[Added 12-19-1984 by Ord. No. 5-84]
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by a
municipal agency when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the 45-day period for purposes of
commencing the applicable time period unless the application lacks
information indicated on a checklist as hereinafter specified, a copy
of which shall have been provided to the applicant, and unless the
municipal agency or its authorized committee or designee has notified
the applicant in writing of the deficiencies in the application within
45 days of submission of the application. The applicant may request
that one or more of the submission requirements be waived, in which
event the agency or its authorized committee shall grant or deny the
request within 45 days. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application. The municipal agency
may subsequently require correction of any information found to be
in error and submission of additional information not specified in
the chapter or any revisions in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for the approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the agency.
B.
The following checklists shall be required for a complete
application for development and shall be included in the Appendix
to this chapter[1]:
[Amended 12-7-1988 by Ord. No. 8-88]
(1)
General requirements checklists.
(2)
Minor subdivision.
(3)
Preliminary major subdivision.
(4)
Final major subdivision.
(5)
Preliminary site plan.
(6)
Final site plan.
(7)
Appeals.
(8)
Interpretations.
(11)
Variances pursuant to N.J.S.A. 40:55D-36.
(12)
Minor site plans.
[Added 5-21-1997 by Ord. No. 2-97]
[1]
Editor's Note: The Appendix is on file in
the office of the Planning Board Secretary.
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.
Voting. All actions shall be taken by a majority vote
of the members present at the meeting except as otherwise required
by any provision of N.J.S.A. 40:55D-1 et seq.
[Amended 7-16-1980 by Ord. No. 5-80; 11-18-1981 by Ord. No.
81-1P]
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 of the 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
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 11-18-1981 by Ord. No. 81-1P;
11-1887 by Ord. No. 13-87; 7-5-1989 by Ord. No. 6-89; 7-16-1997 by Ord. No. 5-97; 3-5-2003 by Ord. No.
1-2003]
Fees or charges for the submission of applications
or for the rendering of any service by the Planning Board or Zoning
Board of Adjustment or any member of their administrative staffs for
the review of an application for the development, for inspections
or for taking of appeals shall be as set forth as follows:
A.
Minor subdivision: $300 upon the filing of an application
and, in addition thereto, the sum of $50 per lot; also, $600 shall
be placed in escrow for review fees.
B.
Major subdivision.
(1)
Preliminary major subdivision: a minimum of $300, plus an additional $100 for each lot. A fee shall be placed in escrow for review fees in accordance with § 25-30V.
(2)
Final major subdivision: a minimum of $300, or 50%
of the fee for preliminary major subdivision approval, whichever is
greater.
(3)
Reapproval of a major subdivision: 25% of the original
application fee for the preliminary major subdivision, provided that
the application encompasses the same land as the original subdivision
and provided that the submission is filed within three years of the
previous preliminary approval.
(4)
Certificate of approval and release of maintenance
bond: a fee of $15 for each lot shown on the plat.
(5)
In addition to the above, following preliminary approval
and before construction begins, the subdivider shall pay the Borough
for all projected inspection services by the Borough Engineer at the
rate of 3% of the total cost of improvements as estimated by the Borough
Engineer. If a dispute arises as to the reasonableness of the fee
required, the Planning Board shall fix the same after a hearing. Any
unexpended portion of the inspection fees shall be returned to the
subdivider, and the subdivider shall reimburse the Borough for inspection
fees which exceed 3%.
C.
Informal concept review.
[Amended 9-7-2022 by Ord. No. 08-2022]
(1)
The applicant may by written request to the Board
Secretary obtain an informal concept review of a subdivision tentative
plat or map or a site plan tentative plat or map. However, if the
developer requests a review of same by the Planning Board Engineer,
or Planning Board Attorney, or other Borough Officials, prior to the
hearing on the informal review before the Branchville Planning/Zoning
Board of Adjustment, the applicant shall pay 100% of the estimated
cost of the review fees of the Borough professionals and other personnel
in reviewing the tentative plat. The applicant shall be advised that
the escrow fee for said review is $350 for the Planning/Zoning Board
of Adjustment Attorney and $250 for the Planning Board Engineer and
$200 for the Borough Planner. The applicant shall pay the same in
advance of the meeting of the Board, but before any discussion is
held on the matter. The Borough professionals who may review the application
would include without limitation, the Planning Board Engineer, Planning
Consultant and the Board Attorney. Any portion of the estimated fees
or deposit paid by the applicant which is unexpended by the reviewing
board shall be returned to the applicant.
