A.
There is hereby established, pursuant to N.J.S.A.
40:55D-1 et seq., in the Borough of Upper Saddle River, a Planning
Board of nine members consisting of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality,
other than a member of the governing body, to be appointed by the
Mayor, provided that the member of the Environmental Commission who
is also a member of the Planning Board as required by N.J.S.A. 40:56A-1
shall be deemed to be the Class II Planning Board member if there
is both a member of the Zoning Board of Adjustment and a member of
the Board of Education among the Class IV members.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment and one may be a member of the Board
of Education. A member of the Environmental Commission who is also
a member of the Planning Board shall be a Class IV Planning Board
member unless there be among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
B.
Alternate members.
[Added 8-9-1979; amended 3-3-2011 by Ord. No.
2-11]
(1)
There
shall be no more than four alternate members, who shall be municipal
residents. Said alternate members shall be appointed by the Mayor,
and shall be designated at the time of appointment by the Mayor as
Alternate No. 1, Alternate No. 2, Alternate No. 3 and Alternate No.
4.
(2)
Terms
of alternate members. The terms of alternate members shall be for
two years, to run from January 1 in the year of appointment. The terms
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. In the event more than two
alternate members are appointed in the same year, then in such event
the third and/or fourth of such members appointed shall serve for
a period of one year. A vacancy occurring otherwise by the expiration
of term shall be filled by the Mayor for the unexpired term only.
A.
The term of the member composing Class I shall correspond
with the member's official tenure.
B.
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, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of the member's term of office as a member of the Environmental
Commission, whichever comes first.
C.
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
D.
As terms of Class IV members holding office on the
effective date of this chapter expire, all subsequent Class IV members
shall be appointed for terms of four years, except as otherwise herein
provided.
E.
The terms of all members of the Planning Board shall
run from January 1 of the year in which the appointment is made.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and shall also select a
Secretary, who shall be a member of the Planning Board.
The Planning Board shall annually appoint legal
counsel, other than the Municipal Attorney, and may employ or contract
for other staff and services as it may deem necessary and shall fix
the compensation therefor; provided, however, that in no case shall
the compensation for legal counsel and the costs of other staff and
services exceed the amount appropriated by the governing body for
Planning Board use, exclusive of gifts or grants.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the Borough.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommended same to the governing body.
F.
To consider and make reports to the governing body
within 35 days after referral as to any proposed development regulations,
revisions or amendments thereto submitted to it pursuant to the provisions
of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically
referred to the Planning Board by the governing body of the Borough
of Upper Saddle River pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
Additional powers.
[Amended 8-9-1979]
(1)
When reviewing applications for approval of subdivision
plans, site plans or conditional uses, to grant the following:
[Amended 3-3-2011 by Ord. No. 2-11]
(a)
Variances, pursuant to N.J.S.A. 40:55D-70, from lot
area, lot dimensional, setback and yard requirements, provided that
relief from lot area requirements shall not be granted for more than
one lot.
(b)
Authorization for issuance of permits for buildings
or structures in the bed of a mapped street or public drainageway,
in a flood control basin or in a public area reserved on the Official
Map, pursuant to N.J.S.A. 40:55D-32.
(c)
Authorization for issuance of permits for buildings
or structures not related to a street.
(d)
Conditional uses in accordance with the provisions
of this chapter.
(2)
Whenever relief is sought pursuant to this subsection,
notice of hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit, whichever the case shall be.
H.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
I.
The Planning
Board shall also have the following powers formerly exercised by the
Zoning Board of Adjustment, except that the Class I and Class III
members shall not participate in applications for development which
involve relief pursuant to Subsection d of N.J.S.A. 40:55D-70:
[Added 3-3-2011 by Ord. No. 2-11]
(2)
To hear
and decide, in accordance with the provisions of any such ordinance,
requests for interpretation of the Zoning Ordinance or Zoning Map
or for decisions upon other special questions upon which such Board
is authorized to pass by any Zoning or official map ordinance in accordance
with this chapter and the Municipal Land Use Law.
