoning Board of Adjustment, as
the case may be, to suspend hearings and/or to withhold approving
documents. In addition, such failure shall authorize the Building
Department to withhold the issuance of permits, certificates of occupancy
and other approvals. The Board professional will also be authorized
to commence a legal action against the applicant seeking the payment
of any outstanding fees.
C.
Escrows. Applicants are required, as part of the application process,
to post escrow deposits as security for the anticipated fees of the
Board professionals as indicated above. Escrow deposits shall be made
separately for each category of professional, including, but not limited
to, attorney, engineer and planner. The escrow deposits shall be made
in accordance with the below schedule, with the understanding that
the reviewing engineer may adjust the amount of the required escrow
based on the details of a particular application, and shall promptly
give notice to the applicant upon making such determination. If, during
the course of a continuing hearing, the Planning Board or Zoning Board
of Adjustment reasonably determines that additional escrows need to
be posted, the applicant shall be given notice of same and shall promptly
post any such required escrow.
|
Escrow Deposits for Planning Board and Zoning Board
| ||||
|---|---|---|---|---|
|
Type
|
Engineer (includes completeness)
|
Attorney
|
Planner
| |
|
1.
|
Residential bulk variance
|
$150-completeness review. Engineer to determine amount of further
escrow.
|
$250
|
$0
|
|
2.
|
Residential "D" variance
|
$150-completeness review. Engineer to determine amount of further
escrow.
|
$250
|
$250
|
|
3.
|
Minor site plan (Preliminary)
|
$1,750
|
$500
|
$500
|
|
4.
|
Minor site plan (final)
|
$1,750
|
$500
|
$500
|
|
5.
|
Major site plan (preliminary)
|
$2,500
|
$1,500
|
$1,000
|
|
6.
|
Major site plan (final)
|
$2,500
|
$1,500
|
$1,000
|
|
7.
|
Minor subdivision
|
$1,750
|
$500
|
$500
|
|
8.
|
Major subdivision
|
$2,500
|
$1,500
|
$1,000
|
|
9.
|
Conditional use
|
$1,500
|
$1,000
|
$750
|
|
10.
|
Conditional use varinance
|
$2,000
|
$1,500
|
$1,000
|
|
11.
|
Informal hearing
|
0
|
$0
|
$0
|
|
12.
|
Site plan waiver
|
$1,000
|
$500
|
$500
|
|
13.
|
Resolution publication (residential)
|
$25
| ||
|
14.
|
Resolution publication (nonresidential)
|
$60
| ||
|
15.
|
Special meeting
|
$450
|
$450
|
$450
|
D.
Procedures. The provisions of N.J.S.A. 40:55D-53.1,-53.2, and 53.2a
as they pertain to the disposition of required deposits, payments
to professionals, deposits towards expenses and dispute procedures
are incorporated by reference with the proviso that the failure of
an applicant to notify the governing body with a copy of said notice
to the Chief Financial Officer, the appropriate Board and the professional
who rendered the bill of its dispute of the charges within 20 days
of receipt of same shall be deemed a waiver of the applicant's
right to challenge said charge or charges.
[Added 5-4-2017 by Ord.
No. 1626-17]
A.
The Engineer for each Board will perform completeness reviews for
all applications. Checklist requirements for the categories of application
as set forth herein are hereby adopted as set forth in a new Chapter
A214, entitled "Zoning Application Checklists."
B.
Surveys. Whenever a survey is required to be filed as part of any
application to the Planning Board or Zoning Board of Adjustment, the
survey must be certified to the owner of the property or to the applicant,
must be dated within five years of the date of submission of the application,
and must be accompanied by a current affidavit of no change. In addition,
surveys must be signed and sealed by the professional who prepared
same.
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 and shall comply with N.J.S.A.
40:55D-10.
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 facts.
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 stenographic mechanical or
electronic means. The Board shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party at his
expense.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice thereof as follows:
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 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 or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. A return receipt is 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 mall to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 118-24B of this article 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 a 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 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 Municipal Clerk pursuant to Section 6b of c.
291, P.L. 1975.
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.
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; 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 118-24B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
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 Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, with a separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 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 municipality will be adequately protected.[1]
