This chapter shall be known and may be cited
as the "Land Development Ordinance of the Borough of Bergenfield,
New Jersey."
The purpose of this chapter is to encourage
the most appropriate use of land throughout the Borough of Bergenfield
and to conserve the value of property, with due consideration for
the character of the zones and their peculiar suitability for particular
uses. This serves to implement a Comprehensive Plan designed to promote
health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration
of population; and to lessen traffic congestion in the streets. This
chapter, therefore, regulates the height, design, appearance, number
of stories and size of buildings and other structures; the percentage
of the area of the lot that may be occupied; the size of yards, courts,
and other open spaces; the density of population, and the location
and use of buildings, structures, and land for trade, industry, residence
or other purposes.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building, and on the same lot.
Lands which are contiguous, and not separated by any road,
street, avenue or public place.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises or only incidentally on the premises if at all.
A public or privately owned road or way other than a street.
As applied to a building or a structure, a change or rearrangement
in the structure parts or in the existing facilities, or an enlargement
whether by extension of a side or by increase in height, or by moves
from one location or position to another.
A building arranged, intended, or designed to be occupied
by three or more families living independently of each other.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of any option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 186-40K of this chapter.
Premises on which, at periodic times, merchandise or any
other personal property is offered for sale to the highest bidder.
That part of a building partly underground and having more
than 1/2 of its height above the average level of the finished grade
at the midpoint of the building. A basement shall be counted as a
story.
See "sign."
Any dwelling other than a motel or hotel, in which more than
two persons are housed or lodged for a fee, with or without separate
cooking facilities on a periodic basis.
An existing stream or watercourse, or any proposed easement
or right-of-way for the relocation thereof, so laid out as to provide
for, or to permit provision for, the existing or expected flow of
water.
A parcel of land unoccupied by buildings or structures, other
than a fence, and used to screen and separate abutting zones, with
plantings.
Any structure having a roof supported by columns, piers,
or walls, which is intended for shelter, housing, or enclosure of
persons, animals, or chattels.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
A building surrounded by open space on the same lot as a
principal building.
A line formed by the intersection of a horizontal plane at
the average grade level and a vertical plane that coincides with the
exterior surface of the building on any side. In case of a cantilevered
section of a building, including roof overhangs of three feet or less,
the vertical plane will coincide with the most projected surface.
If the roof overhang exceeds three feet, then the vertical plane will
coincide with 1/2 the distance by which said projection exceeds three
feet. All yard requirements are measured to the building line.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A business establishment which offers for sale, or deals
in the sale and/or service of, motor vehicles.
A business establishment offering a service to the public
or dealing in products or merchandise which are not fabricated or
assembled in, or offered for sale directly to the public from said
premises, except drugs from an ethical pharmacy or eye glasses dispensed
by a licensed practitioner.
A business establishment which offers goods for sale or deals
in goods, wares, merchandise or other commodities, including services.
A sign which directs attention to a business or profession
conducted on the premises.
That part of a building partly underground and having more
than 1/2 of its clear height below the average level of the finished
grade, at the midpoint of the building.
A certificate issued by the Construction Official upon completion
of construction, alteration or change in occupancy or tenancy of a
building. Said certificate shall include acknowledgment of compliance
with all requirements of this chapter, any variances thereto granted
by the approving board, and all other applicable requirements.
[Amended 7-17-1979 by Ord. No. 1134]
A building or group of buildings including customary accessory
buildings designated or intended for public worship and/or religious
schools. For the purpose of this chapter, the word "church" shall
include chapels, cathedrals, temples, and similar designations as
well as parish house, convents and such accessory uses.
A building used to house a social, fraternal or service organization
or club without dwelling unit, other than for club staff members not
organized or conducted for profit; and which is not an adjunct to
or operated by or in conjunction with a public tavern, cafe, or other
place of business.
An establishment utilizing a coin-operated dry-cleaning machine
or apparatus which cleans textiles, fabrics, garments, or other articles
by the use of any solvent other than water, to be used by the general
public. The term "used by the general public" shall be deemed to refer
to the insertion of such textiles, fabrics, garments or other articles
into a dry-cleaning unit or the removal of the same from such unit
by a person or persons other than an owner or employee of the dry-cleaning
establishment.
