All regular meetings and all special meetings
shall be open to the public. Notice of all such meetings shall be
given in accordance with state law. An executive session for the purpose
of discussing certain matters as specified by state law shall not
be deemed a regular or special meeting within the meaning of this
chapter.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and/or the persons appearing by
attorney, the action taken by the municipal agency, 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 Secretary. Any interested party shall have the
right to compel production of the minutes for use as evidence in any
legal proceedings concerning the subject matter of such minutes. Such
interested party may be charged a reasonable fee for reproduction
of the minutes for his use.
Notices pursuant to this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to §
53-29 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to §
53-27, above.
Notice pursuant to Subsections A, B, C, D, E,
F and G of this section shall be given by the applicant at least 10
days prior to the date of the hearing.
A. Public notice of a hearing on an application for development
shall be given except for minor subdivisions, final site plans and
final subdivisions. Public notice shall be required in the event that
relief is requested on applications undertaken by the Planning Board
in lieu of the Zoning Board of Adjustment. Public notice shall be
given by publication in the official newspaper of the municipality,
if there is one, or in a newspaper of general circulation in the municipality.
B. Notice of a hearing requiring public notice pursuant to Subsection
A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located 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 unit 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. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address, as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or area located within 200 feet of the property which is the subject 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.
C. Upon the written request of an applicant, accompanied by a list of block and lot numbers to whom the applicant is required to give notice, the Tax Assessor of the City of Rahway, within seven days, shall make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
B of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10, whichever is greater, may be charged for such list. At the option of the applicant, the Tax Assessor will provide three sets of mailing labels of the names and addresses of owners to whom the applicant is required to give notice. The sum of $25 will be charged for such mailing labels.
[Amended 4-12-1999 by Ord. No. O-10-99]
D. Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
E. Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
F. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
G. Notice shall be given by personal service or certified mail to the director of the Division of 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 §
53-52 of this chapter.
H. The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
I. Notice pursuant to Subsections
D,
E,
F and
G of this section shall not be deemed to be required, unless public notice pursuant to Subsection
A and notice pursuant to Subsection
B of this section are required.
[Added 2-14-1989 by Ord. No. A-2-89]
A. In addition to the fees set forth in §
53-30C, an applicant shall be responsible for reimbursing the City for escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in §
53-31D. 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 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., including, without limitation:
[Amended 7-10-1989 by Ord. No. A-7-89; 9-8-2008 by Ord. No.
O-23-08; 2-90-2009 by Ord. No. O-1-09]
(1) Expenses and applications.
(a)
All expenses of professional personnel appointed
by the board to provide necessary professional services, including
in-house professionals and outside professionals, to process an application
for development before the approving board, including, without limitation:
[Amended 7-10-2023 by Ord. No. O-29-23]
[1]
Charges for reviews by professional personnel
of applications and accompanying documents;
[2]
Issuance of reports by professional personnel
to the approving board setting forth recommendations resulting from
the review of any documents submitted by the applicant;
[3]
Charges for any telephone conference or meeting
with the applicant, his attorney or any of his experts;
[4]
Review of documents submitted by the applicant
and issuance of reports relating thereto;
[5]
Review or preparation of documents, including
but not limited to easements, developers' agreements, deeds, resolutions
of approval or the like; and
[6]
Preparation for and attendance at hearings on
the application.
(b)
Applications for development shall include appeals,
interpretation, site plans, subdivisions, bulk variances, conceptual
reviews and any other development application.
(2) The costs of expert advice and/or testimony obtained
by the approving board in connection with its consideration of the
application.
(3) Charges against the escrow.
[Added 7-10-2023 by Ord.
No. O-29-23]
(a)
Outside professionals. Charges for professional services of
outside professionals shall be based upon a schedule of fees established
by appropriate action of the City Council or reviewing board and shall
include the dollar amount of all charges by outside professionals
(as defined herein) for professional services rendered to the City
and/or the reviewing board in connection with the application, plus
all actual out-of-pocket disbursements incurred in regard to such
services.
(b)
Fees and escrow charges for in-house professionals appointed by the board shall be based on the median dollar amount of the hourly base salary range pursuant to Chapter
89, Salaries and Compensation, of each in-house professional who has rendered professional services to the City and/or the reviewing board in connection with the application multiplied by both of the following:
[1]
The total number of hours of professional services rendered
by each in-house professional in connection with the application.
