[Adopted as § 2-20A (Ord. No. 269) of the
1970 Revised General Ordinances]
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 disqualifies himself from acting on a particular matter, he
shall not continue to sit with the Board for the hearing of such matter
or participate in any discussion or decision relating thereto.
[Amended by Ord. No. 304]
The following shall apply:
A.
Meetings. Meetings of both the Planning Board and
Zoning Board of Adjustment shall be scheduled no less often than once
a month and any meeting so scheduled shall be held unless canceled
for lack of applications for development to process.
B.
Special meetings. Special meetings, which shall be
held on notice to its members and the public in accordance with all
applicable legal requirements, may be provided for at the call of
the Chairman or on the request of any two Board members.
C.
Action. No action shall be taken at any meeting without
a quorum being present.
D.
Quorum. All actions shall be taken by majority vote
of the members of the Board present at the meeting, except as otherwise
required by any provision of N.J.S.A. 40:55D-1 et seq.
E.
Open meetings. All regular meetings and all special
meetings shall be open to the public. Notice of all such meetings
shall be given in accordance with applicable laws. An executive session
for the purpose of discussing and studying any matters to come before
either Board shall not be deemed a regular or special meeting in accordance
with the provisions of N.J.S.A. 40:55D-9.
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, 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
appropriate administrative office of the Board. 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
the minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes for his use.
[Amended by Ord. No. 304]
Fees to be charged an applicant for review of an application for development by a municipal agency, and an appellant, pursuant to Chapter 220, Zoning, shall be reasonable and shall be established by ordinance.
[Added 2-28-2001 by Ord. No. 583]
A.
The purpose of this section is to adopt general requirements,
instructions and checklists outlining the requirements of submissions
of all applications to the Planning Board and the Zoning Board of
Adjustment of the Borough of Alpine. Such requirements shall be necessary
to allow the Planning Board and the Zoning Board of Adjustment or
their designated officer(s) to rule on whether or not an application
may be deemed complete and placed on the Planning Board's or the Zoning
Board of Adjustment's agenda for a hearing.
(1)
Determination of completeness. Every application for
development submitted to the Borough of Alpine for review by the Planning
Board or the Zoning Board of Adjustment shall first be submitted to
the officer(s) designated by the Planning Board or Zoning Board of
Adjustment for a determination as to whether or not the application
may be deemed complete. An application shall be deemed complete by
the said officer(s) if such application furnishes all required information
as outlined in the General Requirements as set forth in Schedule A
attached, the Checklist as set forth in Schedules B and C attached,
all for the Planning Board and the Instructions to Applicants as set
forth in Schedule D attached with Schedule C attached and the Application
as set forth in Schedule E attached, both for the Zoning Board of
Adjustment.[1] In the event that an applicant does not wish to supply
all information as required in the said Schedules A, B and C for the
Planning Board or Schedules C, D and E for the Zoning Board of Adjustment,
the applicant must request that the specific submission requirement
be waived. Each applicant shall be entitled to receive a copy of the
said Schedules A, B and C from the Planning Board or Schedules D,
C and E from the Zoning Board of Adjustment.
[1]
Editor's Note: Said Schedules A, B, C, D and
E are available from the Construction Official.
(2)
The Planning Board and the Zoning Board of Adjustment
or their designated officer(s) shall notify each applicant, in writing,
within 45 days of submission of the application, as to whether or
not the application has been deemed complete and/or whether or not
the application is deficient due to the applicant's failure to furnish
information as required pursuant to the said Schedules A, B and C
for the Planning Board or Schedules D and E for the Zoning Board of
Adjustment.
[Amended by Ord. No. 304]
The following shall apply:
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, 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 of 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 stenographical, mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party. The
Board, in furnishing a transcript of the proceedings to an interested
party at his expense, shall not charge such interested party more
than the maximum permitted by N.J.S.A. 2A:11-15.[1] Such transcript shall be certified in writing by the transcriber
to be accurate.
[1]
Editor's Note: Former N.J.S.A. 2A:11-15 was
repealed by L. 1991, c. 119, § 4.
F.
Absent members. A member of a Board who was absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted
notwithstanding his absence from one or more of the meetings, provided
that such Board member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
[Amended by 3-26-2003 by Ord. No. 611; Ord. No. 304]
Public notice shall be given for a hearing on
an application for development whenever public notice is required
either under the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) or the Municipal Code of the Borough of Alpine. In addition
public notice shall be required whenever the Board of Adjustment is
being requested to exercise its powers under N.J.S.A. 40:55D-70(a)
and N.J.S.A. 40:55D-70(b) of the New Jersey Municipal Land Use Law.
