[1]
Editor's Note: Former §§ 390-81, Conflicts of interest, and 390-82, Meetings, were superseded 1-24-2011 by Ord. No. 2158. See now §§ 390-62 and 390-62.1, respectively.
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; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[Amended 5-28-1996 by Ord. No. 1559]
A. 
The fees described herein are hereby fixed and established for development applications filed with the Planning Board. These fees are charged to cover costs associated with the administrative and clerical processing of the application and are not refundable, unless otherwise indicated.
[Amended 4-25-2022 by Ord. No. 2432]
B. 
The following application fees shall be chargeable for variance review, together with any and all additional fees as specified below:
(1) 
Applications filed pursuant to N.J.S.A. 40:55D-70a or N.J.S.A. 40:55D-70b: $100. On applications pursuant to N.J.S.A. 40:55D-70a, the filing fee shall be returned to the applicant if said applicant is successful in overturning the decision of the municipal official.
(2) 
Applications filed pursuant to N.J.S.A. 40:55D-70c in connection with a variance on property to be used for one- or two-family use: $100.
(3) 
Applications filed pursuant to N.J.S.A. 40:55D-70c for a variance on property to be used for a multifamily house, consisting of three to 10 units: $150.
(4) 
Applications filed pursuant to N.J.S.A. 40:55D-70c for a variance on property to be used for a multifamily house consisting of 11 or more units: $250.
(5) 
Applications filed pursuant to N.J.S.A. 40:55D-70c in connection with property used for business, commercial and/or industrial use or any part to be used for these purposes having a land size of less than 10,000 square feet: $150.
(6) 
Applications filed pursuant to N.J.S.A. 40:55D-70c in connection with a variance on property for business, commercial and/or industrial use or any part to be used for these purposes having a land size in excess of 10,000 square feet: $250.
(7) 
Applications filed pursuant to N.J.S.A. 40:55D-70d: $300.
(8) 
Application for telecommunications (cell sites, towers, antennas): $10,000.
[Added 4-25-2022 by Ord. No. 2432]
C. 
Applications shall not be considered filed until the requisite fees and escrow deposits are paid in full. If a single application requires review under two or more fee or deposit categories, the fee shall be the highest among the fees applicable and the deposit shall be the highest among the deposits applicable.
D. 
Escrow. Applicants are required, as part of the application process, to post escrow deposits as security for the anticipated fees of the Board professionals as indicated above. Escrow deposits shall be made separately for each category of professional, including, but not limited to, attorney, engineer and planner. The escrow deposits shall be made in accordance with the below schedule, with the understanding that the reviewing engineer may adjust the amount of the required escrow based on the details of a particular application, and shall promptly give notice to the applicant upon making such determination. If, during the course of a continuing hearing, the Planning Board reasonably determines that additional escrows need to be posted, the applicant shall be given notice of same and shall promptly post any such required escrow. Applications shall not be determined to be complete until the requisite fees and escrow deposits are paid in full.
[Amended 4-25-2022 by Ord. No. 2432; 8-8-2022 by Ord. No. 2438]
Escrow Deposits for Planning Board
1
2
3
4
Minor Subdivision
Minor Subdivision
Major Subdivision
Major Subdivision
Type of Application
C
Variance Only
D
Variance Only
C/D Variance
No Variance Required
Prelim.
Final
Prelim.
