No member of the Planning Board or Zoning Board of Adjustment shall
be permitted to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall disqualify
himself from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter, nor shall he participate in any discussion
or decision relating thereto.
[Added 7-2-1984 by Ord. No. 4902-84; amended 5-1-1990 by Ord. No. 5414-90; 6-1-2004
by Ord. No. 6415-04]
An application for development shall be complete for purposes of commencing
the applicable time period for action by both the Planning Board and Zoning
Board of Adjustment, when all of the requirements of the checklist on file
in the office of the Zoning Officer are satisfied. In the event that the Board,
committee or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period, unless the application lacks information indicated
on the checklist, and the Board or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may request
that one or more of the submission requirements be waived, in which event
the Board or its authorized committee shall grant or deny the request within
45 days. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled to approval
of the application. The Board may subsequently require correction of any information
found to be in error and submission of additional information not specified
in the ordinance or any revisions in the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the Board.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by attorney, the action taken by the Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours, upon reasonable
notice at the office of the City Clerk. Any interested party shall have the
right to compel production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board or in any applicable ordinance.
[Amended 6-21-1977 by Ord.
No. 4404-77; 8-2-1977 by Ord.
No. 4418-77; 12-16-1986 by Ord.
No. 5127-86]
A. Fees for applications or for the rendering of service
by the Planning Board or Zoning Board of Adjustment shall be as follows:
[Amended 7-20-1999 by Ord. No. 6067-99; 5-16-2000 by Ord.
No. 6133-00; 6-1-2004 by Ord. No. 6415-04]
(1) Application for minor subdivision (up to three lots):
$250.
(2) Application for preliminary major subdivision: $500,
plus $75 per lot.
(3) Application for final major subdivision: 50% of preliminary
major subdivision fee.
(4) Sketch plat or classification: $50 per lot; minimum fee,
$100.
(5) Planned unit development/general development plan: $1,000,
plus site plan/subdivision fee.
(6) Application for a conditional use: $250, plus site plan
fee.
(7) Application for a use variance:
(a) Residential dwellings: $350, plus site plan/subdivision
fee.
(b) Nonresidential structures: $500, plus site plan/subdivision
fee.
(8) Application for bulk variance:
(a) Residential dwellings: $200.
(b) Nonresidential structures: $250.
(9) Interpretation of Zoning Map or Zoning Ordinance or an
appeal of the decision of the Zoning Officer: $250.
(10) Any meeting on an application which is held on a date
other than the date of a regularly scheduled meeting: $500. In addition, the
fee for the Principal Planner shall be $48 per hour or any part thereof.
(11) Notwithstanding anything herein to the contrary, the
fee for the application for a shed or accessory building: $20.
(12) Request for Master Plan amendment or zoning change: $250.
B. Whenever, under the provisions of this chapter, or the
Municipal Land Use Law, a list of property owners is requested and/or required, the person
applying therefor shall pay to the City Clerk for the use of the City a nonrefundable
fee for the preparation of said list a sum not to exceed $0.25 per name or
$10, whichever is greater.
C. Whenever, under the provisions of this chapter or the
Municipal Land Use Law, completion of a checklist is required for the submission
of an application for development, the person applying therefor shall pay
to such professional planner, consultant or advisor hired by the approving
authority to review such checklist a fee for review equal to the hourly rate
contracted for between such professional planner, consultant or advisor and
the approving authority.
[Added 5-1-1990 by Ord. No.
5414-90]
[Amended 3-1-1988 by Ord.
No. 5247-88]
Whenever a hearing is required on an application for development pursuant
to N.J.S.A. 40:55D-1 et seq. or an application for site plan review or pursuant
to the provisions of this chapter, the applicant shall give notice thereof
as follows:
A. Public notice shall be given by publication in the official
newspaper of the municipality at least 10 days prior to the date of the hearing.
B. Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing, and
whether located within or without the municipality in which the applicant's
land is located. Such notice shall be given by serving a copy thereof on the
owner as shown on said current tax duplicate or his agent in charge of the
property or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. A return receipt is
not required. Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment or by
law to accept service on behalf of the corporation.
C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown on
the Official County Map or on the County Master Plan, adjoining other county
land or situated within 200 feet of a municipal boundary.
E. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice shall
include a copy of any maps or documents required to be on file with the Municipal
Clerk pursuant to N.J.S.A. 40:55D-10.
G. All notices hereinabove specified in this section shall
be given at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding the hearing
on the application for development.
H. Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the property
proposed for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the Municipal Tax
Assessor's office and the location and times at which any maps and documents
for which approval is sought are available as required by law.
J. In the event that an application for development as above
identified involves the construction of 20 or more residential units, then
written notice of such application shall be sent by the Planning Board or
the Board of Adjustment, as the case may be, to the Clifton Board of Education.
[Added 8-2-1988 by Ord. No.
5282-88]
A brief notice of every final decision shall be published in an official
newspaper of the municipality. Such publication shall be arranged by the Secretary
of the Planning Board or the Secretary of the Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. Said notice
shall be sent to the official newspaper for publication by the City Clerk
within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65,
every application for development submitted to the Planning Board or to the
Zoning Board of Adjustment shall be accompanied by proof that no taxes or
assessments for local improvements are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes or assessments
are delinquent on said property, any approvals or other relief granted by
either Board shall be conditioned upon either the prompt payment of such taxes
or assessments, or the making of adequate provision for the payment thereof
in such a manner that the municipality will be adequately protected.