Includes every type of motor-powered street vehicle constructed
to be used for commercial purposes or licensed therefor.
A use which, by virtue of its own peculiar characteristics,
may be permitted in particular zones only after review, public hearings
and approval by the Board of Adjustment or the Planning Board.
A qualified person appointed by the municipal appointing
authority pursuant to the act and the regulations to enforce and administer
the regulations within the jurisdiction of the enforcing agency.
[Amended 12-20-2022 by Ord. No. 22-2608; 3-21-2023 by Ord. No. 23-2611]
The officially established grade of the curb in front of
the midpoint of the lot.
Article VI, Zoning Regulations and Establishment of Zones, and Article IX, Subdivision and Site Plan Review and Approval, of this chapter or other municipal regulations of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).
A dwelling or group of dwellings on one plot, not more than
2 1/2 stories, or more than 35 feet high, designed and used solely
for dwelling purposes by families occupying separate apartments or
suites of rooms, and not more than two families using a common entrance
or hallway.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses.
A building designed for or occupied exclusively by two families
living independently of each other.
One or more rooms with living facilities for one family,
including cooking facilities.
One of several individual units designed and erected as an
integrated development in one or several buildings, with singleness
of use and operation, and which utilizes such common facilities as
pedestrian walks, parking and garage areas, open space or recreation
areas, and utility and sanitary systems.
A one-family dwelling unit which, as a result of structural
alterations, may be capable of accommodation of not more than two
dwelling units.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead transmission, distribution or collection systems and appurtenances
reasonably necessary for municipal or other governmental agencies,
or for the public health, safety or general welfare.
One or more persons, occupying a dwelling unit, and living
as a single, nonprofit housekeeping unit.
Any type of freestanding wall or structural enclosure (other
than a wall of a building) whether of wood, metal, wire, concrete
or other material.
An establishment, either for profit or nonprofit, that offers
facilities that include a combination of the following features or
activities: aerobic exercises, stretching, running and jogging, exercise
equipment, game courts, stationary bicycles and spin machines, swimming
facilities, saunas, showers, massage rooms and lockers. Participants
may exercise individually, one-on-one with a trainer, or as part of
a class. Day-care services and refreshment counters may also be offered.
[Added 10-2-2018 by Ord. No. 18-2532]
The sum of the floor areas of a building which are enclosed
and usable for human occupancy or use. Said areas shall be measured
between the inside face of the exterior walls. Said areas shall not
include areas below the average level of the adjoining ground garage
space or accessory building space.
The ratio of the total floor area of buildings to the total
lot area.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
use. Said areas shall be that measured within the building lines at
the level of each floor. Said areas shall include areas below the
average level of the adjoining ground, garage space or accessory building
space.
A garage not conducted as a business or used for the storage
of more than two commercial vehicles.
A garage conducted as a business or used for the storage
of commercial vehicles. The rental of storage space for more than
two vehicles not owned on the premises shall be deemed a business
use and storage space as set forth herein shall not be used for repair
or service of motor vehicle.
An area of 50 or more acres containing full size golf links,
at least nine holes totaling a minimum of 2,700 yards from tee to
green, together with such necessary and usual accessory uses as a
clubhouse, caretakers' dwellings, dining and refreshment facilities
and other uses, provided that the operation of such facilities is
incidental and subordinate to the operation of the golf course.
[Amended 7-17-1979 by Ord. No. 1134]
The vertical distance to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the ridge for
gable, hip, and gambrel roofs measured from the average original grade
at the four corners of the dwelling.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
An accessory use of a service character, customarily conducted
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or any exterior evidence of such secondary use,
other than a permitted identification sign, and, in connection therewith,
there is not involved the keeping of a stock in trade. Such occupations
as a dressmaker, tailor, milliner, typist, instructor on an individual
instrument, which offer direct personal instruction or services on
an individual basis, shall be deemed to be a home occupation. For
the purpose of this chapter, this shall mean the accommodation of
no more than one individual for instruction at any one time on the
premises.
