A.
Establishment.
[Amended 4-9-1996 by Ord. No. 3-1996; 3-5-2002 by Ord. No. 5-2002]
(1)
The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued, to consist of nine members
of the following four classes and four alternates:
(a)
Class I: the Mayor, or the Mayor's designee
in the absence of the Mayor.
[Amended 4-24-2012 by Ord. No. 3-2012]
(b)
Class II: one of the officials of the City other
than a member of the City Council to be appointed by the Mayor.
(c)
Class III: a member of the City Council to be
appointed by it.
(d)
Class IV: six other citizens of the City to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment, except that one member may
be a member of the Historic Preservation Commission if there be one
appointed, and one may be a member of the Board of Education. For
the purpose of this section, membership on a City board or commission
whose function is advisory in nature, and the establishment of which
is discretionary and not required by statute, shall not be considered
the holding of municipal office.
(2)
Alternates. The Mayor shall also appoint two alternate
members, who shall meet the qualifications of Class IV members. Alternate
members shall be designated by the Mayor at the time of appointment
as Alternate No. 1, Alternate No. 2, Alternate No. 3, and Alternate
No. 4. The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the terms of not more than two alternate members shall expire in any
one year, and provided further that in no instance shall the terms
of the alternate members first appointed exceed two years.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to his/her official tenure or if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's 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
occurs first.[1]
(2)
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he/she is no longer
a member of such other body or at the completion of his Class IV term,
whichever occurs first.
[Amended 4-9-1996 by Ord. No. 3-1996]
(3)
The terms of all Class IV members first appointed
pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be evenly distributed over the first four years after their
appointment; 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 Planning Board, all of whom
shall continue in office until the completion of the term for which
they were appointed. Thereafter, all Class IV members shall be appointed
for terms of four years, except as otherwise herein provided. All
terms shall run from January 1 of the year in which the appointment
was made.
(4)
The terms of alternate members shall be two years,
except that the terms of the alternate members shall be such that
the term of not more than two alternate members shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.[2]
(5)
Alternate members may participate in discussions of
the proceedings, but may not vote except in the absence or disqualification
of a regular member on any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
C.
Conflicts. No member or alternate member of the Planning
Board shall be permitted to act on any matter in which he/she has,
either directly or indirectly, any personal or financial interest.
D.
Vacancies. 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.
E.
Removal. Any member, other than a Class I member,
after a public hearing if he/she requests one, may be removed by the
City Council for cause.
F.
Organization of Board. The Planning 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 Planning Board or a
municipal employee designated by it.
G.
Planning Board Attorney. There is hereby created the
office of Planning Board Attorney. The Planning Board may annually
appoint, fix the compensation of or agree upon the rate of compensation
of the Planning Board Attorney, who shall be an attorney other than
the City Solicitor.[3]
H.
Expenses, experts and staff. The City Council shall
make provisions in its budget and appropriate funds for the expenses
of the Planning Board. The Planning Board may employ or contract for
the services of experts and other staff and services as it may deem
necessary. The Planning Board shall not, however, exceed the amount
appropriated by the City Council for its use, exclusive of gifts or
grants.
I.
Powers and duties. The Planning 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
the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et
seq.) shall apply. The Planning Board shall have the following powers
and duties:
(1)
To prepare and, after public hearing, adopt or amend
a Master Plan or component parts thereof, to guide the use of lands
within the City in a manner which protects public health and safety
and promotes the general welfare, in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer site plan and land subdivision review
in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37
through 40:44D-59.
(3)
To grant exceptions from certain requirements for
subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4)
To approve conditional use applications in accordance
with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5)
Prior to the adoption of a development regulation,
including this chapter, revision, or amendment thereto, the Planning
Board shall make and transmit to the City Council, within 35 days
after referral, a report including identification of any provisions
in the proposed development regulations, revision or amendment which
are inconsistent with the Master Plan and recommendations concerning
these inconsistencies and any others as the Planning Board deems appropriate.
The City Council, when considering the adoption of a development regulation,
revision or amendment thereto, shall review the report of the Planning
Board and may disapprove or change any recommendations by a vote of
a majority of its full authorized membership and shall record in its
minutes the reasons for not following such recommendations. Failure
of the Planning Board to transmit its report within the thirty-five-day
period shall relieve the City Council from the requirements of this
subsection in regard to the proposed development regulation, revision
or amendment thereto referring to the Planning Board. Nothing in this
section shall be construed as diminishing the application of N.J.S.A.
40:55D-32 to any official map or amendment or revision thereto or
of N.J.S.A. 40:55D-62a to any zoning regulation or any amendment or
revision thereto.
(6)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(7)
To assemble data on a continuing basis as part of
a continuing planning process.
(8)
To annually review a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend same to the City Council pursuant to the provisions
of N.J.S.A. 40:55D-29.
(9)
Variances and other relief.