(2)
In addition to the reimbursement to the Borough for
the cost of the review by the professionals, the applicant shall pay
to the Borough the sum of $100, which shall be used to defray the
administrative costs of processing the informal review.
D.
Site plan.
(1)
Minor site plan: $300.
(2)
Preliminary site plan.
(a)
Application fee: $500, plus.
(b)
The first 5,000 square feet of the affected
area or part thereof: $50;
(c)
For each additional 40,000 square feet of affected
area or part thereof: $50;
(d)
For each 100 square feet of floor area of an
industrial or commercial building: $5;
(e)
For each residential unit shown on the site
plan, including, without limitation, townhouses and garden apartments:
$125;
E.
Final site plan. The fee for a final site plan review
shall be as follows:
F.
Informal or concept review of site plan. The applicant may obtain an informal review of a conceptual site plan by the following the procedure and paying the fees set forth in Subsection C above entitled "Informal concept review" which governs concept reviews of tentative plans for subdivisions and site plans.
G.
Appeals. Appeals under N.J.S.A. 40:55D-70a or b: $500.
J.
Variance for lot not fronting on an approved street:
$800.
K.
Transcription fees: 100% of the estimated costs, presently
$4 per page.
L.
Revision fees: for application previously approved,
minimum of $100 or 25% of the original fee, whichever is greater.
M.
Fees for items not otherwise specified: $100.
N.
Special meeting fees: $500 or the actual cost to the
Borough, whichever is greater. Applicant shall deposit the sum of
$500 with the Borough at least five days in advance of the special
meeting. Any balance owed shall be paid within seven days after the
meeting.
O.
Zoning permit: $20, plus all normal fees for subdivision
and site plan and variances as required.
P.
Application for certification of nonconforming use
under N.J.S.A. 40:55D-68: $500.
Q.
In addition to the above, the fee for a certificate
of subdivision approval shall be $25.
R.
In addition to the fees set forth above, the applicant
shall also reimburse the Borough for the fees and expenses charged
by any consulting engineer, planning consultant or other expert hired
by the Borough with respect to the application for development.
S.
Every resubmission of subdivision approval shall be
construed as a new application, and the appropriate fee shall be paid
upon the resubmission thereof.
T.
All fees, except inspection fees, shall be payable
to the Planning Board Secretary at the time of filing any application
or appeal. Inspection fees shall be payable to the Planning Board
Secretary at the time of final subdivision or site plan approval or
commencement of construction, whichever is sooner. All permits, determinations,
resolutions or certificates of approval are subject to the payment
of all fees provided in this subsection.
U.
The Board may, at its discretion, call for an opinion
of the Borough Engineer, Board Attorney or other professionals or
experts, the expense of which shall be borne by the applicant.
V.
Professional review and expert witness fees incurred
by the Borough.
(1)
Escrow deposits. In addition to the initial fees or
charges as hereinabove set forth, the municipal agency shall require
escrow deposits in accordance with the provisions of this section.
The Chief Financial Officer of the municipality shall make all of
the payments to professionals for services rendered to the municipality
or approving authority for review of professionals for services rendered
to the municipality or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of N.J.S.A. 40:55D-1
et seq. 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 for review by outside consultants when an application is of a
nature beyond the scope of the expertise of the professionals normally
utilized by the municipality. The only cost that shall be added to
any such charges shall be actual out-of-pocket expenses of such professionals
or consultants, including normal and typical expense incurred in processing
applications and inspecting improvements. No applicant shall be charged
for any municipal, clerical or administrative functions, overhead
expenses, meeting room charges or any of the municipal costs and expenses
except as provided for specifically by statute, nor shall a municipal
professional add any such charge to his bill.
(2)
Professional services defined. The term "professional
services," as utilized herein, shall include the services of a duly
licensed engineer, surveyor, planner, attorney, scientist, realtor,
appraiser or other professional or expert who provided services for
review, advice, preparation of reports and/or expert testimony, for
inspection of the property and surrounding area and for tests performed
in order to assist the Board in the review of the application before
it. The municipality shall be entitled to be reimbursed for the review
of applications, both as to completeness and as to content, and for
the review and preparation of documents, such as but not limited to
drafting resolutions, developer's agreements and necessary correspondence
with the applicant or applicant's professionals.
