No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by a majority vote of the
members of the Board present at the meeting except as otherwise required
by N.J.S.A. 40:55D-1 et seq. or this chapter.
[Amended 3-17-1980 by Ord. No. 615]
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Ch. 231, Laws of N.J. 1975.[1] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F.
Pursuant to N.J.S.A. 40:55D-47, the Planning Board is hereby authorized to waive notice and public hearing for an application for development if the Planning Board or a Subdivision Committee of the Board appointed by the Chairman finds that the application for development conforms to the definition of "minor subdivision," as it is defined in N.J.S.A. 40:55D-5. Regardless of whether minor subdivision approval comes about by way of public hearing or as is hereinabove set forth, said approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or the said subcommittee may condition such approval on terms ensuring the provisions of improvements provided in Ch. 291, P.L. 1975, or amendments thereto.
G.
A member of a Board who is absent for one or more
meetings at which a hearing was held shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his
absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearings from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
[Added 3-17-1980 by Ord. No. 615]
Minutes of every regular, special or executive
session meeting shall be kept and shall include the names of the persons
appearing and addressing the Board and of the persons appearing by
an attorney; the action taken by the Board; and the findings, if any,
made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the
office of the Municipal Clerk. Any interested party shall have the
right to compel production of the minutes for use as evidence in any
legal proceeding concerning the subject matter of such minutes. Such
interested party may be charged a fee for reproduction of the minutes
for his use as provided for in the rules of the Board.
[Amended 10-17-1977 by Ord. No. 557; 3-17-1980 by Ord. No. 615; 3-17-1980 by Ord. No. 616; 7-6-1982 by Ord. No. 698; 8-9-1988 by Ord. No. 921; 5-22-1990 by Ord. No. 1001; 6-22-1999 by Ord. No. 1398; 6-27-2000 by Ord. No. 1426; 7-8-2003 by Ord. No. 1538; 2-22-2005 by Ord. No. 1599; 6-25-2013 by Ord. No. 1869]
A.
The application fees for sketch plats, major and minor
subdivisions, major and minor site plans and planned development applications
for hearings before the Planning Board and Zoning Board of Adjustment
shall be as follows: Escrow funds shall be used to reimburse professional
fees (engineering, legal, etc.), including meeting time, and additional
administrative costs over and above attendance at meetings and routine
administrative and office expense.
B.
Additional
escrow funds shall be required when the original amount has been depleted
by 50% and the development application is still in progress. The amount
of additional funds needed shall be determined by the Planning Board
Administrator.
C.
The following fees shall be required:
[Amended 11-10-2020 by Ord. No. 2041-2020]
|
Category
|
Application Fees
|
Escrow Fees
| ||||
|---|---|---|---|---|---|---|
|
Subdivisions
| ||||||
|
Minor
|
$350
|
$3,000
| ||||
|
Amendment
|
$250
|
$700
| ||||
|
Administrative Tax Map fee
|
$50 per lot
| |||||
|
Hardship “c” variance: side/front/rear
yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per Variance
| ||||
|
Plot plan review
|
$2,000
| |||||
|
Major
| ||||||
|
Preliminary
|
$400, plus $40 per lot
|
$5,000
| ||||
|
Final
|
$400, plus $35 per lot
|
$4,500
| ||||
|
Administrative Tax Map fee
|
$50 per lot
| |||||
|
Amendments to approved subdivision
|
$300, plus $30 per lot when increasing number
of lots
|
$1,700
| ||||
|
Extension
|
$300
|
$500
| ||||
|
Hardship “c” variance: side/front/rear
yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| ||||
|
Site Plans
| ||||||
|
Minor site plan
| ||||||
|
Under 5,000 square feet of grading, clearing
or disturbance; under 1,000 square feet building area; 5 or less parking
spaces
|
$800
|
$4,000
| ||||
|
Hardship “c” variance: side/front/rear
yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| ||||
|
Waiver
|
$350
|
$2,000
| ||||
|
Major site plan
| ||||||
|
Preliminary
|
$950
|
$6,000
| ||||
|
Final
|
$850
|
$4,500
| ||||
|
Amendments or revision to approved site plan
|
$350
|
$2,500
| ||||
|
Waiver
|
$350
|
$2,000
| ||||
|
Extension
|
$350
|
$800
| ||||
|
Hardship “c” variance: side/front/rear
yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| ||||
|
Variances
| ||||||
|
Appeal, interpretation or certificate of nonconformity
|
$300
|
$1,000
| ||||
|
Conditional use, residential
|
$350
|
$1,000
| ||||
|
Conditional use, site plan
|
$450
|
$1,500
| ||||
|
Zoning
| ||||||
|
Hardship “c” variance: side/front/rear
yard setbacks
|
$100, plus $50 each additional hardship variance
|
$1,000
| ||||
|
“d” variance
|
$450
|
$1,700
| ||||
|
Miscellaneous
| ||||||
|
Soil boring
|
$50
|
$200, plus $100 per additional boring
| ||||
|
Development Review Committee meeting
|
$100
|
$300
| ||||
|
Transcripts
|
100% actual cost
| |||||
|
Special meeting
|
$1,000
|
$2,000
| ||||
|
Tree removal permit:
| ||||||
|
Major site/subdivision
|
$300
| |||||
|
Residential lot
|
$80
| |||||
|
Administrative approval
|
$350
|
$1,500
| ||||
D.