(a)
When reviewing applications for approval of
subdivision plats, site plans or conditional uses, to grant, to the
same extent and subject to the same restrictions as the Zoning Board
of Adjustment:
[1]
Variances pursuant to N.J.S.A. 40:55D-70(c).
[2]
Direction pursuant to N.J.S.A. 40:55D-34 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 N.J.S.A. 40:55D-32.
[3]
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
(b)
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.
(c)
Expiration of variance. Any variance hereafter granted by the
Planning Board permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
expire by limitation unless such construction or alteration shall
been actually commenced on each and every structure permitted by said
variance, or unless such development has actually been commenced within
18 months from the date of publication of the notice of the judgment
or determination of the Planning 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 Planning
Board to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding. The Planning Board may,
for good cause, extend the time period for a period not to exceed
six months. In no case shall the Board grant more than two such extensions.
Where subdivision or site plan approval is required, the period of
time for commencement of the development specified by the Planning
Board shall be the same as the period of time for which other rights
are conferred upon the applicant by such subdivision or site plan
approval pursuant to the provisions of this chapter.
[Amended 10-9-2012 by Ord. No. 9-2012]
(10)
To review capital projects pursuant to N.J.S.A. 40:55D-31.
(11)
To approve planned developments in order to encourage
and promote flexibility and economy in layout and design in accordance
with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39,
Discretionary contents of ordinance, and to grant approvals to general
development plans consistent with the provisions of N.J.S.A. 40:55D-45.
[Amended 10-8-1991 by Ord. No. 21-1991]
(12)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the City Council for the aid and
assistance of the City Council or other City bodies, agencies, or
officers.
(13)
The City Council may, by ordinance, provide for the
reference of any matters or class of matters to the Planning Board
before final action thereon by a municipal body or municipal officer
having final authority thereon. Such reference shall not extend the
time for action by the referring body, whether or not the Planning
Board has submitted its report. Whenever the Planning Board shall
have made a recommendation regarding a matter authorized by ordinance
to another municipal body, such recommendation may be rejected only
by a majority of the full membership of such other body.
[Amended 4-24-2012 by Ord. No. 3-2012]
J.
Citizens Advisory Committee. The Mayor may appoint
one or more persons as a Citizens Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power to vote or take other action required
by the Board. Such person or persons shall serve at the pleasure of
the Mayor.
K.
Simultaneous review. The Planning Board shall have
the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board,
or the Planning Board being required to hold further hearings. The
longest time period for action by the Planning Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
L.
Conditional uses. The Planning Board shall grant or
deny an application for a conditional use within 95 days of submission
of a complete application by a developer to the administrative officer,
or within such further time as may be consented to by the applicant.
The review by the Planning Board of a conditional use may also include
site plan review. The time period for approval by the Planning Board
of conditional uses shall apply to such site plan review.
M.
Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and Subsection I(9) of this section, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. Application for variances, conditional uses and/or directive for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, preliminary subdivision plat, or preliminary site plan.
N.
Periodic reexamination. The City Council shall, for
the extent and frequency required by law, provide for a general reexamination
of the Northfield Master Plan and development regulations by the Planning
Board, which shall prepare and adopt by resolution a report on the
findings of such reexamination, a copy of which report and resolution
shall be sent to the Atlantic County Planning Board and the Municipal
Clerks of each adjoining municipality. The reexamination report shall
state:
(1)
The major problems and objectives relating to land
development in the City at the time of the adoption of the last reexamination
report.
(2)
The extent to which such problems and objectives have
been reduced or have increased subsequent to such date.
(3)
The extent to which there has been significant change
in the assumptions, policies and objectives forming the basis for
the Master Plan and development regulations as last revised, with
particular regard to the density and distribution of population and
land uses, housing conditions, circulation, conservation of natural
resources, energy conservation, and changes in state, county and City
policies and objectives.
(4)
The specific changes recommended for the Master Plan
or development regulations, if any, including underlying objectives,
policies and standards, or whether a new plan or regulation should
be prepared.
O.
Exercise of powers of a Board of Adjustment.
[Added 4-9-1996 by Ord. No. 3-1996]
(1)
The City of Northfield hereby exercises the option provided by N.J.S.A.
40:55D-25C, to have the Planning Board exercise all the powers of
a Board of Adjustment. The Planning Board shall exercise, to the same
extent and subject to the same restrictions, all the powers of a Board
of Adjustment; but the Class I and the Class III members shall not
participate in the consideration of applications for development which
involve relief, pursuant to Subsection d of Section 57 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-70).
(2)
Whenever relief is requested in a matter in which the Planning Board
exercises, to the same extent and subject to the same restrictions,
any of the powers and duties of a Board of Adjustment, pursuant to
N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application
for development shall include reference to the request for variance
or direction for issuance of a permit, or other relief, as the case
may be.
[Amended 4-9-1996 by Ord. No. 3-1996]
A.
The City of Northfield hereby exercises the option provided by N.J.S.A.