Final
Residential Single Family
$1,675
$2,525
$3,075
N/A
N/A
N/A
N/A
N/A
Planning Board Attorney
$925
$925
$925
N/A
N/A
N/A
N/A
N/A
Planning Board Engineer
$750
$200
$750
N/A
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,400
$1,400
N/A
N/A
N/A
N/A
N/A
Residential Two Family
$1,925
$2,575
$3,325
N/A
N/A
N/A
N/A
N/A
Planning Board Attorney
$925
$925
$925
N/A
N/A
N/A
N/A
N/A
Planning Board Engineer
$1,000
$250
$1,000
N/A
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,400
$1,400
N/A
N/A
N/A
N/A
N/A
Residential Three Family Or More
$2,200
$3,400
$3,600
N/A
N/A
N/A
N/A
N/A
Planning Board Attorney
$1,000
$1,000
$1,000
N/A
N/A
N/A
N/A
N/A
Planning Board Engineer
$1,200
$1,000
$1,200
N/A
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,400
$1,400
N/A
N/A
N/A
N/A
N/A
Nonresidential Site Plan Less than 10,000 Square Feet
$4,500
$3,300
$6,300
$4,000
N/A
N/A
N/A
N/A
Planning Board Attorney
$1,000
$1,000
$1,000
$1,000
N/A
N/A
N/A
N/A
Planning Board Engineer
$3,500
$500
$3,500
$3,000
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,800
$1,800
$0
N/A
N/A
N/A
N/A
Nonresidential Site Plan 10,000 Square Feet or More
$6,500
$3,300
$8,300
$6,000
N/A
N/A
N/A
N/A
Planning Board Attorney
$1,000
$1,000
$1,000
$1,000
N/A
N/A
N/A
N/A
Planning Board Engineer
$5,500
$500
$5,500
$5,000
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,800
$1,800
$0
N/A
N/A
N/A
N/A
Telecommunication Facilities
$6,500
$3,300
$8,300
$6,000
N/A
N/A
N/A
N/A
Planning Board Attorney
$1,000
$1,000
$1,000
$1,000
N/A
N/A
N/A
N/A
Planning Board Engineer
$5,500
$500
$5,500
$5,000
N/A
N/A
N/A
N/A
Planning Board Planner
$0
$1,800
$1,800
$0
N/A
N/A
N/A
N/A
Subdivision
N/A
N/A
N/A
N/A
$3,300
$3,300
$5,300
$5,300
Planning Board Attorney
N/A
N/A
N/A
N/A
$1,000
$1,000
$1,000
$1,000
Planning Board Engineer
N/A
N/A
N/A
N/A
$1,500
$1,500
$1,500
$2,500
Planning Board Planner (If necessary)
N/A
N/A
N/A
N/A
$800
$800
$1,800
$1,800
E. 
Responsibility by virtue of the filing of an application for development with the Planning Board. The applicant agrees to be responsible to pay the fees of the professionals, including, but not limited to, attorney, engineer and planner, reasonably incurred in connection with the review, processing and approval or denial of the application. The failure of an applicant to pay, within a reasonable period of time, the outstanding fee of any Board professional, or the failure to post a required escrow deposit, shall entitle the Planning Board to suspend hearings and/or to withhold approving documents. In addition, such failure shall authorize the Building Department to withhold the issuance of permits, certificates of occupancy and other approvals. The Board professional will also be authorized to commence a legal action against the applicant seeking the payment of any outstanding fees.
[Added 4-25-2022 by Ord. No. 2432[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections E through F as Subsections G through H, respectively.
F. 
Procedures: The provisions of N.J.S.A. 40:55D-53.1, 53.2, and 53.2a as they pertain to the disposition of required deposits, payments to professionals, deposits towards expenses and dispute procedures are incorporated by reference with the proviso that the failure of an applicant to notify the governing body with a copy of said notice to the Chief Financial Officer, the appropriate Board and the professional who rendered the bill of its dispute of the charges within 20 days of receipt of same shall be deemed a waiver of the applicant's right to challenge said charge or charges.
[Added 4-25-2022 by Ord. No. 2432]
G. 
Other fees:
(1) 
Special or extended hearings, plus special Board hearing fees, shall be $200. Special or extended hearing fees will be held at the Board's discretion.
(2) 
A performance bond, in the amount of $2,000 must be posted by an applicant seeking approval from the Board of Adjustment in connection with any property located in a commercial zone. The term "commercial zone" shall be deemed to refer to any of the various commercial zones existing in the Borough of Ridgefield pursuant to the terms of the Zoning ordinance as it may be amended from time to time and shall include, but not be limited to, the office and Townhouse Zone, District D Retail Business, commercial or office Zone, Office Low-Rise Zone, office Commercial Zone, Commercial Zone, Office Mid-Rise Zones (O-5 and O-7), Commercial and Hotel Zone, office/Mid-Rise Hotel Zone, Neighborhood Business Zone, Light Manufacturing Zone and Heavy Manufacturing Zone. This bond shall be posted to ensure that the improvements required by the Board are installed by the applicant. Upon completion of all of the required improvements by the applicant, the bond shall be released to the applicant. In the event that the required improvements are not performed by the applicant, said bond shall be utilized by the Borough to pay the costs associated with completion of these improvements.