(3)
Where:
(a)
By
reason of exceptional narrowness, shallowness or shape of a specific
piece of property, or by reason of exceptional topographic conditions
or physical features uniquely affecting a specific piece of property;
or
(b)
In an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., or the purposes of the Educational Facilities Construction and Financing Act, P.L. 2000, c.72 (N.J.S.A. 18A:7G-1 et al.), would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Chapter 150 of the Borough Code; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection; or
(c)
By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Chapter 150 of the Borough Code would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
(4)
In particular cases for special reasons, grant a variance to permit a use or principal structure in a district restricted against such principal use or structure, an expansion of a nonconforming use, deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, an increase in the permitted floor area ratio, an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. Any variance under this Subsection I(4) shall be granted only by affirmative vote of at least five members.
(5)
No variance or other relief pursuant to Subsection I(1) through (4) above may be granted, including a variance or other relief involving an inherently beneficial use, without a showing that such other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.
(6)
To direct
the issuance of a permit for a building or structure not related to
a street, as required pursuant to N.J.S.A. 40:55D-35, where it is
demonstrated that the enforcement of such provision would entail practical
difficulty or unnecessary hardship or where the circumstances of the
case do not require the building or structure to be related to a street,
subject to terms and conditions that will provide adequate access
for fire-fighting equipment, ambulances or other emergency vehicles
necessary for the protection of health and safety, and that will protect
any future street layout shown on the Official Map or on a general
circulation plan element of the municipal Master Plan.
(7)
To grant
subdivision or site plan approval or conditional use approval, where
appropriate, whenever the proposed development requires approval by
the Board of a variance pursuant to N.J.S.A. 40:55D-70d.
A.
Minor subdivisions. The approval of a minor subdivision,
as defined in the Subdivision Ordinance,[1] shall be granted or denied within 45 days of the date
of submission of a complete application to the Planning Board or within
such further time as may be consented to by the applicant. Approval
of a minor subdivision shall expire 190 days from the date of Planning
Board approval unless within such period a plat in conformity with
such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9
et seq., or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed accepted
for such filing shall be signed by the Chairman and Secretary of the
Planning Board before it will be accepted for filing by the county
recording officer.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a major subdivision of 10 or fewer lots
or a site plan involving 10 or fewer acres, the Planning Board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer. Upon submission of a complete application for a subdivision
of more than 10 lots or for a site plan involving 10 or more acres,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision.
C.
Ancillary powers; variances. Whenever the Planning Board is called upon to exercise its ancillary powers pertaining to a development application requiring variance relief as set forth in § 10-6G of this chapter, or an application for variance relief pursuant to N.J.S.A. 40:55D-70c and 40:55D-70d, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.
[Amended 3-3-2011 by Ord. No. 2-11]
D.
Final approval. Upon submission of a complete application
for final subdivision approval, the Planning Board shall grant or
deny said application within 45 days of submission of the complete
application or within such further time as may be consented to by
the applicant. Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
E.
Default approval. Failure of the Planning Board to act within the periods prescribed in Subsections A, B, C and D above shall constitute approval of the completed application, and a certificate from the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request for the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval required.
A.
Completed applications for development within the
jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A.
40:55D-1 et seq. shall be filed with the Borough Clerk.
B.
The applicant shall file at least 14 days before the
date of the monthly meeting of the Board 11 copies of a sketch plat,
11 copies of a completed application for minor subdivision approval,
11 copies of a completed application for major subdivision approval
or 11 copies of a completed application for site plan review or conditional
use approval.
C.
At the time of filing the completed application but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Planning
Board, and same shall be available for public inspection during normal
business hours in the office of the Borough Clerk. The Planning Board
Clerk shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting date of the Board.
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 of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
The 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[1]
Editor’s Note: Former §§ 10-11 through
10-22, which comprised Art. II, Zoning Board of Adjustment, were repealed
3-3-2011 by Ord. No. 2-11.
[Amended 3-3-2011 by Ord. No. 2-11]
No member of the Planning Board 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 discussions
or decision relating thereto.
A.
Meetings of the Planning Board 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 completed applications
for development to process.
[Amended 3-3-2011 by Ord. No. 2-11]
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 majority vote of a
quorum except as otherwise required by any provisions of N.J.S.A.
40:55D-1 et seq.