40:55D-25c, and accordingly, the Zoning Board of Adjustment is hereby
terminated; provided, however, in accordance with N.J.S.A. 40:55D-72.1,
that any application for development submitted to the Zoning Board
of Adjustment pursuant to lawful authority before the effective date
of this chapter may be continued at the option of the applicant, and
the Board of Adjustment shall have every power which it possessed
before the effective date of the ordinance in regard to the application.
B.
When necessary for the purposes of implementing this chapter and
the election to have the Planning Board exercise, to the same extent
and subject to the same restrictions, all the powers of a Board of
Adjustment, the term "Planning Board" shall be substituted for the
term "Zoning Board of Adjustment" or equivalent in each and every
instance where "Zoning Board of Adjustment" or equivalent appears
in any City of Northfield ordinance, resolution, rule, regulation
or amendments thereto.
C.
Where the substitution of "Planning Board" for "Zoning Board of Adjustment"
or equivalent results in an apparent duplication, redundancy, or conflict
in any ordinance, resolution, rule or regulation, the same shall be
liberally construed and interpreted in accordance with the intent
and purpose of N.J.S.A. 55D-25c as adopted herein, whereby the Planning
Board replaces and to the same extent and subject to the same restrictions
exercises all the powers of the Zoning Board of Adjustment.
A.
Meetings.
(1)
Every municipal agency shall, by its rules, fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the municipal
agency shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
(2)
The municipal agency may provide for special meetings,
at the call of the Chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
(3)
No action shall be taken at any meeting without a
quorum being present.
(4)
All actions shall be taken by majority vote of a quorum
except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62,
40:55D-63 and 40:55D-17, Subsection e, 40:55D-26, Subsection a, 40:55D-26,
Subsection b, and 40:55D-70, Subsection d. Failure of a motion to
receive the number of votes required to approve an application for
development shall be deemed an action denying the application. Nothing
herein shall be construed to contravene any act providing for procedures
for governing bodies.
(5)
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,
N.J.S.A. 10:4-6 et seq.
(6)
An executive session for the purpose of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of N.J.S.A. 40:55D-1
et seq.
B.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, 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 administrative officer (Planning Board Secretary).
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction of the minutes for his/her
use.[1]
C.
Hearings.
(1)
Required hearings. The Planning Board shall hold a
hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board
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 this chapter.
(3)
Filing of documents. 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
(Planning Board Secretary). The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
(4)
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, N.J.S.A. 2A:67A-1 et seq., shall apply.
(5)
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 witness.
(6)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Verbatim recording. The municipal agency shall provide
for the verbatim recording of the proceedings by either a stenographer
or by mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request, to
any interested party at his/her expense.
(8)
Transcript charge. The municipal agency, in furnishing
a transcript of the proceeding to an interested party at his/her expense,
shall not charge such interested party more than the maximum permitted
in N.J.S.A. 2B:7-4, as amended. Said transcript shall be certified
in writing by the transcriber to be accurate.[2]
(9)
Voting eligibility. A member or alternate member of
a municipal agency who was absent for one or more of the meetings
at which a hearing was held shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her absence
from one or more of the meetings; provided, however, that such board
member or alternate member has available to him or her the transcript
or recordings of all of the hearings from which he or she was absent,
and certifies in writing to the municipal agency that he or she has
read such transcript or listened to such recording.
D.
Notice requirements for hearing. Whenever public notice
of a hearing is required on an application for development, the applicant
shall give notice thereof at least 10 days prior to the date of the
hearing in accordance with the following:
(1)
Public notice of a hearing on an application for development
shall be given for all of the following:
(2)
Public notice shall be given by publication in the
official newspaper of the City, if there be one, or in a newspaper
of general circulation in the City.
(3)
Notice of a hearing requiring public notice pursuant to Subsection D(1) 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, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. 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 is not required.
(a)
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 a 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 areas.
(4)
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 D(3) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice of a hearing on all applications 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 municipal boundary
shall be given by personal service or certified mail to the County
Planning Board.
(6)
Notice of a hearing on any application for development
of property adjacent to a state highway shall be given by personal
service or certified mail to the Commissioner of the New Jersey Department
of Transportation.
(7)
Notice of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units 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. Such notice shall include a copy of any maps or documents
required to be on file with the administrative officer pursuant to
N.J.S.A. 40:55D-10b.
(8)
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and Subsection D of this section.
(9)
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.
(10)
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
at which any maps and documents for which approval is sought are available
for public inspection as required by law.
(12)
List of property owners furnished. Upon the written request of an applicant, the administrative officer (Tax Assessor) 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 pursuant to Subsection D(3) of 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. A fee of $0.25 per name, or $10, whichever is greater, shall be charged for such list.
E.
Decisions. Each decision on any application for development
shall be reduced to writing and shall include findings of facts and
conclusions based thereon.
(1)
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within
the applicable time period for taking on the application for development;
or
(b)
A resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which action to grant
or deny approval was taken memorializing said action.
