No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
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 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 or her use as provided for in the rules of the Board.
[Amended 6-5-1986; 8-1-1996 by Ord. No. 96-11]
A. 
In addition to the filing fee established by this chapter, all applications for development shall be accompanied by a deposit of adequate funds from which the Treasurer of the township shall make all of the payment to professionals for services rendered to the approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purpose under the provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be as set forth in Chapter 108, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the township. The only costs that shall be added to any such charges shall be actual out-of-pocket expense of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The township or approving authority shall not bill the applicant or charge any escrow account or deposit authorized under Subsection D of this section for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other township costs and expenses except as provided for in this section, nor shall a township professional add any such charges to his or her bill.
C. 
If the salary, staff support and overhead for a township professional are provided by the township, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals, by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professionals for the township when fees are not reimbursed or otherwise imposed on applicants or developers.
D. 
All deposits required under this section and intended to reimburse township expenses for professional services shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. Deposits for inspection fees shall be established in accordance with N.J.S.A. 40:55D-53h.
E. 
The amount of the initial escrow deposit to be remitted at the time of the filing of the application shall be as set forth in § 192-30.
F. 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional personnel performing the service and, for each date the service is performed, the hours spent to 1/4 increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Treasurer of the township on a monthly basis in accordance with the schedules and procedures established by the Treasurer. If the services are provided by a township employee, such employee shall prepare and submit to the Treasurer a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Treasurer of the township simultaneously to the applicant.
G. 
The Treasurer will prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, disbursements and the cumulative balance of the escrow account.
H. 
In the event that an escrow account or deposit contains insufficient funds to enable the township or approving authority to perform required application reviews or improvement inspections, the Treasurer of the township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the township or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
I. 
The following close-out procedure shall apply to all deposits and escrow accounts established pursuant to the Municipal Land Use Law and shall commence after the approving authority has granted final approval and signed the subdivision plan or site plan, in the case of application review escrows and deposits, or after the improvements as provided in N.J.S.A. 40:55D-53 have been approved, in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Treasurer and approving authority and to relevant approving authority and municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Treasurer within 30 days and shall send a copy simultaneously to the applicant. The Treasurer shall render a written financial accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balance remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting.
J. 
All professional charges for review of an application for development review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under township jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
K. 
If the township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the township or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
L. 
Appeal of disputed charges. The following procedures shall govern when an applicant disputes escrow charges:
(1) 
An applicant shall notify in writing the Mayor and Township Committee with copies to the Treasurer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the township in reviewing applications for development, review and preparation of documents, or other charges made pursuant to the provisions of the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
The Mayor and Committee, or its designee, shall within a reasonable time period attempt to remediate any disputed charge.
(3) 
If the matter is not resolved to the satisfaction of the applicant, he may appeal to the Bergen County Construction Board of Appeals established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or a deposit by any township professional or consultant or the cost of installation of improvements estimated by the Township Engineer. An applicant or its authorized agent shall submit the appeal in writing to the Bergen County Construction Board of Appeals. The applicant or its authorized agent shall send a copy of the appeal to the township, approving authority and any professional whose charge is the subject of the appeal.
(4) 
An applicant shall file an appeal within 45 days of receipt of the informational copy of the professional's voucher required by Subsection F of this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file any appeal within 60 days from receipt of the statement of activity against the deposit or escrow amount required by Subsection G of this section.
(5) 
An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(6) 
During the pendence of any appeal to the Bergen County Construction Board of Appeals, the township or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this section. The Treasurer may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Treasurer shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the township, the professional or consultant shall reimburse the township in the amount of any such disallowed charge.
A. 
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. 
The officer presiding at the hearing or such person as he or she 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; P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
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 limitation as to the time and number of witnesses.
D. 
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
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.
[Added 6-5-1986]
A. 
Whenever a hearing is required on an application for development, except for conventional site plan review pursuant to N.J.S.A. 40:55D-46, or final approval pursuant to N.J.S.A. 40:55D-50, the notice thereof shall be as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the Township of South \ackensack at least 10 days prior to the date of hearing.
(2) 
Notice shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of a hearing. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate. 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, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3) 
Notice on application 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.
(4) 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5) 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) 
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 on 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 Township Clerk pursuant to N.J.S.A. 40:55D-10b.
(7) 
All notices herein specified shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(8) 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
B. 
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 and the nature of the matter to be considered, and shall identify 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 shall state the location and times at which any maps and documents for which approval is sought are available as required by law.
C. 
Upon the written request of an applicant, the Tax Assessor of the Township of South Hackensack or his or her designee shall, within seven days, cause to be made and certified a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to this section. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. The sum as provided in Chapter 108, Fees, will be charged for such list.
[Amended 12-19-1996 by Ord. No. 96-14; 9-11-2003 by Ord. No. 2003-16]
All parts of ordinances inconsistent with this chapter are hereby repealed as to such inconsistent parts, and this chapter shall take effect after its approval by the Planning Board as provided by the Municipal Land Use Law[1] and its final passage and publication according to law and the filing of a copy hereof with the County Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 6-5-1986]
On each and every decision on any application for development, the Board shall include findings of fact and conclusions based thereon and shall reduce the decision to writing, either through a resolution adopted at a meeting held within the time period provided by the Municipal Land Use Law for action or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of the majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. The date of the adoption of the memorializing resolution shall constitute the date of the decision for purposes of mailing, filings and publications as required by Subsections h and i of N.J.S.A. 40:55D-10.
[Added 6-5-1986]
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 or her attorney, without separate charge, and to all who request a copy of the decision, for a reasonable fee. A copy of the decision shall also be filed by the Board 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 reasonable fee and available for public inspection at his or her office during reasonable hours. A brief notice of the decision shall be published in the official newspaper of the Township of South Hackensack. The publication shall be arranged by the Board Clerk. The applicant shall pay the cost of said publication.
Every application for development submitted to the Boards shall be accompanied by a proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the 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 township will be adequately protected.
A. 
The Planning Board and Board of Adjustment shall each schedule a meeting not less frequently than once a month. Each and every meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
The Chairman of either Board on his or her own initiative or at the request of two members of each respective Board may call a special meeting which shall be held on notice to its members and the public in accordance with law.
C. 
No action shall be taken by either Board at any meeting without a quorum being present.
D. 
All actions shall be taken by a majority vote of the members present except where exceptional vote requirements are required by the Municipal Land Use Law.
E. 
All meetings shall be open to the public except, however, where same may be closed to the public as provided by law.
[Added 1-21-1994; amended 2-17-1994]
Except as to applications relating to owner-occupied one- and two-family dwellings, no application under any Article of this chapter or any other application as may be permitted or required by law shall be either deemed complete or entertained unless and until the applicant has filed with that application written certification of the Collector that all taxes, assessments and other charges levied by the township against the premises which are the subject of the application are currently paid in full.