The office of a resident who is a physician, dentist, lawyer,
architect, professional engineer, accountant, podiatrist, optometrist,
or chiropractor, provided that not more than a total of two are employed,
and that such office shall be part of the dwelling in which said professional
resides, and shall not occupy more than the equivalent of 1/2 of the
area of one floor of said building. A home professional office shall
not include the office of any person professionally engaged in the
purchase or sale of goods kept or displayed on the premises. A professional
office shall not include a biological or other medical testing laboratory
except those that are incidental to and used in conjunction with a
resident as defined in this definition.
[Amended 7-17-1979 by Ord. No. 1134]
A place for the diagnosis, treatment or other care of human
ailments other than for mental patients, contagious and infectious
diseases, or alcoholics or drug addicts.
A building containing rooms which are used, rented, or hired
out, to be occupied for sleeping purposes by guests, and where only
a general kitchen and dining area are provided within the building
or in an accessory building.
The percentage of the lot area which is devoted to impervious
surface, which is any material that prevents the absorption of stormwater
into the ground.
[Added 12-29-2005 by Ord. No. 2365]
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. Examples
of impervious surfaces include, but are not limited to, brick pavers,
crushed stone, gravel, paver blocks, porous paving, decks, patios,
concrete, asphalt, driveways, basketball courts, swimming pools, buildings,
elevated structures and other similar surfaces and/or improvements.
[Added 5-5-2020 by Ord. No. 20-2559]
A development containing both affordable units, as defined
in the Fair Housing Act, as amended, and market-rate units.
[Added 10-3-2019 by Ord. No. 19-2556]
The process by which water seeps into the soil from precipitation.
[Added 5-5-2020 by Ord. No. 20-2559]
Any area and/or structure used or intended to be used for
selling, recycling, buying, storing, or trading of used or discarded
metal, glass, paper, cordage, or where disassembly of more than one
used, wrecked or otherwise disabled vehicle, boat, or other parts
occurs for a period of one month or more shall be deemed to be a junkyard,
automobile wrecking or disassembly yard. This does not include municipally
operated recycling depots.
[Amended 7-17-1979 by Ord. No. 1134]
Any off-street space available for the loading or unloading
of goods and having direct usable access to a street.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
[Amended 7-17-1979 by Ord. No. 1134]
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street or right-of-way
shall not be included in calculating lot area.
A parcel of land at the junction of, and fronting on, two
or more intersecting streets.
That percentage of the lot area which is devoted to building
area.
The mean horizontal distance between the front and rear lot
lines.
A lot line or portion thereof which is coexistent with a
street line. In the case of a street of undefined width, said lot
line shall be assumed to parallel the center line of the street at
a distance 25 feet therefrom.
The horizontal distance between the side lot lines measured
at the front building line.
The production and/or assembly of articles or finished products
from previously refined raw materials by giving them new forms or
qualities.
A place of day-to-day habitation, transportable by attached
or separate axles, designed for movement on public roads as a means
of changing semipermanent locations.
[Amended 7-17-1979 by Ord. No. 1134]
A series of attached or detached rental dwelling units with
individual entrances and contiguous parking space operated as a business
for the purpose of providing lodging to transient guests. An office
and single dwelling unit may be included as secondary uses in conjunction
with the operation of a motel.
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance or cleaning of motor
vehicles or other automotive equipment.
The Borough Planning Board or Board of Adjustment or Borough
Council when acting pursuant to this chapter.
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record which does not have the minimum width or
contain the minimum area for the zone in which it is located.
Use of a building or of land that does not conform to the
regulations of the zone in which it is located.
A school designed to provide daytime care or instruction
for four or more children from three to five years inclusive, and
operated on a regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The unoccupied space open to the sky on the same lot with
a building or buildings.
The ratio of the total open space of a lot to the total floor
area of building(s) on the same lot.
An off-street space available for the parking of a motor
vehicle, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
The Planning Board of the Borough of Bergenfield.
The main or principal use to which a building or lot is used.
A building or portion thereof used as a dwelling place for
one or more persons. The term "residence" shall include a one-family
dwelling, two-family dwelling, multifamily dwelling, rooming and boarding
house, garden-type apartment house or apartment house.