(2)
Where the agency fails to adopt a resolution, any
interested party may apply to the Superior Court in a summary manner
for an order compelling the agency to reduce its findings and conclusions
to writing within a stated time, and the cost of the application,
including attorney's fees, shall be assessed against the City.
(3)
The following members shall be eligible to vote on
the resolution:
(a)
Where the action taken resulted from the failure of a motion to approve an application pursuant to Subsection A(4) of this section, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members
who voted for the action taken shall be eligible to vote on the resolution.
(4)
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to
be a memorialization of the action of the municipal agency and not
to be an action of the municipal agency.
(b)
The vote of a majority of those eligible members
who are present at the meeting at which the resolution is presented
for adoption shall be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall
constitute the date of the decision for purposes of the mailing, filings,
and publications required.
(5)
Copies of the decision shall be distributed by the
administrative officer (Planning Board Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the
date of decision to the applicant, or if represented, then to his
attorney, without separate charge.
(b)
A copy shall be filed in the office of the administrative
officer and be made available for public inspection during reasonable
hours.
(c)
A copy shall be made available to any interested
party for a reasonable fee in an amount sufficient to cover the cost
of such copy.
(6)
A brief notice of the decision shall be published
in the official newspaper(s) of the City.
(a)
Such publication shall be arranged and proof
of publication shall be obtained by the administrative officer (Planning
Board Secretary). Nothing herein shall be construed as preventing
the applicant from arranging such publication if he so desires. The
period of time in which an appeal of the decision may be made shall
run from the first publication of the decision.
(b)
Such notice shall be published within 30 days
of the date of decision, or 20 days of the date of mailing of a copy
of the decision of the administrative officer (Planning Board Secretary),
whichever is later, or within such other appropriate period as may
be determined by the municipal agency at the time of decision.
F.
Conditional approvals.
(1)
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the municipal agency shall process
such application for development in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application
for development complies with the provisions of this chapter, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
(2)
In the event that development proposed by an application
for development requires an approval of a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within
an extension of such period as has been agreed to by the applicant
unless the municipal agency is prevented or relieved from so acting
by the operation of law.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the municipal agency shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
(4)
The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.
(5)
In all cases, the municipal agency shall include a
condition of approval setting forth the time within which all conditions
of approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the municipal agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.
G.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
H.
Payment of taxes. 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 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 the 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.
I.
Appeals. Any interested party may appeal the decision
of the Planning Board granting final approval to an application for
development pursuant to N.J.S.A. 40:55D-70d to a court of competent
jurisdiction. Such appeal shall be made in accordance with the provisions
of N.J.S.A. 40:55D-17.
J.
Time for decision. After the date on which an appeal
is taken from the decision of a municipal officer or a complete application
for development is submitted to the administrative officer, the approving
authority shall render its decision within the maximum number of days
as specified below or within such further time as may be consented
to by the applicant. Where more than one type of application involved,
the longer time period shall apply.
|
Type of Application
|
Time Period
(days)
| |||
|---|---|---|---|---|
|
Site plans
| ||||
|
Minor
|
45
| |||
|
Preliminary approval (10 acres or less, 10 units
or less)
|
45
| |||
|
Preliminary approval (more than 10 acres or
10 units)
|
95
| |||
|
Final approval
|
45
| |||
|
Subdivisions
| ||||
|
Minor
|
45
| |||
|
Preliminary approval (10 lots or less)
|
45
| |||
|
Preliminary approval (more than 10 lots)
|
95
| |||
|
Final approval
|
45
| |||
|
Conditional use authorization
|
95
| |||
|
Variance
|
120
| |||
|
Appeal from the decision of a municipal officer
|
120
| |||
|
Direction for issuance of a building permit
|
120
| |||
K.
Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection J above.
A.
Development permit.
(1)
Development permits shall hereafter be secured from
the administrative officer (Zoning Officer) prior to:
(a)
Filing of (or recording a deed of) or resubdivision
of any land.
(b)
Application for and/or issuance of any building
permit.
(c)
The erection, construction, alteration, repair,
remodeling, conversion, moving, removal or destruction of any building
or structure.
(d)
Application for and/or issuance of any permit
for a new or expanded or relocated sign.
(e)
Application for and/or issuance of any permit
for erection of a fence in conjunction with any non-farm use.
(f)
Any change in use or occupancy (as herein defined)
of any building, structure or land.
(g)
Any alteration exceeding 1,000 square feet in
the natural condition of any undeveloped parcel of land, including
but not limited to the alteration of drainage patterns, removal of
soil, regrading, and removal of trees and ground cover provided.
(h)
Any use of any portion of any parcel of land
for any activity regulated by this chapter.
(i)
The construction of any site improvement either
above or below ground.
(j)
The issuance of any certificate of occupancy
where no building permit was previously required.
(k)
The excavation, removal, or addition of soil
or fill exceeding 10 cubic yards to or from any site.
(l)
Establishment of a home occupation.
(m)
Establishment of a group family home.