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,
Chapter 231, Laws of New Jersey, 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.
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 at the office of the
Borough 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 5-8-1986 by Ord. No. 10-86]
A.
The following shall be the fees required to be submitted
in connection with an application for development in the Borough:
(1)
Minor subdivision without variances or conditional
use: $100.
(2)
Minor subdivision with variances or conditional use:
$200.
(3)
Preliminary major subdivision or site plan approval
without variance or conditional use: $150 per acre or part thereof.
(4)
Preliminary major subdivision or site plan with variance
or conditional use: $200 per acre or part thereof.
(5)
Final approval of a major subdivision: $75 per acre
or part thereof.
(6)
Final approval of a site plan: $75 per acre or part
thereof.
(7)
Use variance not involving subdivision or site plan
approval: $500.
[Amended 7-12-2000 by Ord. No. 9-00]
(8)
Other variances or conditional use not involving subdivision
or site plan approval: $100 per variance applied for.
[Amended 7-12-2000 by Ord. No. 9-00]
(10)
Any other application for development: $100 per acre
or part thereof.
B.
In addition to the foregoing fees, the following initial
escrows shall be posted by the applicant in connection with an application
for development:
(1)
Minor subdivisions: $500 for engineering services
and $500 for legal services.
(2)
Preliminary major subdivisions or site plan approvals:
$1,000 for engineering services and $1,000 for legal services.
(3)
Application for rezoning: $1,000 for engineering services
and $1,000 for legal services.
(4)
Soil movement and all other applications: $300 for
engineering services and $350 for legal services.
[Amended 4-9-2008 by Ord. No. 2-08]
(5)
Final major subdivision approval: amounts to be determined
by the Borough Engineer and Planning Board Attorney, to be incorporated
into the developer's agreement delivered as part of the performance
guaranties and to be approved by the Planning Board after taking into
account the skill, experience and expertise of the professionals and
the estimated time to be expended in the rendering of such services.
C.
The Planning Board may, in its discretion, require
escrow deposits to be posted for other services, such as but not limited
to planning or traffic services, anticipated in connection with any
application for development. The amount of such escrow shall be determined
by the Board after considering the reasonable cost of such services,
taking into account the skill, experience and expertise of the professional
involved and the anticipated time to be expended by such professional
in the rendering of such services.
[Amended 3-3-2011 by Ord. No. 2-11]
D.
An application for development shall not be complete until the fees and escrows required by Subsections A through C of this section have been paid or deposited; provided, however, that escrows need not be deposited as a prerequisite to completeness of an application for final major subdivision approval.
E.
Escrow deposits are made for the purpose of reimbursement
to the Borough of actual expenditures incurred by the Borough for
professional services in connection with the application for development.
Such expenditures shall be vouchered to the Borough and shall be reasonable
taking into account the skill, experience and expertise of the professional
and the time spent by such professional in rendering the service.
Initial escrows are deemed to be estimates only and, if at any time,
the total of such escrow deposits is less than that required to reimburse
the Borough as aforesaid, the applicant shall be required to post
such additional amounts as may be necessary to fully reimburse the
Borough. Upon completion of the processing of an application or upon
withdrawal thereof, if the total professional voucher charges are
less than the amounts certified by the Borough Clerk to be deposited,
the applicant shall be entitled to a refund or credit for the excess.
F.
If at any time professional voucher charges exceed
the amounts certified by the Borough Clerk to be on deposit, the applicant
shall be required to deposit the said excess with the Borough before
any further processing of the application; provided, however, that
the Planning Board may take action on an application upon condition
that sufficient funds are posted to pay such excess.
[Amended 3-3-2011 by Ord. No. 2-11]
G.
If, upon approval, disapproval or withdrawal of an
application, the amount of funds on deposit proves to be inadequate
to defray the costs of such professional or consulting fees incurred
in connection with the application the Borough shall have a lien upon
the premises which were the subject of the application, which lien
shall continue thereon until such excess is paid directly to the Borough
or satisfied from escrow accounts. Said sum shall be levied and collected
at the same time and in the same manner as other Borough taxes. If
an application for development is filed by a person other than the
record owner of the premises, the said record owner shall be required
to evidence his acknowledgment and consent to the foregoing provisions
as part of the application.