(3)
Amount of escrow. Subject to the provisions of Subsection V(4), each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law and this section, submit the following sums to be held in escrow in accordance with the provisions hereof:
(a)
Residential development.
|
Number of Units
|
Escrow to Be Posted
|
|---|---|
|
1
|
$800
|
|
2 to 25
|
$2,000 additional
|
|
26 to 100
|
$2,000 additional
|
|
101 to 500
|
$5,000 additional
|
|
501 to 1,000
|
$7,500 additional
|
|
1,001 plus
|
$10,000 additional
|
(4)
Completeness of application; escrow fees.
(a)
Within 45 days after the filing of an application
for development, the Planning Board and/or the Board of Adjustment
or its authorized committee or designee, as the case may be, shall,
in conjunction with the appropriate representatives of the staff of
the Borough of Branchville, review said application for development
to determine whether the escrow amount set forth above is adequate.
In conducting such review, said Board shall consider the following
criteria:
[1]
The presence or absence of public water and/or
sewer servicing the site.
[2]
Environmental consideration, including but not
limited to geological, hydrological and ecological facts.
[3]
Traffic impact of the proposed development.
[4]
Impact of the proposed development on existing
aquifer and/or water quality.
(b)
Upon completion of said review and within said
45 day period, the Board or its authorized committee shall adopt a
resolution specifying whether the escrow amount specified above is
sufficient, excessive or insufficient. In the event that the Board
or its authorized committee shall determine that that amount is excessive,
it shall, in the resolution, specify the amount that shall be deemed
sufficient, including a specification, if appropriate, that no escrow
be posted. In the event that the Board or its authorized committee
shall determine that the amount specified above is insufficient, it
shall so specify and shall further set forth the amount required to
be posted in light of the criteria specified herein.
(c)
No application for development shall be deemed
complete until such time as the applicant shall have posted with the
Borough of Branchville in cash, certified check or money order the
amount of escrow deposit determined by the Planning Board and/or Board
of Adjustment to be required in accordance with the provisions of
this section.
(5)
Additional escrow deposits.
(a)
The Board may require additional escrow deposits
by the applicant to be posted during the course of the review of an
application, provided that:
[1]
The original amounts escrowed pursuant to this
section have been exhausted.
(b)
In the event that additional escrow moneys are
required, they shall not be deemed items required for the application
to be complete but may be required as additional information reasonably
required to decide the application. In the Board's discretion, their
payment may be required as a condition of any approval granted.
(6)
Charges for certain professional services to the applicant.
The applicant shall be responsible to reimburse the municipality with
regard to certain specific professional services in accordance with
the following:
(a)
No applicant shall be required to reimburse
the municipality for the cost of attendance by the municipality's
professional personnel at any regularly scheduled meeting of the municipal
agency or board at which a hearing is held on the application, up
to a total of two meetings. However, the municipality shall be entitled
to be reimbursed for the cost of the attendance of its professionals
for meetings on which hearings are held on the application in question
exceeding two in number. However, where hearings on other applications
are held at the same meeting at which the attendance of the municipality's
professional personnel is also required, the cost of the attendance
of the municipality's professional personnel shall be reimbursed to
the municipality on a pro rata basis.
(b)
The municipality shall be entitled to be reimbursed
for attendance of its professional personnel at special meetings of
a municipal agency or board which were requested to be called by the
applicant.
(c)
The applicant shall pay for the review of the
revision of the application or maps by the Board Attorney in the event
that the application is declared incomplete.
(d)
The cost of preparation of documents, including
but not limited to resolutions or memorializing resolutions setting
forth the findings of fact and conclusions of law of the municipal
board or agency with respect to an application, shall be reimbursed
to the Borough. The escrow provisions of N.J.S.A. 40:55D-1 et seq.
relating to escrow and escrow fees shall be complied with.
(e)
The fees for other professional services incurred
by the Board shall be reimbursed by the applicant to the Borough.
(7)
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and
upon receipt of bills from professionals and approval of said bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, the entire amount shall belong to
the applicant and shall be refunded to him by the municipality annually
or at the time the deposit is repaid or applied for the purposes for
which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent of no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided.