B. No applicant shall be responsible to reimburse the
municipality for any of the following:
(1) Except as otherwise set forth in Subsection
A(2) and
(3)(b) above, attendance by the municipality's professional personnel at any regularly scheduled meeting of the approving Board; provided, however, that the municipality shall be entitled to be reimbursed for attendance of its professional personnel at special meetings of the approving Board which are called at the applicant's request. Nothing contained herein shall be construed as requiring the approving Board to grant an applicant's request to hold a special meeting.
[Amended 7-10-2023 by Ord. No. O-29-23]
(2) Except as otherwise set forth in Subsection A(1)(a)[7]
above, the preparation of a resolution or memorializing resolution
setting forth the findings of fact and conclusions of the approving
Board with respect to an application.
C. The term "professional personnel" or "professional
services," as used herein, shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser or other
expert who would provide professional services to ensure an application
complies with the standards set forth in this chapter and other experts
whose testimony is in an area testified to by any of the applicant's
experts.
D. Escrows.
[Amended 7-10-1989 by Ord. No. A-7-89]
(1) Subject to the provisions of Subsection
E hereinbelow, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Act, submit the following sum(s) to be held in escrow in accordance
with the provisions hereof:
[Amended 4-11-2005 by Ord. No. O-9-05; 9-8-2008 by Ord. No. O-23-08; 2-9-2009 by Ord. No.
O-1-09]
(a)
Residential development.
Number of Units
|
Escrow Amount To Be Posted
|
---|
0 to 3
|
$2,000
|
4 to 10
|
$3,000
|
11 to 25
|
$4,500
|
26 to 100
|
$7,500
|
100 or more
|
$10,000
|
(b)
All other development applications involving
structures.
|
Total Floor Plan
(square feet)
|
Escrow Amount To Be Posted
|
---|
|
0 to 500
|
$3,000
|
|
501 to 1,000
|
$4,000
|
|
1,001 to 5,000
|
$4,500
|
|
5,001 to 10,000
|
$7,000
|
|
10,001 to 15,000
|
$9,000
|
|
15,001 to 20,000
|
$10,000
|
|
20,001 to 25,000
|
$12,500
|
|
25,001 to 100,000
|
$15,000
|
|
Over 100,001
|
$18,000
|
(c) Escrows shall be deposited and disbursed pursuant to the provisions
of N.J.S.A. 40:55D-53.1. Escrow deposits shall be replenished by the
applicant as required by N.J.S.A. 40:55D-53h.
(2) If the approving agency is requested to have a special
meeting by the applicant and decides to do so, the applicant shall
have professional fees deducted from the escrow fees per this section.
Professionals attending meetings may bill at the rate of four hours
minimum which may be distributed over one applicant or multiple applicants
who so requested the special meeting. If the planning consultant requested
by the applicant to review the application prior to formal submission
of the application, the fee shall be $150 for each consultation, which
shall be deposited in the escrow fund.
(3) The sums hereinabove set forth are estimates and,
during its review of an application for development, the approving
Board may determine that such sums are sufficient, excessive or insufficient,
based upon the following criteria:
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including without
limitation geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing
aquifer and/or water quality.
(e)
Impact on improvements which might require off-tract
or off-site contributions.
(4) In the event that the approving Board shall determine said amount is excessive, it shall, upon the prior written request of the applicant and by resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by Subsection
G below. In the event that the approving Board shall determine the amount specified above is insufficient, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Said additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.
E. Conditions and requirements.
(1) No subdivision plat or deed or site plan shall be
signed, nor shall any zoning permits, building permits, certificates
of occupancy or any other types of permits be issued with respect
to any approved application for development until:
(a)
All bills for reimbursable services have been
received by the municipality from professional personnel rendering
services in connection with such application.
(b)
Payment of such bills has been approved by the
Department of Health, Welfare and Building.
(c)
The applicant has reimbursed the municipality
the excess of such bills over the escrowed amount otherwise herein
provided for.
(2) If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by Subsection
G below. The administrative officer shall determine the position of all escrow accounts and, where additional funds are required, it shall be the obligation of the administrative officer to so notify the applicant of the amounts needed. At the time of filing the application for development, the applicant shall execute an escrow agreement containing the terms set forth herein.
F. No professional personnel submitting charges to the municipality for any of the services referred to in Subsection
A above shall charge for any of the services contemplated by said section at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance. Payment of any bill rendered by a professional to the municipality in respect to any service for which the municipality is entitled to reimbursement under this section shall in no way be contingent upon receipt of reimbursement by the developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
G. Deposits received from any developer pursuant to Subsection
D shall be deposited in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. 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, that 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 to the purposes for which it was deposited, as the case may be; except that the municipality 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.