[Added 7-10-1996 by Ord. No. 17-96]
A.
In addition to the filing fee established by this
chapter, all applications for development shall be accompanied by
a deposit of adequate funds from which the Chief Financial Officer
of the Borough shall make all of the payments to professionals for
services rendered to the approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purpose under the provisions of the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall
be based upon a schedule established by resolution.
B.
The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The Borough or approving authority shall not bill the applicant or charge any escrow account or deposit authorized under Subsection D of this section for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other Borough costs and expenses except as provided for in this section nor shall a Borough professional add any such charges to his or her bill.
C.
If the salary, staff support and overhead for a Borough
professional are provided by the Borough, the charge shall not exceed
200 of the sum of the products resulting from multiplying the hourly
base salary, which shall be established annually by ordinance, of
each of the professionals by the number of hours spent by the respective
professional upon review of the application for development or inspection
of the developer's improvements, as the case may be. For other professionals
the charge shall be at the same rate as all other work of the same
nature by the professional for the Borough when fees are not reimbursed
or otherwise imposed on applicants or developers.
D.
All deposits required under this section and intended
to reimburse Borough expenses for professional services shall be placed
in an escrow account pursuant to N.J.S.A. 40:55D-53.1. Deposits for
inspection fees shall be established in accordance with N.J.S.A. 40:55D-53h.
E.
The amount of the initial escrow deposit, to be remitted at the time of the filing of the application, shall be as set forth in § 10-26.
F.
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service
and, for each date the services performed, the hours spent to 1/4
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Borough
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. If the services are provided
by a Borough employee, such employee shall prepare and submit to the
Chief Financial Officer a statement containing the same information
as required on a voucher on a monthly basis. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the Borough simultaneously to the
applicant.
G.
The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements and the
cumulative balance of the escrow account. This information shall be
provided on a quarterly basis if monthly charges are $1,000 or less,
or on a monthly basis if monthly charges exceed $1,000
H.
In the event that an escrow account or deposit contains
insufficient funds to enable the Borough or approving authority to
perform required application reviews or improvement inspections, the
Chief Financial Officer of the Borough shall provide the applicant
with a notice of the insufficient escrow or deposit balance. In order
for work to continue on the development or the application, the applicant
shall within a reasonable time period post a deposit to the account
in an amount to be agreed upon by the Borough or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
I.
The following close-out procedure shall apply to all
deposits and escrow accounts established pursuant to the Municipal
Land Use Law and shall commence after the approving authority has
granted final approval and signed the subdivision plat or site plan,
in the case of application review escrows and deposits, or after the
improvements as provided in N.J.S.A. 40:55D-53 have been approved,
in the case of improvement inspection escrows and deposits. The applicant
shall send written notice by certified mail to the Chief Financial
Officer and approving authority and to the relevant approving authority
and municipal professional that the application or the improvements,
as the case may be, are completed. After receipt of such notice, the
professional shall render a final bill to the Chief Financial Officer
within 30 days, and shall send a copy simultaneously to the applicant.
The Chief Financial Officer shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest, shall be refunded to the developer
along with the final accounting.
J.
All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval or review of requests for modification
or amendment made by the applicant. A professional shall not review
items which are subject to approval by any state governmental agency
and not under Borough jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
K.
If the Borough retains a different professional or
consultant in the place of the professional originally responsible
for development, application review or inspection of improvements,
the Borough or approving authority shall be responsible for all time
and expenses of the new professional to become familiar with the application
or the project, and the Borough or approving authority shall not bill
the applicant or charge the deposit or the escrow account for any
such services.
L.
Appeal of disputed charges. The following procedures
shall govern when an applicant disputes escrow charges:
(1)
An applicant shall notify in writing the Mayor and
Council with copies to the Chief Financial Officer, the approving
authority and the professional whenever the applicant disputes the
charges made by a professional for service rendered to the Borough
in reviewing applications for development, review and preparation
of documents, inspection of improvements or other charges made pursuant
to the provisions of the Municipal Land Use Law.
(2)
The Mayor and Council, or its designee, shall within
a reasonable time period attempt to remediate any disputed charges.
