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.
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,
action taken by the Board, the findings, if any, made by it and the
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 law.
[Amended 2-26-2008 by Ord. No. 08-1]
A. Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the Borough shall require escrow deposits in accordance with the provisions of the fee and deposit schedules set forth in §§
212-18 and
212-23. The Chief Financial Officer of the Borough shall make all of the payments to 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 Borough. 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 expenses 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 Borough costs and expenses, except as provided for specifically by statute, nor shall a Borough professional add any such charge to his bill.
B. Scope of reimbursed services. The Borough shall be
entitled to be reimbursed for the review of applications, both as
to completeness and as to content, for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements, and necessary correspondence with applicant or applicant's
professionals.
C. 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 Borough 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 Borough 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 Borough
may retain for administrative expenses a sum equivalent to 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
action on the application is complete, as evidenced by the issuance
of all certificates of occupancy or a final denial of the application.
D. Payments.
(1) 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,
each date the services were performed, the hours spent to one-quarter
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Borough
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant and
the Borough agency for whom said services were performed.
(2) The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements and the
cumulative balance of the escrow account. This information shall be
provided on a quarterly basis, if monthly charges are $1,000 or less,
or on a monthly basis if monthly charges exceed $1,000. If an escrow
account or deposit contains insufficient funds to enable the Borough
or approving authority to perform required application reviews or
improvement inspections, the Chief Financial Officer shall provide
the applicant with a notice of the insufficient escrow or deposit
balance. In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the Borough or approving
authority and the applicant. In the interim, any required health and
safety inspections shall be made and charged back against the replenishment
of funds.
E. 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 Borough from professional personnel rendering
services in connection with such application and payment has been
made.
F. Close-out procedures. The following close-out 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 taken final action on the application,
evidenced by the issuing of all applicable certificates of occupancy
or final denial of the application. The applicant shall send written
notice by certified mail to the Chief Financial Officer of the Borough
and the approving authority and to the relevant Borough 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 Borough within
30 days and shall send a copy simultaneously to the applicant. The
Chief Financial Officer of the Borough 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.
G. 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 Borough 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.
H. 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.
I. 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 Borough Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the Borough. The developer may appeal the Borough Engineer's estimate
to the County Construction Board of Appeals, established pursuant
to N.J.S.A 52:27D-127.
J. Appeals.
(1) 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 Borough 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 Borough professional or consultant, or the cost of the installation
of improvements estimated by the Borough 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 Borough, 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-53.2(c), except
that if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the Borough statement of activity against
the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c).
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.
(2) Appeals shall be taken in accordance with the Rules
and procedures established by the County Construction Board of Appeals.
(3) During the pendency of any appeal, the Borough or
approving authority shall continue to process, hear and decide the
application of 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 of maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the Borough may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed. If the charge is disallowed after payment, the Chief Financial
Officer of the Borough shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant. If a charge is disallowed after payment to a professional
or consultant who is not an employee of the Borough, the professional
or consultant shall reimburse the Borough in the amount of any such
disallowed charge.
All applications, maps and documents for which
approval is sought shall be on file and available for public inspection
at least 10 days before the date of the hearing.
[Amended 5-16-1978 by Ord. No. 13-78]
A. Whenever a notice for 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:
(1) Notice shall be given by publication in the official
newspaper of the municipality at least 10 days prior to the date of
the hearing.
(2) Notice shall be given to the owners located in the
state of all real property, as shown on the current tax duplicate
or duplicates, located within 200 feet in all directions of the property
which is subject to such hearing.
[Amended 4-15-1980 by Ord. No. 9-80]
(3) Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given pursuant to the preceding subsection to the owners
of lands in such adjoining municipality which are located within 200
feet of the subject premises.
(4) Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(5) Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6) Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include copies of any maps or documents required
to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
B. All notices required to be given pursuant to the terms
of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the
property proposed for development by street address, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office, and the location and times
at which any maps and documents for which approval is sought are available
as required by law. If relief is requested in the form of a variance,
the notice shall include a brief description of the relief sought.
C. All notices 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.
D. Any notice made by certified mail, as required by
this section, shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
E. Such notice shall be given by:
(1) Serving a copy thereof on the owner, as shown on the
current tax duplicate, or on his agent in charge of the property;
or
(2) Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate. A return
receipt is not required.
F. 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.
[Amended 4-15-1980 by Ord. No. 9-80]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough shall, within seven days' receipt of a request therefor and upon receipt of payment of a fee not in excess of $0.25 per name or $10, whichever is greater, make and certify a list, from the current tax duplicate, of names and addresses of owners to whom the applicant is required to give notice pursuant to §
212-12.
[Amended 12-19-1989 by Ord. No. 24-89; 5-18-1993 by Ord. No.
4-93; 12-16-1997 by Ord. No. 19-97; 5-20-2008 by Ord. No. 08-17; 2-25-2016 by Ord. No. 16-1]
A. Prior to
the certification of completeness of any application to the Planning
Board or the Zoning Board of Adjustment, all applicable fees shall
be paid.
B. Fees for
applications to the Planning Board or the Zoning Board of Adjustment
shall be as set forth in the attached schedule at the end of this
chapter.