(8)
Reimbursement for inspection of improvements. The
developer shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the inspection and/or testing
of improvements. The municipality may require the applicant to make
a deposit for all or a portion of the reasonably anticipated fees
to be paid for the Municipal Engineer for such inspections pursuant
to N.J.S.A. 40:55D-53h.
(9)
Inspection of improvements. All of the improvements
in a subdivision or site plan shall be inspected and approved by the
Borough Engineer. The subdivider or his agent, employee or contractor
shall notify the Borough Engineer and the Secretary of the reviewing
municipal board when the work is ready for any required inspection
specified herein or required to be performed by the Borough Engineer,
the Construction Official or the appropriate subcode official. This
notice shall be given at least 48 hours prior to the start of the
construction and at least 48 hours prior to the time the inspection
is desired. Inspection shall be performed within three business days
of the time for which it was requested. The work shall not proceed
in a manner which shall preclude the inspection until it has been
made. No underground installation shall be covered until inspected
and approved.
(10)
Payments.
(a)
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 each date the services were performed, the hours spent, to one-fourth-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to the applicant and the municipal agency for which said services
were performed.
(b)
The Chief Financial Office 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. If an
escrow account or deposit contains insufficient funds to enable the
municipality or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer 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 municipality or approving authority and the application. In
the interim, any required health and safety inspections shall be made
and charged back against the replenishment of funds.
(11)
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
(12)
Closeout procedures.
(a)
The following closeout procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. 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 have been approved in N.J.S.A. 40:55D-53,
in the case of improvement inspection escrows and deposits.
(b)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and to the
approving authority and to the relevant 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 of the municipality within 30
days and shall send a copy simultaneously to the applicant. The Chief
Financial Officer of the municipality 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 in accordance
with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along
with the final accounting.
(13)
Scope of charges. 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 the 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 municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
on the subdivision or site plan.
(14)
Limitation of inspection fees. 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.
(15)
Substitution of professionals. If the municipality
retains a different professional or consultant in the place of a professional
originally responsible for development application review or inspection
of improvements, the municipality 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 municipality
or approving authority shall not bill the applicant or charge the
deposit or the escrow account for any such services.
(16)
Estimate of cost of improvements. The cost of the
installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Municipal Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the municipality. The developer may appeal the Municipal Engineer's
estimate to the County Construction Board of Appeals, established
pursuant to N.J.S.A. 52:27D-127.
(17)
Appeals.
(a)
An applicant shall notify, in writing, the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall, within a reasonable
time, attempt to remediate any disputed charges. If the matter is
not resolved to the satisfaction of the applicant, the applicant may
appeal to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, the approving authority and any
professional whose charges are the subject of the appeal. An applicant
shall file an appeal within 45 days from receipt of the informational
copy of the professional's voucher required by N.J.S.A. 40:55D-53.2c,
except that if the professional has not supplied the applicant with
an informational copy of the voucher, the applicant shall file his
appeal within 60 days from receipt of the municipal statement of activity
against the deposit or escrow account required by N.J.S.A. 40:55D-53.2c.
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.
(b)
The County Construction Board of Appeals shall
hear the appeal, render a decision thereon and file its decision with
a statement of the reasons therefor with the municipality or approving
authority not later than 10 business days following the submission
of the appeal unless such period of time has been extended with the
consent of the applicant. The decision may approve, disapprove or
modify the professional charges appealed from. A copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the municipality, the approving authority and the professional
involved in the appeal. Failure by the Board to hear an appeal and
render and file a decision thereon within the time limits prescribed
in this subsection shall be deemed a denial of the appeal for purposes
of a complaint, application or appeal to a court of competent jurisdiction.
(c)
Appeals shall be taken in accordance with the
rules and procedures established by the County Construction Board
of Appeals.
(d)
During the pendency of any appeal, the municipality
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 guaranties, 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 of the municipality 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 of the municipality 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 a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
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, c. 1938 (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 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.
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.
Service of notice.
[Amended 7-16-1980 by Ord. No. 5-80; 11-18-1981 by Ord. No.
81-1P]
(1)
Notice shall be given to the owners of all real property
located in the state, as shown on the current tax duplicate or duplicates,
within 200 feet in all directions of the property which is the subject
of such hearing and whether located within or without the Borough.