Any establishment at which food is sold for consumption on
the premises to patrons seated within an enclosed building. However,
a snack bar at a public or community playground, playfield, park or
swimming pool operated solely by the agency or group operating the
recreation facilities, and for the sole use of patrons of the facility,
shall not be deemed to be a restaurant. A restaurant shall also include
pickup or delivery service wherein food is prepared.
An establishment where patrons are served soft drinks, ice
cream, or other food products for consumption outside the confines
of the principal buildings or in automobiles parked on the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
An establishment where patrons may order and/or be served
food or beverages without leaving their vehicles, regardless of whether
or not, in addition thereto, seats or other accommodations are provided
for patrons.
[Added 5-21-1996 by Ord. No. 2195]
Any establishment at which food is sold for consumption on
the premises to patrons seated within an enclosed building; may also
provide outdoor seating for the service of food and/or beverages.
[Added 5-21-1996 by Ord. No. 2195]
The location of the said outdoor seating and/or
tables may not be established on a Borough or private sidewalk or
interfere in any way with any public or private easement, except with
the written permission of the Borough of Bergenfield or the private
entity having rights to said easement.
Prior to commencing the outdoor seating, the
restaurant shall file with the Building Department a drawing, which
may be a survey, with those areas which are to be used for outdoor
seating clearly designated, and the ownership of such property shall
be clearly described. Such drawing shall be accompanied by a fee of
$100, and all renewals shall be accompanied by drawings and a $100
fee in subsequent years. Prior to the service of food or beverage,
said drawing must be submitted to and approved by the Building Department,
and the fee must be paid. Failure to do so will be considered a violation
of the Land Use Law and subject the parties to the sanctions authorized
thereunder.
The area designated for such outdoor service
shall be cordoned off from nonservice areas. The outdoor area shall
not interfere nor encumber ingress and egress through existing entranceways
or exits of said enclosed area.
All outdoor seating shall have some type of
overhead covering, whether awnings, umbrellas, or any other appropriate
covering to protect the table from dust and other contaminants. Any
coverings, whether awnings, umbrellas, or any other appropriate covering,
shall not contain any advertising, whether written or symbolic.
Rules and regulations.
There shall be four feet of clearance between
all tables and aisles for pedestrian traffic and four feet between
seating furniture.
All outdoor seating areas shall be supervised
by a hostess or waiter during the hours of operation.
Music, whether live or recorded, may be played
in such outdoor seating area; however, the volume of such shall be
in compliance with state and federal regulations, and shall not disturb
adjoining landowners and/or create a nuisance.
There shall be no outdoor cooking allowed.
A portable service counter is permissible, provided
that same does not encumber pedestrian traffic or create a fire or
health hazard.
Freestanding signs in the outdoor dining area
are prohibited; however, a one-foot by two-foot menu board may be
located within the cordoned area.
All floor areas must be level and stable.
When the outdoor dining area abuts a residential
zone, a six-foot solid fence must be installed and a six- to eight-foot
buffer shall be installed and evergreen shrubs shall be placed at
intervals of four feet along said buffer.
The number of tables shall not exceed the number of tables in the enclosed area of the restaurant, and the square footage of such outdoor tables shall not exceed the square footage of the indoor tables, provided that if the restaurant is in compliance or has a variance of § 186-49 (parking regulations) of this chapter, then § 186-49 shall not apply to the outdoor seating. If the establishment is opened after the effective date of this chapter, § 186-49 will not apply to outdoor seating, as long as such seating does not exceed the indoor seating, as described herein.
All Sanitary Code, alcoholic beverage requirements,
and all other laws and regulations shall apply to the outdoor seating
unless specifically excluded.
Outdoor seating shall only be permitted between
April 15 and October 15 of any year.
Those locations which are permitted to serve
alcoholic beverages shall restrict the service and consumption of
said alcoholic beverages to the indoor and cordoned-off areas only.
All outdoor areas shall be kept litter- and
refuse-free and maintained on a daily basis. The owner and/or operator
of said outdoor seating area shall be strictly liable for any trash
or refuse which is found in such area. If the food and/or beverage
is served in disposable containers, it is the owner's and/or operator's
responsibility that the containers are placed in proper receptacles
for disposal and/or recycling. All outdoor furniture used in accordance
with this chapter shall be secured and/or covered at all time except
during operation of the outdoor seating area.