(2)
Prior to issuance of a development permit, the applicant
shall have secured, where applicable, other required permits, including,
but not limited to:
(a)
Access permit from the New Jersey Department
of Transportation and/or Atlantic County Engineering Department.
(b)
Drainage permits from the New Jersey Department
of Transportation.
(c)
Stream encroachment permit from the New Jersey
Department of Environmental Protection.
(d)
Coastal Area Facilities Review Act (CAFRA) permit
from the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department
of Environmental Protection.
(f)
Riparian construction permit from the New Jersey
Department of Environmental Protection.
(g)
Required permits from the U.S. Army Corps of
Engineers and U.S. Coast Guard.
(h)
Sewerage and/or industrial waste treatment permit
from the New Jersey Department of Environmental Protection.
(i)
Land disturbance permit from the Cape Atlantic
Area Conservation District.
(3)
Prior to the issuance of a development permit, the
applicant shall have secured all approvals required by this chapter
and shall have met any and all conditions of any municipal agency
approval.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision three years preceding the
effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing
to the administrative officer (Zoning Officer) for issuance of a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name and the owner thereof.
(2)
The administrative officer (Zoning Officer) shall
make and issue such certificate within 15 days after the receipt of
such written application and the fees therefor. Said officer shall
keep a duplicate copy of each certificate, consecutively numbered,
including a statement of the fee charged, in a binder as a permanent
record of his office.
(3)
Each such certificate shall be designated as "Certificate
as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the City a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the
land shown in said application, has been approved by the Planning
Board, and, if so, the date of such approval and any extensions and
terms thereof, showing the subdivision of which the lands are a part
is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not
been approved, is statutorily exempt from the requirement of approval
as provided by N.J.S.A. 40:55D-1 et seq.
(4)
The administrative officer (Zoning Officer) shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15 in accordance with § 215-17. The fees so collected by such official shall be paid to the City.
(5)
Any person who shall acquire for a valuable consideration
an interest in the lands covered by such certificates of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the City pursuant to the provisions
of N.J.S.A. 40:55D-55.
(6)
Any such application addressed to the City Clerk shall
be deemed to be addressed to the proper designated officer and the
City shall be bound thereby to the same extent as though the same
was addressed to the designated official.
(7)
Every certificate issued shall also state on its face,
in bold type, that:
|
"THIS CERTIFICATE IS SUBJECT TO CHANGES IN THE NORTHFIELD CITY LAND USE AND DEVELOPMENT ORDINANCE AS PROVIDED IN § 215-14 OF SAID ORDINANCE.
| |
|
THIS CERTIFICATE DOES NOT SIGNIFY CONSTRUCTION
CODE REVIEW OR BUILDING APPROVAL AND DOES NOT CONSTITUTE AUTHORIZATION
TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER
IS REQUIRED.
| |
|
BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE
IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE
OF OCCUPANCY MUST BE OBTAINED.
| |
|
THIS CERTIFICATE DOES NOT SUBSTITUTE FOR A BUILDING
PERMIT, MERCANTILE LICENSE, CERTIFICATE OF OCCUPANCY OR ANY ADDITIONAL
LOCAL, STATE OR FEDERAL PERMITS WHICH MAY BE REQUIRED."
|
C.
Soil erosion and sediment control plan certification.
Where required, a soil erosion and sediment control plan certification
shall be obtained from the Cape Atlantic Area Conservation District
prior to subdivision or the erection of any structure or the alteration
of the existing grade on any lot. No such certification shall be valid
until a development permit shall have first been issued for the subdivision,
building, structure or use.
D.
Building permit. No building or structure shall be
erected, restored, added to, or structurally altered until a permit
therefor has been issued by the Construction Official. All applications
for such permits shall be in accordance with the requirements of the
New Jersey State Uniform Construction Code. No building permit shall
be issued unless the applicant shall have first secured a development
permit.
E.
Location survey. A location survey drawn by a licensed
professional land surveyor shall be furnished to the Construction
Official no later than the time of completion of the foundation of
any structure being erected as proof that the location of such structure
being erected conforms to the approved site plan or the building line
requirements of this chapter of exempted site plan approval.
F.
Certificate of occupancy.
(1)
Development permit required. No certificate of occupancy
shall be issued for the use of any building, structure or land unless
a development permit shall have first been issued for the use of such
building, structure, or land.
(2)
New uses. No building, structure or land shall be
occupied or used until such time as a certificate of occupancy is
issued by the Construction Official.
(a)
Such certificates shall be issued upon application
by the owner, prospective occupant, or purchaser only after the Construction
Official determines that the facts represented on the application
are correct and that the building, structure or use is in conformance
with the provisions of the Uniform Construction Code and other codes
and ordinances affecting construction and occupancy.
(3)
Existing uses at the time of passage of this chapter.
Upon written request from the owner, tenant, occupant, or purchaser
under contract, the Construction Official, after inspection, shall
issue an occupancy permit for a use legally existing at the time this
chapter is made effective, certifying the extent and kind of use and
whether any such existing use conforms with the provisions of this
chapter.