Whenever public notice is required to be given the applicant shall
give notice as follows:
A.
Newspaper. Public notice shall be given by publication
in the official newspaper of the Borough, if there is one, or in a
newspaper of general circulation in the Borough.
B.
Property owners. Notice of a hearing requiring public
notice 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 in 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:
(1)
Serving a copy thereof on the property owner, as shown
on the 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 the 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 areas 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.
Adjoining municipalities. Notice of 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.
D.
County Planning Board. 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.
E.
Commissioner of Transportation. 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.
Director of Division of State and Regional Planning.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning 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 Borough Clerk, pursuant
to N.J.S.A. 40:55D-10(b).
G.
Proof of service. The applicant shall file an affidavit
of proof of service with the Board holding the hearing on the application
for development, in the event that the applicant is required to give
notice pursuant to this subsection.
H.
Completion. Any notice made by certified mail as required
in this article shall be deemed complete upon mailing.
I.
Form of notice. All notices required to be given pursuant
to the terms of this article shall state the date, time and place
of the hearing, the nature or 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 duplicate
in the Borough 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.
[Amended by Ord. No. 304]
Upon the written request of an applicant, the Tax Assessor of the Borough, within seven days, shall make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 35-28B. 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 $25 per name, or $10, whichever is greater, may be charged for such list.
[Amended by Ord. No. 304]
The following shall apply:
A.
Written decision. Each decision on any application
for development shall be reduced to writing as provided in this subsection,
and shall include findings of facts and conclusions based thereon.
(1)
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.
(2)
The Board may provide such written decision and findings
and conclusions either on the date of the meeting at which the Board
takes action to grant or deny 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 Board thereon. Any action resulting from the failure of a motion
to approve an application shall be memorialized by resolution as provided
above, notwithstanding that the time at which such action occurs is
within the applicable time period for rendering a decision on the
application.
(3)
The adoption of a resolution of memorialization, pursuant
to this subsection, 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 Board 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 Board, and not to be an
action of the Board, except that failure to adopt such a resolution
within the forty-five-day period shall result in the approval of the
association for development, notwithstanding any prior action taken
thereon.
B.
Copies. 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 who request it,
for a reasonable fee. A copy of the decision shall also be filed by
the Board in the office of the Borough Administrator, who shall make
a copy of such filed decision available to any interested party for
a reasonable fee, and shall also make a copy available for public
inspection in his office during reasonable hours.
[Amended by Ord. No. 304]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Borough administrative officer based on or made in the enforcement of Chapter 220, Zoning, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 35-7.
An appeal from any final decision of the Planning
Board may be taken to the Borough Council, provided such appeal shall
be made within 10 days of the date of publication of such final decision
of the Planning Board. Such appeal shall be made in accordance with
the provisions of N.J.S.A. 40:55D-17.
[Amended by Ord. No. 304]
An appeal from any final decision of the Zoning Board of Adjustment approving an application for development, pursuant to § 35-10D herein, shall be taken to the Borough Council, provided such appeal is made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17. Appeals from other decisions of the Board of Adjustment shall be allowed to the Borough Council.
The following shall apply:
A.
Definitions of terms. Whenever a term is used in the
land use ordinance which is defined in N.J.S.A. 40:55D-1 et seq.,
such term is intended to have the meaning set forth in the definitions
found in the statutes, unless a contrary intention is clearly expressed
from the context of this article.
B.
Repeals. All sections of the land subdivision ordinance,
zoning ordinance, or any other ordinance of the Borough which contains
provisions of the land use ordinance shall be and are hereby (to the
extent of such inconsistency) repealed.
C.
Ordinances continued. Pursuant to the provisions of
N.J.S.A. 40:55D-1 et seq., the substantive provisions of the existing
land subdivision ordinance and zoning ordinance of the Borough and
the development regulations set forth therein shall continue in full
force and effect for a period of six months from the effective date
of said act or until the Borough exercises the authority delegated
by the land use ordinance to regulate development, whichever occurs
first.
D.
Pending applications. All applications for development filed prior to the effective date of the land use chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of this Article III.
E.
Title. Ordinance No. 269 shall be known and may be
cited as "The Land Use Procedures Ordinance of the Borough of Alpine."
F.
Effective date. The land use ordinance shall take
effect on December 1, 1976.
G.