Such notice shall be given by:
(a)
Serving a copy thereof on the owner, as shown
on the said current tax duplicates, or his agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his address, as shown on the said current tax
duplicate or duplicates.
|
The above requirements shall be deemed satisfied,
where condominiums or horizontal property regimes are within 200 feet
of the applicant's property and said unit has a unit above or below
it by giving notice to the condominium association.
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(2)
If the applicant's property abuts a horizontal property
regime and an apartment of the co-owner is within 200 feet of the
applicant's property and such apartment has an apartment above or
below it, notice shall be given to the horizontal property regime.
(3)
If the applicant is the owner of a condominium unit
or co-owner of an apartment, notice shall be given to all other unit
owners or apartment co-owners within 200 feet of the unit or apartment
owned or co-owned by the applicant.
(4)
A return receipt is not required. Notice to a partnership
owner may be made upon any partner. 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.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing County road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other County land or situated within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Section 6b of Chapter
291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-106.
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered, an identification
of the property proposed for development by street address, if any,
or by reference to lot and block number, as shown on the current tax
duplicate in the Municipal Tax Assessor's office, and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
J.
Documents. Any maps and documents for which approval
is sought at a hearing shall be on file and available for public inspection
at least 14 days before the date of the hearing during normal business
hours in the office of the Borough Clerk.
[Added 11-18-81 by Ord. No. 81-1P]
[Amended 11-18-81 by Ord. No. 81-1P]
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the Tax Assessor of the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in said section of the statute, make and certify a list from the current tax duplicate of names and addresses to whom the applicant is required to give notice pursuant to § 25-32B 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.
[Amended 7-16-80 by Ord. No. 5-80]
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. 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 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 fees established for copies of other public documents in
the municipality.
C.
Written findings and conclusions.
[Added 11-18-81 by Ord. No. 81-1P; amended 12-19-84 by Ord. No. 5-84]
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in the Act for action by the municipal agency
on the application for development; or
(b)
A memorializing resolution adopted at a meeting
held no later than 45 days after the date of the meeting at which
the municipal agency voted to grant or deny approval. Only the members
of the municipal agency who voted for the action taken may vote on
the memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. An action pursuant to
N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve
an application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the action of the municipal agency and not to be an action of the
municipal agency; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the mailings,
filings and publications required by N.J.S.A. 40:55D-10(h) and (i).
(2)
If the municipal agency fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
party may apply to the Superior Court in a summary manner for an order
compelling the municipal agency to reduce its findings and conclusions
to writing within a stated time, and the cost of the application,
including attorneys' fees, shall be assessed against the municipality.
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, without separate charge to
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 N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
[Added 11-18-81 by Ord. No. 81-1P]
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots or applying for a variance to construct a multiple dwelling of
25 or more family units or for approval of a site to be used for commercial
purposes shall list the names and addresses of all stockholders or
individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of a stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or its partners holding 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterian have been listed.
[Added 12-19-84 by Ord. No. 5-84]
A.
Conditions precedent.
(1)
Whenever any application for development is approved
subject to specified conditions intended to be fulfilled before the
approval becomes effective, said conditional approval shall lapse
and become null and void unless all specified conditions are fulfilled
within 190 days of the date of conditional approval.
(2)
The fulfillment of all conditions precedent shall
be reported in writing to the municipal agency, which may cause such
reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or site plan be signed
or any required building permit, occupancy permit or zoning permit
be issued.
B.
Conditions subsequent.
(1)
Whenever any application for development is approved
subject to conditions which by their terms are incapable of being
fulfilled or are not required to be fulfilled prior to the final approval
of the application, the performance of which is not guaranteed by
bonds or securities of any type, failure to fulfill any such condition
within six months from the date of the final approval of the application
for development shall be grounds for the issuance of a stop-work order
by the enforcing official and the withholding of any zoning permit,
certificate of occupancy or any other approval until such condition
or conditions are fulfilled.
(2)
Nothing herein contained shall be construed as preventing
the municipal agency from specifying a longer period of time within
which any specific condition must be fulfilled, or from granting,
upon an ex parte application, an extension of time for fulfilling
a condition for good cause shown.
(3)
The fulfillment of all conditions shall be reported
in writing to the municipal agency, which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other
required approval be issued.