The fees for planned developments shall be applied
for both preliminary and final approval but charged separately and
shall be as follows:
|
Project Size
(Units)
|
Application Fee
|
Escrow Fee
|
|---|---|---|
|
0 to 25
|
$850
|
$2,000
|
|
26 to 100
|
$1,250
|
$4,000
|
|
101 to 500
|
$1,750
|
$6,000
|
|
501 to 1,000
|
$2,400
|
$10,000
|
|
1,001 and over
|
$3,500
|
$15,000
|
A.
Rules. The Planning Board and Zoning Board of Adjustment
may 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.
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, P.L. 1953, Ch. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either a stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense. The Board, in furnishing a transcript of the proceedings
to an interested party at his expense, shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2A:11-15.[1] Said transcript shall be certified in writing by the transcriber
to be accurate.
[Amended 3-17-1980 by Ord. No. 615]
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 119.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., 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 to property owners.
(1)
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:
(2)
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.
Notice to a partnership owner may be made by service upon any partner.
(3)
Notice to owners of real property shall be deemed
satisfied by notice to condominium association in the case of any
unit owner whose unit has a unit above or below it or to the horizontal
property regime in the case of any co-owner whose apartment has an
apartment above or below it.
[Added 3-17-1980 by Ord. No. 615]
(4)
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.
[Added 3-17-1980 by Ord. No. 615]
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 § 59-30B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
G.
Notice shall be given by personal service or certified
mail to the Chairman of the Municipal Public Utilities Authority for
the Township of Galloway whenever the applicant is applying for a
major subdivision. Such notice shall also have attached to it a copy
of the application together with a copy of all other accompanying
papers.
H.
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.
I.
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.
J.
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.
K.
In addition to the notices hereinabove set forth,
the applicant is hereby given notice of the following requirements
of the statutes of the State of New Jersey:
(1)
Any person proposing to construct or causing to be
constructed a facility, as enumerated in N.J.S.A. 13:19-3(c), in the
coastal area, as described in N.J.S.A. 13:19-4, shall also file application
for a permit with the State of New Jersey Department of Environmental
Protection as required by law.
(2)
Any applicant presenting an application for development
for a project which disturbs more than 5,000 square feet of surface
area of land must receive a certification of the Soil Conservation
District as defined and provided for in Ch. 251, P.L. 1975 (Soil Erosion
and Sediment Control Act).
(3)
Any applicant presenting an application for development
which involves the design of a central-well water system must obtain
an approval from the New Jersey Department of Environmental Protection,
as provided by law.
(4)
Any applicant presenting an application for development
which involves a sewage disposal system must obtain an approval from
the Atlantic County Board of Health.
(5)
Any and all variances, permits and/or approvals which
may be granted by the municipality to any applicant in accordance
with the provisions of this chapter shall be and are subject to the
obtaining of the necessary permits and/or approvals required from
county and/or state agencies and departments hereinabove set forth.
[Amended 3-17-1980 by Ord. No. 615]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality or the code enforcement officer shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, as provided for in Article III, § 59-28 above, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 59-30B, of this chapter.
A.
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of facts and conclusions based thereon. Failure of a motion
to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the
application. The Board may provide such written decision and findings
and conclusions either on the day of the meeting at which the Board
takes action to grant or deny approval or, if the meeting at which
such action is taken occurs within the final 45 days of the applicable
time period for rendering a decision on the application for development,
within 45 days of such meeting by the adoption of a resolution of
memorialization setting forth the decision and the findings and conclusions
of the Board thereon. An action resulting from the failure of a motion
to approve an application shall be memorialized by resolution as provided
above, notwithstanding the time at which such action occurs is within
the applicable time period for rendering a decision on the application.
[Amended 3-17-1980 by Ord. No. 615]
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant, or, if represented,
then to the attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
C.
The adoption of a resolution of memorialization pursuant to this section shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the Board who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the Board and not to be an action of the Board, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon. Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section and by § 59-33.
[Added 3-17-1980 by Ord. No. 615]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, at the expense of the applicant.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 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 provisions for the payment thereof in such
manner that the municipality will be adequately protected.