(3)
If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the Bergen County Construction
Board of Appeals established pursuant to N.J.S.A. 52:27D-127, any
charge to an escrow account or a deposit by any Borough professional
or consultant or the cost of the installation of improvements estimated
by the Borough engineer. An applicant or its authorized agent shall
submit the appeal in writing to the Bergen County Construction Board
of Appeals. The applicant or its authorized agent shall simultaneously
send a copy of the appeal to the Borough, approving authority and
any professional whose charge is the subject of the appeal.
(4)
An applicant shall file an appeal within 45 days for receipt of the informational copy of the professional's voucher required by Subsection F of this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file any appeal within 60 days from receipt of the statement of activity against the deposit or escrow account required by Subsection G of this section.
(5)
An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
(6)
During the pendence of any appeal to the Bergen County
Construction Board of Appeals, the Borough or approving authority
shall continue to process, hear and decide the application for development
and to inspect the development in the normal course and shall not
withhold, delay or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy or any other approval or permit because an appeal has
been filed or is pending under this subsection. The Chief Financial
Officer may pay charges out of the appropriate escrow account or deposit
for which an appeal has been filed. If a charge is disallowed after
payment, the Chief Financial Officer shall reimburse the deposit or
escrow account in the amount of any such disallowed charge or refund
the amount to the applicant. If a charge is disallowed after payment
to a professional or consultant who is not an employee of the Borough,
the professional or consultant shall reimburse the Borough in the
amount of any such disallowed charge.
A.
Rules. The Planning Board may make rules governing
the conduct of hearings before such body, which rules shall not be
inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of
this chapter.
[Amended 3-3-2011 by Ord. No. 2-11]
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have the 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 provisions of the County and Municipal
Investigations Law, P.L. 1953, c. 1938 (N.J.S.A. 2A:67-1 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 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. The Planning Board shall provide for the
verbatim recording of the proceedings by either stenographer, 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. Such interested party shall be charged a fee for the transcript
or a duplicate recording as provided for in the rules of the Board.
[Amended 3-3-2011 by Ord. No. 2-11]
A.
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 at his expense as follows:
(1)
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.
(2)
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 applicant's land is located. Such notice shall be given by
serving a copy thereof on the owner as shown on the 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 the 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.
(3)
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 A(2) of this article to the owners of lands in such adjoining municipality which are located within 200 feet of this subject premises.
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
(5)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs 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.
B.
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 Attorney for the Board holding the hearing on the application
for development.
C.
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.
D.
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; an 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.
Pursuant to the provision of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Upper Saddle River shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, 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 § 10-28A(2) of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon.
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 his attorney, without separate charge.
C.
A copy of the decision shall also be mailed to all
persons who have requested it and who have paid the fee prescribed
by the Board for such service. A copy of the decision shall also be
filed in the office of the Borough 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.
[Amended 3-3-2011 by Ord. No. 2-11]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by either the applicant or the Secretary of the
Planning Board and paid for by the applicant in accordance with the
rules and regulations set forth by the Board. Said notice shall be
sent to the official newspaper for publication within 10 days of the
date of any such decision.
[Amended 3-3-2011 by Ord. No. 2-11]
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 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 municipality will
be adequately protected.
[Amended 3-3-2011 by Ord. No. 2-11]
A.
Pursuant
to the provision of N.J.S.A. 40:55D-22, if an application for development
is submitted to the Planning Board proposing a development that is
barred or prevented, directly or indirectly, 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 and welfare, the Planning Board shall
process such application for development in accordance with said Act
and this chapter or rules and regulations as established by said Board,
and if such application for development complies with the Borough's
development regulations, the Planning Board shall approve such applications,
conditioned on removal of such legal barrier to development.
B.
In the event
that development proposed by an application for development requires
an approval by a governmental agency other than the Planning Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency, provided
that said Board shall make a decision on any application for development
within the time period provided in this chapter or within an extension
of such period as has been agreed to by the applicant unless the Board
is prevented or relieved from so acting by the operation of law.
[Amended 3-3-2011 by Ord. No. 2-11]
Any member of the Planning Board may, after
public hearing, if he requests it, be removed by the governing body
for cause.
