The purpose of this article is to combine those
general administrative and procedural requirements applicable to all
hearings and applications for development.
[Amended 3-11-1980; 11-8-1990; 7-2-1997 by Ord. No. 97-9]
The Planning Board Clerk shall not accept any
application for development under the provisions of this chapter unless
the applicant pays the following fees and submits a certification
from the Tax Collector that no taxes or assessments for local improvements
are due or delinquent on the property for which any application is
made, provided that no fee shall be required to be paid by any charitable,
philanthropic, fraternal or religious nonprofit organization holding
tax exempt status under Section 501(c) or (d) of the Internal Revenue.
The following filing fees shall be paid to the Planning Board Clerk
upon the filing of the application:
A.
Submission of sketch plat for approval of minor subdivision:
$150.
B.
Consolidation fee: $90.
C.
Submission of sketch plat for major subdivision: $150,
plus $15 per lot.
D.
Submission of preliminary plat of major subdivision
for tentative approval: $300, plus $15 per lot.
E.
Submission of final plat for major subdivision: $195,
plus $15 per lot.
F.
Release of performance guaranty bond: $15 per lot.
G.
Release of maintenance guaranty: $15 per lot.
I.
Appeal for direction to issue a building permit to
construct a building in the bed of a mapped street: $50.
J.
Appeal for direction to issue a building permit to
construct a building not related to an approved street or improved
street: $150.
K.
Appeal from decision of an administrative official:
$100.
L.
Request for interpretation of the Zoning Map or Zoning
Ordinance or for decision upon some other special question: $150.
O.
Conditional use: $150.
Q.
Change of use: $35.
Whenever an applicant seeks review or relief
from a municipal agency with respect to two or more types of applications
for development, the filing fee shall be equal to the combined total
of the fees which would be required if each type of application were
filed separately.
[Amended 11-8-1990]
The fee for resubmission of major subdivision
plats shall be an amount equal to 150% of the original application
fee if it encompasses the same land as the original subdivision, provided
that the resubmission of a minor or preliminary plat is filed within
six months of the original subdivision or within two years for a final
plat. The fee for resubmission of a site plan shall be 150% if made
with regard to the same property and structure encompassed in the
initial submission and provided that it is resubmitted within six
months of the original site plan or within two years of a final site
plan.
[Amended 7-2-1997 by Ord. No. 97-9]
A.
The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with § 194-21B in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Borough and approved by the Borough Council by resolution, which schedule shall be maintained in the office of the Borough Clerk for public inspection.
(1)
Inspection fees for required improvements. Prior to
the start of construction, an inspection fee deposit shall be paid
to the Borough as follows:
(a)
Subdivisions. Prior to any inspection of improvements
by the Borough Engineer, the applicant shall deposit with the Borough
5% of the cost of all improvements, exclusive of buildings, as estimated
by the Borough Engineer. This charge shall be for the purpose of defraying
the costs of inspections by the Borough Engineer of the improvements
required by the Planning Board.
(b)
Site plans. The inspection fee for all required
improvements for site plans shall be 2% of the total estimated cost
of said improvements, with a minimum charge of $100. This inspection
fee for required improvements on site plans does not include charges
made under the Uniform Construction Code by the Construction Code
Official or any subcode officials.
(c)
For those developments for which the reasonably
anticipated inspection fees are less than $10,000, fees may, at the
option of the developer, be paid in two installments. The initial
amount deposited shall be 50% of the reasonably anticipated fees as
calculated by the Borough Engineer. When the balance on deposit drops
to 10% of the reasonably anticipated fees because the amount deposited
by the developer has been reduced by payments to the Borough Engineer
and Attorneys in connection with inspections, the developer shall
deposit the remaining 50% of the anticipated fees immediately upon
receipt of a request from the Chief Financial Officer.
(d)
For those developments for which the reasonably
anticipated inspection fees are $10,000 or greater, fees may, at the
option of the developer, be paid in four installments. The initial
amount deposited by a developer shall be 25% of the reasonably anticipated
fees as calculated by the Borough Engineer. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by payments to the Borough
Engineer and Attorneys in connection with inspections, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees.
(e)
The Borough Engineer shall not perform any inspection,
except required health and safety inspections, if sufficient funds
to pay for those inspections are not or deposit.
(2)
Review fee deposits. In addition to the inspection
fees or any other fees required in this section, an applicant shall
file with the Borough at time of filing an application a review fee
deposit to cover the costs incurred for reviewing applications for
development and review and preparation of documents and other actual
out-of-pocket costs incurred pertaining to the application by planners,
attorneys and any other professionals or experts employed by the Borough
on a consultant basis whose services are deemed necessary to report
upon the application and its compliance with Borough ordinances and
codes. The Borough agency shall not process and/or take action on
the application unless all review fees and deposits required herein
shall have been paid by the applicant. The initial deposit for review
fees shall be in accordance with the following schedule:
(a)
Subdivisions.