(3) 
Publication and notice. The applicant shall be responsible for payment of all necessary publication and notice fees.
(4) 
Transcripts. Copies, documents or transcripts of proceedings furnished to an interested party pursuant to N.J.S.A. 40:55D-12f shall be charged at the rate of $0.40 for each original page (folio) and $0.10 for each of the copies or the maximum permitted by N.J.S.A. 2A:11-15, whichever is greater. An order for a transcript must be accompanied by a deposit of $500 or some other amount which the administrative officer considers to be reasonable.
(5) 
List of property owners. A list of property owners from the current tax duplicate pursuant to N.J.S.A. 40:55D-12c will be furnished at $0.25 per name or $10, whichever is greater.
(6) 
Copy of decision of governing body to interested party in connection with an appeal shall be $10.
(7) 
Publication in newspaper of a decision of the governing body on an appeal. The cost of publication shall be borne by the applicant.
(8) 
A fee calculated to defray the cost of tuition for those persons required to take the course in land use law and planning pursuant to the requirements of N.J.S.A. 40:55D-23.3, et als., as more specifically provided in N.J.S.A. 40:55D-8. The Mayor and Council shall, from time to time, establish by resolution a reasonable fee to be charged to each applicant to defray that cost of tuition as the Mayor and Council may determine by resolution from time to time.
[Added 12-27-2005 by Ord. No. 1961]
H. 
Nonprofit organizations.
[Added 7-23-2007 by Ord. No. 2029]
(1) 
In accordance with N.J.S.A. 40:55D-8c, all charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. 501(c) or (d)] shall be exempt from the payment of any fees charged under this section, and §§ 390-157 and 390-200.
(2) 
Any organization seeking exemption under Subsection F(1) of this subsection shall provide to the Planning Board or the Zoning Board written proof of its valid and current status as a 501(c) or (d) organization as part of its application to such Board.
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 Part 2.
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. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right to 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 stenographic, 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. 
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner, as shown on the said current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, 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 § 390-86B 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 Tax Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
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 Part 2 shall state the date, time and place of the hearing; the nature of the matters to be considered; the 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.
J. 
In addition to the foregoing notice requirements as set forth in the Municipal Land Use Law, whenever a property is the subject of any application for development pursuant to the Municipal Land Use Law, the applicant shall allow the Borough to place a sign as hereinafter described on the property subject to the application, thereby giving additional notice of the application.
[Added 12-11-2000 by Ord. No. 1721]
(1) 
The sign to be placed on the property shall be fabricated by the Borough and shall read as follows: "This property is subject to a developmental application. The hearing will be held on _______________."
(2) 
The Zoning Officer of the Borough shall be responsible for placement of the sign and certification to the Board of the fact that the sign was placed on the subject property.
(3) 
The sign shall be placed on the subject property no more than two weeks prior to the hearing and shall remain on the property until completion of the hearing.
(4) 
The sign shall measure three feet by three feet with a white background and black lettering.
(5) 
Neither the Planning Board nor the Board of Adjustment shall entertain a hearing unless the Zoning Officer has certified that the sign was placed on the premises and remained on the premises in accordance with the foregoing.
(6) 
Nothing herein contained shall affect or dispense with any requirements mandated by the Municipal Land Use Law but shall be merely supplementary thereto.
(7) 
The sign shall be placed by the Zoning Officer or Department of Public Works in a prominent position as close to the sidewalk or street on which the property has frontage so as to be readable from the sidewalk or street.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 390-86B of this Part 2.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board, within 10 days of the date of decision, to the applicant or, if represented, then to his attorney, without separate charge. 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 established for copies of other public documents in 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 such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.