(4)
Change of use. Whenever there occurs a change in the
occupancy or use (as herein defined) of a nonresidential building,
structure and/or land, a new certificate of occupancy shall be applied
for to ensure compliance with all applicable codes and ordinances.
The Construction Official may issue that such change in occupancy
or use is not a "change in use" as herein defined and determines,
therefore, that a development permit is not required, provided that
the applicant has met the requirements of the applicable regulations.
(5)
Scope of certificate of occupancy. The certificate
of occupancy shall contain sufficient information as to the extent
and kind of use or uses, such that any future investigation of the
premises would disclose the extent to which a use was altered. It
shall also indicate whether such use is a permitted or nonconforming
use and the extent to which the use does not conform to the provisions
of this chapter.
(6)
Improvement required. No permanent certificate of
occupancy shall be issued until all required improvements have been
installed in accordance with the provisions of this chapter. A temporary
certificate of occupancy may be issued to permit occupancy for a period
not to exceed one year. If at the end of that period the required
improvements have not been completed, the occupancy permit becomes
null and void and the owner may be subject to the penalties herein
defined by this chapter.
A.
It shall be the duty of the administrative officer
(Planning Board Secretary and Zoning Officer) to keep a record of
all applications, all actions of the municipal agencies, all complaints,
all violations noted and a record or any action taken thereon and
all development permits issued, together with a notation of all special
conditions involved. He/She shall file and safely keep all copies
of all plans submitted, and the same shall form a part of the records
of his office and shall be available for the use of the City Council
and of other officials of the City.
B.
The administrative officer (Planning Board Secretary
and Zoning Officer) shall prepare a monthly report for the City, summarizing
for a period since the last previous report all development permits
issued and all complaints of violations and the action consequently
taken thereon. A copy of each such report shall be filed with the
City Clerk, Tax Assessor, Planning Board, Code Enforcement Officer,
Construction Official and Engineer at the same time it is filed with
the City Council.
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the administrative
officer (Zoning Officer), who shall have such powers as are conferred
by this chapter, and as reasonably may be implied. The administrative
officer (Zoning Officer) shall be appointed by the Mayor. In no case
shall a development permit be granted for a subdivision or the construction
of or alteration of any building or site where the proposed construction,
alteration or use thereof would be in violation of any provisions
of this chapter. It shall be the duty of the administrative officer
(Zoning Officer) to cause any building, plans or premises to be inspected
or examined and to order in writing the remedying of any conditions
found to exist in violation of this chapter, and the officer shall
have the right to enter any buildings or premises during the daytime,
or other normal business hours of the premises, in the course of performing
these duties.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience, and general welfare of the City. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
or those imposing the higher standard shall govern.[1]
A.
For any and every violation of the provisions of this
chapter, the applicant, subdivider, developer, owner, general agent
or contractor of a building or premises where such violation has been
committed or shall exist, and the lessee or tenant of an entire building
or entire premises where such violations have been committed or shall
exist, and the owner, general agent, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation continues, be subject to one or more of the
following: a fine of not more than $2,000, imprisonment for a term
not exceeding 90 days, or a period of community service not to exceed
90 days, except that failure to remove political signs after three
days shall be in accordance with § 215-114F(17) of this
chapter.[1]
B.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by this chapter pursuant
to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty
not to exceed $1,000 and each lot so dispositioned may be deemed a
separate violation.
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
C.
If, after final approval, it is discovered that there
was any misrepresentation of any statements or proofs contained in
any plat or in any application for approval or in any representations
made to induce approval, the municipal agency or the City Council
may, in addition to such other sanctions as are available in the law,
revoke the approval of any plat and proceed as if final approval had
not been obtained.
D.
If the developer or agent of the developer shall, after notification by certified mail from the City Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, continue to carry on the activities specifically included in the cessation order(s) from the City Engineer, then any such developer or agent of such developer shall be subject to the penalties in Subsection A of this § 215-13. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the City Engineer shall be considered a separate and specific violation.[2]
All amendments to this chapter and to the Zoning
Map and schedule, which form a part hereof, shall be adopted in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
The Map and Schedule of Area, Yard and Building Requirements may be
amended and supplemented by description and reference thereto, without
republication of the entire Zoning Map or detailed text of the schedule.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices; the Schedule of Yard, Area and Building Requirements is included at the end of this chapter. Original Section 3.11 of the 1986 Zoning Ordinance, Validity of ordinance, which followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A.
After the effective date of the ordinance adopting
this chapter, all new applications for development shall be subject
to the provisions of this chapter. Within 45 days of submission of
any application for development, the administrative officer shall
notify the developer in writing if an application for development
is found to be incomplete or it shall be deemed to be properly submitted
and constitute a complete application 45 days after the submission.