Copy to be filed with County Planning Board. Immediately
upon adoption of the land use ordinance, the Borough Clerk shall file
a copy of the ordinance with the County Planning Board as required
by law. The Clerk shall also file with the County Planning Board copies
of all other ordinances of the Borough relating to land use, such
as subdivision and zoning.
[Added 11-28-2001 by Ord. No. 595]
A.
Establishment; qualifications. For a period of twelve
months there shall be a Public Advocate to the Board of Adjustment
and a Public Advocate to the Planning Board, both of whom shall be
an attorney at law admitted to practice law in New Jersey, and who
shall serve in one, but not both, positions. In the event that the
Public Advocate to either the Zoning Board of Adjustment or the Planning
Board, as the case may be, shall have a conflict of interest on a
particular matter or cannot serve in the position as Public Advocate
on a particular matter for any reason, there is hereby created the
position of Alternate Public Advocate who shall have all of the rights
and responsibilities of the Public Advocate.
B.
Appointment. The Public Advocate for the Board of
Adjustment and the Public Advocate for the Planning Board shall be
appointed by the Borough Council, shall report administratively to
the Borough Attorney and be responsible to the Borough Council.
C.
Powers and duties; method of reimbursement. The Public
Advocate to the Board of Adjustment and the Public Advocate to the
Planning Board may appear before such Board and before such federal,
state, county and municipal agencies and/or courts as the circumstances
warrant in order to represent and advocate the public interest, not
individual interests, in proceedings of substantial public importance
in which he or she shall determine, in his or her sole discretion,
subject to this section, to warrant representation and advocacy. Such
Advocate shall review all applications initially determined by objective
criteria to potentially involve the Public Advocate; review and prepare
documents and inspections of developments under construction to the
extent that this section determines it to be beyond the scope of the
expertise of the professionals normally utilized by the municipality
or as may otherwise be provided for by law. To the extent that such
Public Advocate is required to review applications, prepare documents
or otherwise perform services, it shall be at the cost and expense
of the applicant and determined by multiplying the Public Advocate's
hourly rate, which shall be established by resolution of the governing
body adopted pursuant to the Local Public Contracts Law,[1] but in no event, greater than the hourly rate of the Borough
Attorney, times the number of reasonable and necessary hours spent
by the Public Advocate for such services." 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, and for each date the service is performed,
the hours spent to five-minute increments, the hourly rate and the
expenses incurred. All professionals shall submit vouchers to the
Treasurer of the municipality on a monthly basis in accordance with
schedules and procedures established by the Treasurer of the municipality.
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review or inspection of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
[Amended 3-26-2003 by Ord. No. 612]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
D.
Reimbursement other than by applicant.
(1)
In the event that it is determined that payment by an applicant to the Public Advocate pursuant to Subsection C is deemed to be invalid, the Borough of Alpine shall pay the Public Advocate for the reasonable and necessary services the Public Advocate has rendered.
(2)
In the event that payment to the Public Advocate for
his services is not made by the applicant because there is a deficiency
in the applicant's escrow deposit, the Borough of Alpine shall pay
the Public Advocate for the reasonable and necessary services the
Public Advocate has rendered. The Borough of Alpine reserves the right
to issue a stop-work order and to seek payment from the applicant
in a court of competent jurisdiction.
(3)
All vouchers submitted by the Public Advocate shall
be reviewed by the Borough Attorney as to the reasonableness and necessity
of the services rendered prior to payment.
E.
Substantial public importance.
(1)
"Substantial public importance" shall be defined or
limited to applications where the applicant is seeking relief in any
one of the following areas, provided that the application also affects
the health, safety or general welfare of the Borough of Alpine or
its population:
(a)
The applicant is seeking a use variance.
(b)
The applicant is seeking a major subdivision.
(c)
The applicant seeks three or more variances.
(d)
Application of any nature involving property
which is contiguous to or proximate to land located in any district
adjoining parkland, wetlands or a facility owned by the municipality
or the Board of Education.
(e)
Any application in which the applicant seeks
to vacate a street, road, right-of-way or similarly defined thoroughfare.
(f)
Any application in which the applicant seeks
to create a street, road, right-of-way or similarly defined thoroughfare,
even if on private property not then to be made a Borough street or
road.
(g)
Application when a variance for density is being
sought.
(h)
Application which has been bifurcated, where
one part of the bifurcated application seeks relief set forth in these
subsections.
(i)
Application which would potentially affect a
substantial number of property owners in a material way.
(2)
The Public Advocate shall review the application in
all matters of substantial public importance as set forth above.