A permanent artificial device constructed to change or preserve
the finished grade of a given parcel of land, no portion of which
is above finished grade on more than one side of the retaining wall.
As applied to apartment projects as may be permitted by this
chapter, the term "room" shall include living room, dining room, kitchen,
or bedroom. Kitchenettes which do not include space for eating and
dining areas in which one full wall is open into a living room area
shall be counted as 1/2 room. Baths shall not count as rooms.
See "boardinghouse."
Any apparatus, including any supporting or ancillary structures
other than a dwelling, which is designed for the purpose of receiving
radio-frequency electromagnetic signals through the use of a concave
or dish-shaped antenna.
[Added 3-6-1990 by Ord. No. 2074]
See "yard area, front."
Includes every sign, billboard, freestanding sign, wall sign,
roof sign, illuminated sign, projecting sign, temporary sign, marquee,
awning, canopy, street clock, and shall include any announcement,
declaration, demonstration, display illustration, or insignia used
to advertise or promote the interests of any person or organization
when the same is placed in view of the general public.
Any habitable area of space between the upper surface of
a floor and upper surface of the floor or roof next above. The minimum
floor to ceiling shall be seven feet six inches. Areas which are not
considered under this chapter as being a story are grade level parking
areas beneath structures, parking areas below grade and permanent
storage/filing areas above or below grade.
[Amended 12-17-1987 by Ord. No. 2038]
A portion of a building between the upper surface of a floor
and the roof construction above, where the space thus enclosed has
an average clear height of not more than five feet. In a dwelling,
any floor used for habitable rooms shall be considered a story or
a half story. A cellar is not considered a half story.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and including
the grant to such Board of the power to review plats, and includes
the land between the street lines whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified as follows:
Arterial streets are those which are used primarily
for fast or heavy traffic.
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets, including
the principal entrance to streets of a residential development and
streets for circulation within such a development.
Minor streets are those which are used primarily
for access to the abutting properties.
Marginal access streets are streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
Alleys are minor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
That line determining the limit of the existing or contemplated
highway rights of the public.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground.
A public or privately owned pool open to the general public
on a nonprofit membership or fee basis.
A swimming pool operated as an accessory use to a residential
dwelling unit or units, and located on an individual residential lot.
A swimming pool operated as an accessory use to an apartment
house or private club.
See "boardinghouse."
An area occupied by two or more trailer coaches for dwelling
or sleeping purposes. This term shall include trailer coach parks
and/or courts.
A recreational vehicle not used for day-to-day habitation
while within Borough limits which can travel over public roads without
a special permit.
[Amended 7-17-1979 by Ord. No. 1134]
The specific purpose or purposes for which land or a building
is designed, arranged or intended, or for which it is or may be occupied
or maintained.
A term describing in general, but not limited in scope, to
the relief, modification or exception from the strict application
of the terms of this chapter, and accorded a petitioner by lawful
approval of the appropriate Board.
Institution providing instruction in occupational skills
to a study body of more than three students at one time.
An open space on the same lot with the principal building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of that lot. Setback lines shall be synonymous with the rear limit
of the required front yard area.
An area extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building on the same lot. The depth of the rear yard shall be measured
at right angles to the rear line of the lot, or if the lot is not
rectangular, then in the general direction of the side lot lines.
An area between the side line of the lot and nearest line
of the building and extending from the front yard to the rear yard,
or in the absence of either front or rear yards, to the street or
rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side line of the lot.
The Bergenfield Board of Adjustment.
The Building Inspector of the Borough of Bergenfield.
A.
The Planning Board and Board of Adjustment shall adopt,
and may amend reasonable rules and regulations, not inconsistent with
state law or any applicable Borough ordinance, for the administration
of its functions, powers and duties. Copies of all such rules and
regulations and any amendments thereto shall be filed in the office
of the Borough Clerk and shall be made available to any person upon
request and payment of the fee for such copy.
B.
Both Boards shall, by their rules, fix the time and
place for holding their regular meetings. Regular meetings of both
Boards shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
or appeals to process. Special meetings of both Boards may be held
at the call of the Chairpersons, or at the request of any two members.
