Borough of Leonia, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In accordance with the Municipal Land Use Law, the Planning Board shall act as the approving authority for subdivision plats as a condition for filing such plats with the county recording officer, either individually or as part of a simultaneous application with other governmental agencies:
A. 
For minor subdivisions.
B. 
For preliminary and final major subdivisions.
C. 
For minor and major subdivisions which also require conditional use approval.
D. 
For minor and major subdivisions which also require site plan approval.
E. 
For minor and major subdivisions which also require planned development approval, when authorized by Chapter 290, Zoning.
F. 
For minor and major subdivisions in which a variance is requested, pursuant to the provisions of N.J.S.A. 40:55D-60.
In accordance with the Municipal Land Use Law, the Board of Adjustment shall act as the approving authority for subdivision plats as a condition for filing such plats with the county recording officer when a use variance, pursuant to the provisions of N.J.S.A. 40:55D-70d, is requested and a subdivision is required as part of the application.
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review if the literal enforcement of one or more provisions of the chapter is impractical or will exact undue hardship because of the peculiar conditions pertaining to the land being subdivided.
The approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with the review for subdivision approval without the applicant being required to make further application to the approving authority or the approving authority being required to hold further hearings. When such simultaneous action is being taken by the approving authority, the longest time period for action by the approving authority, whether it be for subdivision, conditional use, site plan approval or variance, shall apply to the application. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the subdivision application shall include reference to the request for such conditional use or use variance.
At the request of a developer, the approving authority shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
A. 
Application fees. The application fees for subdivisions shall be as set forth in Chapter 123, Fees, and shall be paid with the filing of the application in cash, certified or bank check to the municipality.
B. 
Inspection fees. The applicant shall deposit the sum of 3% of the estimated cost of the improvements required by the subdivision approval to pay the municipality's engineering and inspection expenses related to the construction and installation of the improvements, together with a sum sufficient, in the opinion of the approving authority, to pay the municipality for its legal, planning, recording and other costs regarding the subdivision.
C. 
Fees for specific services. The fees for the reproduction of minutes of meetings, transcripts, copies of decisions and certified lists of persons requiring notice and other miscellaneous services shall be as set forth in Chapter 123, Fees.
D. 
Escrow fees; when required.
(1) 
In addition to the required application fees, the applicant shall be required to establish one or more escrow accounts with the municipality for the purpose of paying the municipality's expenses for professional services concerning the application.
(2) 
Escrow fees shall be required for:
(a) 
Preliminary subdivision approval.
(b) 
Final subdivision approval.
(c) 
Any subdivision requiring conditional use approval.
(d) 
Any subdivision requiring site plan approval.
(e) 
Any subdivision requiring planned development approval, when authorized by Chapter 290, Zoning.
(f) 
Any subdivision requiring a variance.
E. 
Escrow fees; how determined. Upon receipt of an application requiring escrow fees, the administrative officer shall send a copy of the application and one set of all maps and reports to the Municipal Engineer, the approving authority Attorney and any other approving authority professional consultants. Within seven days of the receipt of a copy of the application, said professional consultants shall submit an estimate of the funds sufficient in amount to pay for the technical reviews, reports and other services they deem will be necessary concerning the application. After receipt of such estimated fees, the approving authority shall determine the funds necessary to pay its professional consultants for anticipated services to be rendered concerning the application, and the applicant shall forthwith deposit the required funds with the municipality to be maintained in an escrow account to be used for the payment of professional services rendered to the approving authority by its consultants in the following manner:
(1) 
The professional consultants shall submit vouchers to the municipality for their services, and, upon approval of the approving authority, the vouchers shall be paid from the applicant's escrow account. The applicant may request of the approving authority copies of vouchers submitted for payment from the applicant's escrow account and may request the opportunity to be heard by the approving authority concerning such vouchers prior to their being approved for payment.
(2) 
The balance remaining in the applicant's escrow account upon final action on the application shall be returned to the applicant.
(3) 
In the event that the funds deposited by the applicant are found to be insufficient to pay the approving authority's professional consultants for their services, the approving authority may require the applicant to deposit additional funds with the municipality for that purpose.