F.
Required participation.
(1)
The Public Advocate shall fully participate in any
matter before the Board when a majority of the Council so directs.
(2)
The Public Advocate shall fully participate in any
matter before the Board when one vote less than a majority of those
eligible to vote on such matter so requests in a writing that the
Secretary of such Board shall convey to the Public Advocate.
G.
Intent. It is the intent of the Council that the resources
of the Public Advocate be devoted to the maximum extent possible to
ensuring adequate representation of the interests of those residents
whose interests would otherwise be inadequately represented in matters
within the jurisdiction of the Planning and Zoning Boards, and to
represent those interests or rights arising from the Constitution
of the United States, decisions of court, common law or other laws
of the United States or of this state inhering in the citizens of
this state or in a broad class of such citizens.
H.
Purpose.
(1)
The Public Advocate shall be retained by the Borough
Council but shall not operate in any manner under the direction or
control of the Borough Council except as to its financing and as otherwise
stated herein.
(2)
The Public Advocate shall exercise his or her discretion
as to the importance and the extent of the public interest and whether
that interest would be adequately represented and advocated without
his or her action.
(3)
It is intended that the creation of the position of
Public Advocate shall be to ensure that a full, fair and balanced
record be made in such matters of substantial public importance, with
all of the competent evidence bearing upon the issues being presented
to the Planning Board and the Zoning Board of Adjustment, tested as
to its relevancy, competency, materiality and credibility, so that
such Boards and such other federal, state, county, and municipal agencies,
the Borough Council (as applicable) and the Courts (whether Trial
or Appellate) will have the benefit of a fully developed record of
the proceedings containing all of the testimony and evidence of a
fair, unbiased and impartial decision in accordance with all of the
applicable laws and rules and to ensure that the public interest,
and not individual interests, will be adequately represented and better
served.
I.
Priority. When the interests of residents differ,
the Public Advocate shall give priority to representing the interests
of residents in the following order:
(1)
Residential homeowners and tenants.
(2)
Other landowners and tenants whose interests the Public
Advocate finds to be inadequately represented. This subsection does
not require the Public Advocate to represent the interests of a property
owner or group of property owners if the Public Advocate determines
that such representation is adverse to or divergent from the overall
interests of the community or a substantial number of its property
owners.
J.
Experts; compensation. The Public Advocate may employ
expert witnesses and pay appropriate compensation and expenses to
employ the witnesses. Such payment shall be charged to the applicant.
The Public Advocate, within established budgetary limits, as approved
by the department head, the Borough Council, and as allowed by law,
shall authorize and approve related necessary expenses of the Public
Advocate. Experts shall be taken, when available, from the pool of
experts first established by the Borough of Alpine, and in the event
of conflict, from other approved sources subject to the Borough's
usual emoluments.
K.
Appearances restricted. The Public Advocate shall
not appear before the Borough's Planning Board or Zoning Board of
Adjustment on any application other than those enumerated herein.
M.
Term of office. The term of the Public Advocate shall
expire annually on December 31.
N.
Attendance; documents and paperwork. The Public Advocate
to each such Board may attend each work session and public session
of the Board of Adjustment and the Planning Board. The Public Advocate
shall be entitled to speak, but not vote, at any such session that
he or she attends. The Public Advocate may enter items into the permanent
record of such Board upon application and approval of the Chair, and
if not approved by the Chair or a majority of the Board, shall be
entitled to make an offer of proof for the record and/or fully describe
that for which inclusion is sought. The Public Advocate shall be provided
with the calendar for the Board as soon as the same is provisionally
complete, a brief summary of the nature of each application (as is
presently sent to each member of the applicable Board), the completed
file of each applicant, including a copy of the application, survey
and/or plans, and copies of all exhibits used or to be used in connection
with any application, subject to the rules of the applicable Board.
It shall be the responsibility of the applicant to provide the Public
Advocate with a duplicate original application, together with all
supporting documents and copies of the exhibits used or to be used.
O.
Adjournments at request of public advocate. If the
Public Advocate is not timely provided with the documentation required
by this section to be provided by the applicant, the Public Advocate
may request, in writing or on oral application, that the matter be
carried to the next meeting of the applicable Board, said time therefor
to be charged against the applicant. Any additional cost therefor,
including review fees by other Borough professionals or appointees,
shall be chargeable to the applicant's escrow deposit and shall be
paid by the applicant prior to memorialization of any determination
by the Board and/or the granting of any permit authorized by law.