Such meetings shall be held on notice to the members of the Boards
and the public in accord with state law. All regular meetings and
special meetings shall be open to the public, and minutes of such
meetings shall be kept and thereafter be made available for public
inspection during normal business hours at the office of the Borough
Clerk. All actions shall be taken by a majority vote of a quorum except
as otherwise required herein. Nothing herein shall be construed to
contravene any state provisions for procedures for governing bodies.
C.
The Planning Board shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan. The Board of Adjustment shall hold a hearing on each application and appeal to come before it pursuant to § 186-29 of this chapter. Both boards shall make rules governing such hearings. Any maps and documents for which approval is sought at such hearings shall be on file and available for public inspection during normal business hours at the office of the administrative officer at least 10 days before the date of the hearing.
[Amended 7-17-1979 by Ord. No. 1134]
A.
The applicant may produce other documents, records,
or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
B.
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 Investigation
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-4 et seq.) shall apply.
C.
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 tine and number of witnesses.
D.
Technical rules of evidence shall not be applicable
to the hearing, but the Chairman of the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
E.
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recordings in lieu thereof, on request to any interested
party at his expense.
F.
Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon.
G.
A copy of the decision shall be mailed by the secretary of the municipal agency within 10 days of the date of decision to the applicant, or if represented then to this attorney, without separate charge, and to all who request a copy of the decision for a fee as specified by § 186-13 of this chapter. A copy of the decision shall also be filed by the Borough Council in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee as specified in § 186-13 of this chapter and available for public inspection at his or her office during Borough business hours.
H.
A brief notice of the decision shall be published
in the official newspaper of the Borough or a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the Borough Clerk, provided that the applicant may in any case provide
for publication of the decision. The applicant shall submit proof
acceptable to the Borough Clerk within 10 days of the decision that
he has provided for the required publication. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the Borough or the
applicant.
[Amended 7-17-1979 by Ord. No. 1134]
A.
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 appropriate administrative
officer of the Board. 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 shall be charged a fee for reproduction of the minutes for his
use.
B.
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 provisions of the Open Public Meetings Act,
P.L. 1975, c. 231 (N.J.S.A. 10:4-6 et seq.), and agency regulations.
Notices pursuant to § 186-8 of this chapter shall state the date, time and place of the hearing, and the nature of the matters to be considered, and in the case of notices pursuant to § 186-8 of this chapter, 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 Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to § 186-4C of this chapter.
Notice pursuant to Subsections A, B, D, E, F,
and G of this section shall be given by the applicant and shall be
given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing on an application for development shall be given except for conventional site plan review pursuant to § 186-82A of this chapter, minor subdivisions pursuant to § 186-85 of this chapter or final approval pursuant to § 186-87 of this chapter, provided that public notice shall be given in the event that relief is requested pursuant to § 186-19 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspapers of the Borough.
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property 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. 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.
Upon the written request of an applicant, the Borough 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 B of this section. The applicant shall he 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 hearings or proceeding. A fee of $10 shall be charged for such list.
D.
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.
E.
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.
F.
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.
G.
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 300 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. 40:55D:10.
H.
The applicant shall file an affidavit of proof of
service with the Board holding the hearing on the application for
development, in the event that the applicant is required to give notice
pursuant to this section.
I.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing.
J.
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 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 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.
K.
Notice of hearing on ordinance (or capital improvement
program); notice of action on capital improvement.
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearings, and the adoption, revision or amendment
of the Borough capital improvement program not more than 30 days after
the date of such adoption, revision or amendment. Any notice provided
hereunder shall include a copy of the proposed development regulation,
the Borough capital program or any proposed revision or amendment
thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section
shall state the date, time, and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
L.
Notice concerning Master Plan. The Planning Board
shall give:
(1)
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough, or in a newspaper of general
circulation in the Borough at least 10 days prior to the date of the
hearing;
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoptions, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of hearing;
(3)
Notice by personal service or certified mail to the
County Planning Board of all hearings on adoption, revision or amendment
of the Borough Master Plan at least 10 days prior to the date of the
hearing; such notice shall include a copy of any proposed Master Plan,
or any revision or amendment thereto; and the adoption, revision or
amendment of the Master Plan not more than 30 days after the date
of such adoption, revision or amendment; such notice shall include
a copy of the Master Plan or revision or amendment thereto.