(4) 
The administrative officer shall notify the approving authority's professional consultants when the escrow deposits have been made and that they may begin their review of the application.
(5) 
The approving authority shall take no formal action concerning the application unless all application fees and escrow funds have been paid to the municipality.
A. 
When required. Public hearings are required for:
(1) 
Preliminary major subdivision.
(2) 
Any subdivision requiring conditional use approval.
(3) 
Any subdivision requiring site plan approval.
(4) 
Any subdivision requiring planned development approval.
(5) 
Any subdivision requiring a variance.
B. 
When not required. Public hearings are not required for:
(1) 
Minor subdivisions.
(2) 
Final subdivisions.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days prior to the date of the hearing during normal business hours in the office of the Municipal Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
A. 
Notice of public hearings.
(1) 
Notice of a hearing requiring public notice pursuant to § 250-9A of this chapter shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
(a) 
Notice shall be given by:
[1] 
Serving a copy thereof on the property owner as shown on said current tax duplicate or 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 said current tax duplicate.
(b) 
Notice to a partnership owner may be made by service upon any partner.
(c) 
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.
(d) 
Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject matter of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(2) 
Said notice shall state the date, time and place of the hearing, the nature of the application and the matters to be considered by the approving authority, the identification of the property proposed for subdivision or development by its street address and current tax lot and block numbers. The notice shall also state that the maps and documents concerning the application will be available for public inspection at the Municipal Clerk's office during normal business hours.
(3) 
Notice shall be given at least 10 days prior to the date of the public hearing.
(4) 
The applicant shall also cause notice of the hearing to be published in the official newspaper of the municipality at least 10 days prior to the public hearing.
(5) 
Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer at least forty-eight (48) hours prior to the public hearing.
B. 
Certification of list of persons entitled to notice. Upon the written request of an applicant, the administrative officer of the municipality shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 250-11A of this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on said list shall not invalidate any hearing or proceeding. The applicant shall pay a fee as set forth in Chapter 123, Fees.
C. 
Other notifications.
(1) 
Adjoining municipalities. 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.
(2) 
Bergen County Planning Board. Notice of all hearings on applications for the 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 the municipal boundary, shall be given by personal service or certified mail to the Bergen County Planning Board.
(3) 
Commissioner of Transportation. Notice of all hearings on applications for development of property adjacent to a state highway shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation.
(4) 
Department of Community Affairs. Notice of all hearings on any applications for development of property which exceeds 150 acres or 500 dwelling units shall be given to the New Jersey Division of State and Regional Planning in the Department of Community Affairs. The notice shall include a copy of any maps or documents required to he on file with the Municipal Clerk concerning such application.
(5) 
Effect of mailing notice. Notice made by certified mail shall be deemed complete upon mailing.
The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The approving authority shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party, at his expense. The charge to an interested party for a transcript shall not be more than the maximum permitted in N.J.S.A. 2A:11-15, and such transcripts shall be certified, in writing, by the transcriber to be accurate.
A. 
Each decision on any application for development shall be reduced to writing as provided in this section and shall include findings of fact and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
B. 
The approving authority may provide such written decision and findings and conclusions either on the date of the meeting at which the approving authority grants or denies approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the approving authority thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by a resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
C. 
The adoption of a resolution of memorialization pursuant to this section shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the approving authority who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the approving authority and not to be an action of the approving authority, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
D. 
Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of decision for purposes of the mailings, filings and publications required by law.
A. 
Notification of decision. A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented, to his attorney, without separate charge, and to all who may request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
B. 
Publication of notice of decision. A brief notice shall be published in the official newspaper of the municipality. The period of time from which an appeal of the decision may be made shall run from the publication of the decision.
A. 
A prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision may apply in writing to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the approving authority. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. 
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and payment of the fees therefor. The administrative officer shall keep a duplicate copy of each such certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a certificate as to approval of subdivision of land and shall certify:
(1) 
Whether there exists in the municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land.
(2) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions of terms thereof, showing that the subdivision of which the lands are a part is validly existing subdivision.
(3) 
Whether the subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by the Municipal Land Use Law.