If a developer is notified that an application for development is
incomplete, the administrative officer shall further notify the developer
within 45 days of submission of all the additional plans and supporting
documentation requested if an application for development is still
found to be incomplete or it shall be deemed to be properly submitted
and constitute a complete application 45 days after submission of
all the additional plans and supporting documentation requested.
B.
All applications for development filed prior to the
effective date of this chapter may be continued, subject to the following:
(1)
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2)
If the developer does not notify the municipal agency
that he desires the application for development to be considered within
the time limits set forth in this chapter, such application for development
shall be processed and acted upon pursuant to the procedures heretofore
in effect at the time of such application.
(3)
All approvals granted after the effective date of
this chapter shall confer upon the applicant all the rights set forth
in this chapter.
Upon adoption of this chapter or other development
regulations, except for an Official Map, and any amendments thereto,
the City Clerk shall file a copy of this chapter and any amendments
thereto with the Atlantic County Planning Board as required by N.J.S.A.
40:55D-16. Development regulations, except for an Official Map, shall
not take effect until a copy thereof shall be filed with the Atlantic
County Planning Board. A land use and development (zoning) ordinance
or amendment or revision thereto which in whole or in part is inconsistent
with or not designated to effectuate the land use required by N.J.S.A.
40:55D-62 shall be filed with the Atlantic County Planning Board.
An Official Map shall not take effect until filed with the county
recording Officer. Copies of all development regulations and any revisions
or amendments thereto shall be filed and maintained in the office
of the City Clerk.
[Amended 10-8-1991 by Ord. No. 21-1991; 4-24-2001 by Ord. No. 8-2001]
A.
The developer shall, at the time of filing an application, pay a
nonrefundable fee to the City of Northfield by cash, certified check,
or bank draft in accordance with the current fee schedule adopted
by the City Council on file in the City Clerk's office. The fee to
be paid shall be the sum of fees for the component elements of the
plat or plan. Proposals requiring a combination of approvals such
as subdivision, site plan, and/or variance, shall pay a fee equal
to the sum of the fee for each element, except in cases where a preliminary
and final application is applied for and decided by the Planning Board
at the same time, in which case the greater of the two fees shall
be paid. Additional fees may be assessed for extraordinary review
costs not otherwise covered herein.
[Amended 10-9-2012 by Ord. No. 9-2012]
B.
In addition to the required review fees set forth in Subsection B(21) (unless otherwise specifically excepted), all fees shall be calculated as follows:
(4)
Site plan application, major and minor:
(a)
Each informal review: $250, plus $5 for each
100 square feet of building area up to 2,000 square feet and $2.50
for each additional 200 square feet or fraction thereof.
(b)
Preliminary application fee, nonresidential:
$500, plus $50 for building area up to 2,000 square feet, and $25
for each additional 200 square feet or fraction thereof.
(c)
Final application fee: $500.
(5)
Appeals from the decision of an administrative officer
pursuant to N.J.S.A. 40:55D-70a: $500 for nonresidential, and $250
for residential.
(6)
Request for interpretation pursuant to N.J.S.A. 40:55D-70b:
$250. If the interpretation request is accompanied by a variance request,
the fee for the variance shall apply.
(7)
Request for variance pursuant to N.J.S.A. 40:55D-70c:
$300 for one variance; $100 for each additional; $75 for each lot
subject to the variance.
(8)
Request for variance pursuant to N.J.S.A. 40:55D-70d:
$1,000; $200 for each additional; $150 for each lot subject to the
variance.
(9)
Conditional uses: $500.
(10)
Environmental impact report (EIR). For those development applications which require review of an EIR pursuant to § 215-94: $500 in addition to professional escrow fee.
(11)
Publication fee: $50.
(12)
Waiver of site plan fee: $500.
(13)
Continuance (unless at the direction of the
Board), in addition to other applicable fees: $250 for each continuance.
(14)
Request for extension of time within which any
variance must be exercised (per request): $250.
(16)
Withdrawal of any other application more than
10 days before the scheduled hearing date (not including the date
of hearing): $100; if within 10 days, but more than 24 hours prior
to the scheduled hearing (not counting the date of the hearing): $100.
(17)
All fees previously deposited for withdrawn
applications shall not be refunded unless the withdrawal is properly
made more than 24 hours prior to the hearing (not counting the date
of the hearing). Professional review fees are not subject to refund
pursuant to this subsection but are subject to the subsections specially
relating thereto.
(18)
All other applications not specifically mentioned
herein: $500 for commercial applications, and $250 for noncommercial
applications.
(21)
Professional review costs.
(a)
Professional review costs for planner, engineer,
attorney, or other professional retained on behalf of the City of
Northfield for the purpose of reviewing, analyzing, inspecting, research,
or preparation of documents. The applicant shall be responsible for
payment of all such costs incurred. The applicant shall, at the time
of filing an application, be required to post the following minimum
amounts:
[1]
Request for interpretation pursuant to N.J.S.A.
40:55D-70b: $250. If the interpretation request is accompanied by
a variance request, the review fee for the variance shall apply.
