A. 
Planning Board as approving authority. In accordance with Chapter 291 of the Laws of 1975,[1] the Planning Board shall act as the approving authority for subdivision plats as a condition for filing such plats with the county recording officer, either individually or as a part of a simultaneous application, and for site plan approval as follows:
(1) 
For minor subdivisions.
(2) 
For preliminary and final major subdivisions and site plans.
(3) 
For subdivisions and site plans which also require conditional use approval.
(4) 
For minor and major subdivisions which require site plan approval.
(5) 
For subdivisions and site plans which also require planned development approval.
(6) 
For subdivision and site plans in which a variance request is made pursuant to N.J.S.A. 40:55D-60.
[Amended 4-21-1980 by Ord. No. 1980:372]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Board of Adjustment as approving authority. In accordance with Chapter 291 of the Laws of 1975,[2] the Board of Adjustment shall act as the approving authority for subdivision plats as a condition for filing such plats with the county recording officer and for site plan approval as follows: where a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which a subdivision and/or a site plan is a part of the application.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
Exception in application of regulations. Except for public hearings, the approving authority, when acting upon applications for minor, preliminary and final subdivision approval and preliminary and final site plan approval, shall have the power to grant such exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
D. 
Simultaneous review and approval. The approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision and site plan approval without the applicant being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision conditional use, site plan approval or a variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include references to the request for such conditional use or use variance.[3]
[3]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
E. 
Minor site plan review.
[Added 3-11-1992 by Ord. No. 1992:618]
(1) 
Pursuant to N.J.S.A. 40:55D-46.1, the Planning Board Chairman shall appoint a Site Plan Subcommittee. The Site Plan Subcommittee shall review applications where a development plan proposes a change of use to a use permitted in the zoning district (where § 173-27C is not applicable) for a building or structure or portion thereof which exceeds 2,000 square feet. The Site Plan Subcommittee may:
(a) 
Determine that the development plan does require full site plan approval because of the applicability of § 173-27C and refer the application to the Planning Board for site plan review.
(b) 
Determine that the development plan conforms to the definition of minor site plan and refer the application to the Planning Board for minor site plan review.
(c) 
Determine that the development plan, while it conforms to the definition of a minor site plan, does not require Planning Board approval because the literal enforcement of the minor site plan requirements are impracticable or will exact undue hardship upon the applicant and the proposed change of use does not adversely affect any municipal considerations concerning the health, safety or general welfare. If the Planning Board Subcommittee makes this determination, it shall, in writing, refer the applicant to the administrative officer for issuance of a change of use certificate of occupancy which shall then be issued by the administrative officer. If this determination is made, the applicant shall have returned all but $25 of his or her application fee as provided in § 35-30C of this Code.
(2) 
The Planning Board Subcommittee shall have 10 days from the receipt of an application to make a determination as provided by this Subsection E.
Filing fees, inspection fees, fees for specific services and escrow fees, as required for the Land Subdivision and Site Plan Review Ordinance, shall be in accordance with the requirements of the Closter Procedures Ordinance pertaining to the Planning Board and the Board of Adjustment.[1] All required fees shall be paid in cash or certified or bank checks, payable to the Borough of Closter.
[1]
Editor's Note: See Ch. 35, Land Use Procedures.
A. 
When required. A public hearing shall be required for all applications except minor subdivision approval and final subdivision approval and final site plan review.
B. 
Availability of maps and documents prior to hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C. 
Notice of public hearing.
(1) 
The applicant shall give notice of a public hearing to the owners of all real property as shown on the current tax records located within 200 feet in all directions of the property in question.
(2) 
Said notice 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 subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Borough Tax Collector's office, a duplicate copy of which shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to § 173-7B.
(3) 
Notice shall be given at least 10 days prior to the date of the public hearing.
(4) 
The applicant shall also cause notice of the hearing to be published in a newspaper of general circulation in the borough at least 10 days prior to the public hearing.
(5) 
Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than 48 hours prior to the commencement of the public hearing.
D. 
Certification of list of persons entitled to notice. Upon the written request of an applicant, the Tax Assessor of the Borough of Closter shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. 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.
E. 
Other notification. The applicant shall provide that notice for a hearing on an application for the development of property be given by personal service or certified mail to:
(1) 
The Clerk of a municipality when involving property within 200 feet of said municipality.
(2) 
The County Planning Board where the property is adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, affects a county drainage facility or adjoins other county land or is situated within 200 feet of a municipal boundary.
(3) 
The Commissioner of Transportation where the property is adjacent to a state highway.
(4) 
The Director of State and Regional Planning in the Department of Community Affairs for an application exceeding 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be filed with the administrative officer of the Borough of Closter.
F. 
Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon mailing.
G. 
Verbatim recording required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means for public hearings. The authority shall furnish its transcript, or duplicate recording in lieu thereof, on request to any interested party at his or her expense.
H. 
Written findings and conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.
I. 
Copies and notification of decision.
(1) 
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented, to his or her attorney without separate charge and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority 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 specified herein and available for public inspection at his or her office during reasonable hours.
(2) 
A brief notice shall be published in the official newspaper of the community. Such publication shall be arranged by the approving authority. The period of time in which an appeal of the decision may be made shall run from the publication of the decision.
A. 
The rules, regulations and standards contained herein shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough. Any action taken under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving authority may permit such waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B. 
The waiver provisions of this section shall be applicable to the entire chapter herein except where specifically prohibited by law.
C. 
Any waiver provided hereunder by the approving authority shall be specified in the written resolution of approval, whether conditional or otherwise, with the reasons granting such waiver also specified.
[Added 11-28-1979 by Ord. No. 1979:367]
A. 
Approval.
[Amended 5-25-1994 by Ord. No. 1994:672]
(1) 
Where a development agreement is required to be executed governing off-tract improvements, on-tract improvements, performance guaranties, maintenance guaranties or other conditions as may be required by this chapter or by the approving authority, said development agreement shall be drafted by and satisfactory to the following:
(a) 
The Planning Board Attorney in those cases where the Planning Board is the approving authority.
(b) 
The Zoning Board Attorney in those cases where the Board of Adjustment is the approving authority.
[Amended 3-12-2014 by Ord. No. 2014:1154]
(2) 
In either case, the development agreement shall be reviewed by the Borough Attorney and, thereafter, approved by the governing body. Said development agreement may include, but need not be limited to, the amount of cash contributions, if any, required, the method of payment and the obligations to be undertaken by the Borough of Closter, if any.
[Amended 3-12-2014 by Ord. No. 2014:1154]
B. 
All performance guaranties and maintenance guaranties required by this chapter shall be in writing and shall be reviewed by the Borough Attorney as to form, sufficiency and execution and approved by the governing body.
[Added 4-21-1980 by Ord. No. 1980:372]
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. The developer shall not be required to submit any fees for such an informal review. 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.