Whenever a term is used in this chapter which
is defined in c. 291, P.L. 1975, such term is intended to have the
meaning set forth in the definition of such term found in said statute,
unless a contrary intention is clearly expressed from the context
of this chapter.
All sections of the Land Subdivision Ordinance,
Zoning Ordinance or any other ordinance of the City of Hackensack
which contain provisions contrary to the provisions of this chapter
shall be and are hereby, to the extent of such inconsistency, repealed.
Pursuant to the provisions of c. 291, P.L. 1975,
Section 81, the substantive provisions of the existing Land Subdivision
Ordinance and Zoning Ordinance of the City of Hackensack and the development
regulations set forth therein shall continue in full force and effect
and shall be read in pari materia with this chapter.
This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the City of Hackensack."
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law. The Clerk shall also file with
said County Planning Board copies of all other ordinances of the municipality
relating to land use, such as the Subdivision, Zoning and Site Plan
Review Ordinances.
[Added 11-19-1984 by Ord. No. 26-84]
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 municipal
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 forty-five-day
period for purposes of commencing the applicable time period, unless:
(1)
The application lacks information indicated on a checklist
adopted by ordinance and provided the applicant; and
(2)
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.
B.
Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval on the application.
C.
The municipal agency may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for 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
municipal agency.
[Added 11-19-1984 by Ord. No. 26-84]
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 a municipal agency on
the application for development; or
B.
A memorializing resolution adopted at a meeting held
not 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. 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 of any such resolution shall be deemed to be a memorialization
of the 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 mailing, filing and publications required by N.J.S.A. 40:55D-10.
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
with in a stated time, and the cost of the application, including
attorneys' fees, shall be assessed against the municipality.