[2]
Minor subdivision application involving no variances
or exceptions, including any application for waiver of site plan approval:
$500.
[3]
Appeals from the decision of an administrative
officer pursuant to N.J.S.A. 40:55D-70a: $500.
[4]
Request for a variance pursuant to N.J.S.A.
40:55D-70c: $500.
[5]
Request for a variance pursuant to N.J.S.A.
40:55D-70d: $1,000.
[6]
All other noncommercial applications: $250.
[7]
All other commercial applications: $500.
(b)
Review fees shall be held and disbursed according
to the law by the City Treasurer at the direction of the Planning
Board Secretary. An accounting shall be kept of each applicant's deposit,
and professional fees shall be paid from the account and charged to
the applicant. Any monies not expended for professional services shall
be returned to the applicant upon final approval, denial or withdrawal
of the application. If, at any time during the procedure, the monies
posted shall have been expended, the applicant shall be required to
post such additional sums not to exceed the amount of the initial
payment for each replenishment.
(c)
The applicant shall not be entitled to proceed
with the application until such time as the necessary monies have
been posted to guarantee payment of professional service fees.
(22)
Bonding and inspection fees for off-site public
improvements. When any development proposal approved by the municipal
agency includes the construction of off-site public improvements,
the developer, owner, or applicant shall submit a performance bond
in the amount of 120% of the estimated construction cost and pay to
the City of Northfield, prior to the issuance of any development permit
or the start of construction, inspection fees equal to 5% of the bond
amount. Note: The minimum inspection fee shall be $250.
(23)
Bonding and inspection fees for a major subdivision.
(a)
A required performance bond in the amount of
120% of the estimated construction cost and inspection fees equal
to 5% of the bond amount shall be submitted and paid prior to the
issuance of a development permit or signing of a final plat or, when
authorization has been granted pursuant to the provisions of this
chapter, prior to the start of construction of any improvements before
final plat approval. Such bonding and fees shall be paid for the lots
in the section or sections for which final approval has been granted
or in which the developer proposes to install improvements prior to
final approval in accordance with the following:
(b)
In the event the developer does not continue
to retain a supervising engineer throughout construction or the supervising
engineer does not properly perform the duties set forth in this chapter,
the developer shall be required to pay an amount equal to the difference
in the above two schedules prior to issuance of a certificate of occupancy
of acceptance of improvements.
(24)
Inspection fees for minor and major site plans.
(a)
A required performance bond in the amount of
120% of the estimated construction cost and inspection fees equal
to 5% of the bond amount shall be submitted and paid prior to issuance
of a development permit or signing of a final plat or, when authorization
has been granted pursuant to the provisions of this chapter, prior
to the start of construction of any improvements before final plat
approval. Such fees shall be paid for the section or sections for
which final approval has been granted or in which the developer proposes
to install improvements prior to final approval in accordance with
the following:
(b)
In the event the developer does not continue
to retain a supervising engineer throughout construction or the supervising
engineer does not properly perform the duties set forth in this chapter,
the developer shall be required to pay an amount equal to the difference
in the above two schedules prior to issuance of a certificate of occupancy.
(25)
Tax map revision fees. A fee of $100 or $10
per lot, whichever is greater, shall be charged for minor subdivisions
and final plats of major subdivisions to cover the cost of the City
Clerk obtaining a reproducible original of the filed map and providing
for revisions of the City tax maps.
(26)
Revised plats. Any proposed revisions to a plat,
including all supporting maps and documents, previously approved by
the Planning Board, which approval is still in effect, shall require
submission of a revised plat and payment of fees in accordance with
the following:
(a)
Where changes in the plat are requested by the
Planning Board or City Engineer, no fees need to be paid and only
sufficient copies of the plat incorporating the changes as may be
necessary for distribution need be submitted.
(b)
Where there are only minor changes in the plat
proposed by the applicant or required by another governmental agency
where approval was a condition of the Planning Board approval, which
do not involve any additional building or parking or significant change
in the design of the site or subdivision, an application fee of $150
will be required, along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
(c)
Where there are changes in the plat proposed
by the applicant, or required by another governmental agency whose
approval was a condition of the Planning Board approval, which involve
additional building or parking or a significant change in the design
of the site or subdivision, an application fee equal to 1/2 the fee
required for the initial submission, based on the current fee schedule,
will be required, along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
(d)
Where the proposed changes involve a change
in use and/or major alteration of the design concepts of the plat
approved by the Planning Board, it shall be considered a new application
and shall require the full payment of fees as set forth herein.
(e)
Where revisions in the plat only involve additional
information required as a condition of a previous approval, no additional
fees shall be required.
(27)
Request for reapproval or extension of time.
The fee shall be equal to 1/4 the fee required for the initial submission
based on the current fee schedule.
(28)
Certificate as to approval of subdivision of
land: $175.
(29)
Certificate as to nonconforming use: $175.
(30)
Application for approval of general development
plan: $2,500.