The Borough Clerk shall file, with the County
Planning Board as soon after passage as possible, all development
regulations, including this chapter and any amendments or revisions
thereto, and file and maintain for public inspection copies of said
regulations in the office of the Clerk.
[1]
Editor's Note: Former § 186-10,
Appeals to governing body, as amended 4-21-1981 by Ord. No. 1159,
was repealed 12-29-2005 by Ord. No. 05-2365, with the provision that
all appeals from the Zoning Board or Planning Board shall be directed
to any court of competent jurisdiction according to law. Ordinance
No. 18-2532, adopted 10-2-2018, also provided that development approval
time lines and submission procedure are to be consistent with the
MLUL.
A.
The Borough Council shall enforce this chapter through
its Zoning Officer or its other authorized delegate. He shall have
such powers as conferred upon him by this chapter, and those powers
which may be reasonably implied.
B.
Duties of the Zoning Officer. It shall be the duty
of the Zoning Officer, or his duly authorized assistants, to cause
any plans, buildings or premises to be examined or inspected to determine
their compliance with the provisions of this chapter.
C.
Where the Zoning Officer, in the course of his duties,
determines that any plans, building or premises do not comply with
the provisions of this chapter, he shall order the responsible party
to remedy such conditions. Said order shall specify the nature of
the violation found to exist, the remedy ordered, and the time permitted
for such action, the penalties and remedies which may be invoked by
the Borough, and the violator's rights of appeal; all as provided
for by this chapter and the laws of the State of New Jersey.
D.
A report of the order shall be transmitted to the
Construction Official who shall thereupon cause any applicable certificate
of occupancy for the building or premises to be held null and void.
A new certificate of occupancy shall be required for any further use
of such building or premises.
E.
In case any building or structure is erected, constructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used in violation of this chapter, the Borough Council
and its agents or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or any 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 approving authority shall
process such application for development in accordance with this chapter,
and, if such application for development complies with the requirements
of this chapter, the approving authority shall approve such application
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 approving authority, the approving authority shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the approving authority 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 approving authority
is prevented or relieved from so acting by the operation of law.
The following fees are hereby established for
copies of all documents required to be made available to the public
pursuant to this chapter:
A.
Bylaws, rules and regulations of the Planning Board
and Board of Adjustment: $0.25 per page.
B.
Transcripts of proceedings before either Board or
the Borough Council: $3 per typed page.
C.
Duplicate recordings of proceedings before either
Board or the Borough Council: $10 per tape, or any part thereof.
D.
Minutes of public meetings: $0.25 per page.
E.
List of property owners required to be served a notice
of an application of development: $10.
F.
Decisions of the Borough Council or either Board:
$0.25 per page.
G.
In addition to the fees stated herein, upon the filing
of an application, the administrative officer shall consult the professional
experts advising the Board (i.e. the Planning Engineer and/or Attorney)
to determine their estimated costs of review of the development application.
As a condition precedent to review of a development application, the
applicant shall deposit such estimated sums in escrow with the Borough
Treasurer. The experts retained by the Board shall submit certified
accounts of their services, and the applicant shall have the right
to review the same. The balances remaining in such escrow account
shall be returned to the applicant after the fees for all experts,
reviews or work have been paid.
H.
Additional fees.
[Added 2-24-1998 by Ord. No. 2225]
(1)
Multiple dwelling inspection certificate (R-2) per
dwelling unit: $25.
(2)
Inspection certificate (smoke detector/carbon monoxide
detector certificate of approval)
[Amended 12-20-2022 by Ord. No. 22-2608]
(a)
Single-family home. Building Department: $50;
Fire Prevention Office: $45 ($95 total).
[Amended 3-21-2023 by Ord. No. 23-2611]
(b)
Condominium: $50.
(c)
Two-family home. Building Department: $75; Fire
Prevention Office: $45 ($120 total).
[Amended 3-21-2023 by Ord. No. 23-2611]
(d)
Apartments (garden three or more). Building
Department: $25; Fire Prevention Office: $25.
[Amended 3-21-2023 by Ord. No. 23-2611]
(e)
Business (per): $35.
(4)
Zoning certificate: $25.
(5)
Property listing: $10.