[1]
Concept plan. When the applicant requests a
review of more than one lot but not more than 20 lots: $500. If the
application contains more than 20 lots: $1,000.
[2]
Minor subdivisions. Simple lot line change or
resubdivision: $200.
[3]
Minor subdivision. Three lots or less: $300.
[4]
Preliminary plat of a major subdivision: $200
for each lot within the proposed subdivision.
[5]
Final plat of a major subdivision: $50 for each
lot within the final plat of the subdivision.
(b)
Site plans.
[1]
Concept plan: $350 per acre or fraction thereof
for the first two acres, plus $50 for each additional acre or fraction
thereof.
[2]
Preliminary site plan: $1,000 per acre or fraction
thereof for the first two acres, plus $150 for each additional acre
or fraction, thereof. [Note: If the site plan involves only a portion
of a site or is otherwise of a relatively minor nature, the review
fee deposit shall be based on the site area impacted, as determined
by the Borough Engineer; provided, however, that the minimum review
fee shall be based on an area not less than one acre.]
[3]
Final site plan: 50% of the preliminary site
plan review fee.
(c)
Variances. A fee to be determined as follows:
When the Planning Board determines that expert consultants and/or
other professional services are necessary in connection with an application,
the Secretary of the Board shall send one copy of the filed application
to such expert consultant and/or professional whose services are deemed
necessary by the Board. Within 10 days of receipt of the same, the
professionals shall submit an estimate of funds sufficient in amount
to undertake technical review and findings of fact relative to the
application. The initial review fee deposit shall be equal to the
estimate submitted by the professionals.
B.
Administration of inspection fee and review fee deposits.
(1)
Escrow accounts. Each review fee and inspection fee
deposit shall be held by the Borough in an individual escrow trust
account (hereinafter "escrow account"). Whenever an amount of money
in excess of $5,000 shall be deposited by an applicant with the Borough
for deposits pursuant to this section, said money, until repaid or
applied to the purposes for which it is deposited, including the applicant's
portion of the interest earned thereon, shall continue to be the property
of the applicant and shall be held in trust by the Borough in escrow.
All interest earned and paid to the applicant shall be in accordance
with P.L. 1985, c. 315.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.1.
(2)
Tabulation of escrow accounts.
(a)
The Chief Financial Officer shall tabulate the
costs of the Engineer, Planner and Attorneys, their staffs and any
outside consultants required when an application is of a nature beyond
the scope of the expertise of the professionals normally utilized
by the Borough, for a proper review and documentation pursuant to
vouchers submitted monthly by the professionals identifying the personnel
performing the service and stating the date the services were performed,
the hours spent to one-fourth-hour increments, the hourly rate and
the expenses incurred. Expenses shall be actual out-of-pocket expenses
of any such professionals and consultants, including normal and typical
expenses incurred in processing applications. Unit charges (i.e.,
per diem or hourly fees, inspections or expert testimony charges)
levied by the Borough Engineer, planning consultant, Attorney or other
professionals for services applied to an escrow account authorized
and approved pursuant to this section may not exceed those unit charges
contracted for and/or approved by the Borough agency for services
by said professional which may not under this section be subject to
compensation by an escrow account. Vouchers shall be submitted monthly
to the Chief Financial Officer, with a copy to the applicant. These
costs shall be deducted from the applicable escrow account and paid
to the professionals by the Chief Financial Officer.
(b)
The Chief Financial Officer shall prepare and
send to the applicant a statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account. This statement shall
be provided quarterly, if monthly charges are $1,000 or less, or monthly,
if monthly charges exceed $1,000.
(c)
In the event that the funds in the escrow account
should become depleted or are anticipated to become depleted prior
to the completion of the application procedure and/or inspection of
improvements, as the case may be, and additional funds are necessary
to cover the costs of processing said application or inspecting improvements
in order to work to continue on the development or the application,
the applicant shall, within 10 days of receipt of notice from the
Chief Financial Officer, deposit additional funds of not less than
50% of the initial escrow deposit amount. In order to expedite the
processing of applications by the Borough agency, the Chief Financial
Officer shall notify the applicant immediately upon the depletion
of funds in the escrow account or as soon as insufficiency of funds
becomes evident or is expected. Pending receipt of the additional
funds, any required health and safety inspections shall be made and
charged back against the replenishment of funds.
(3)
Final accounting. After the final plat or site plan
has been signed, in the case of review fee accounts, or after the
improvements have been approved by the Borough Council, in the case
of inspection fee deposits, the applicant shall send written notice,
by certified mail, to the Chief Financial Officer, the Planning Board,
the Borough Engineer and other relevant professionals that the application
is completed. After receipt of such notice, the Engineer and/or other
professional shall submit a final voucher to the Chief Financial Officer
within 30 days, with a copy to the applicant. The Chief Financial
Officer shall render a written final accounting to the applicant on
the status of the escrow account within 45 days of receipt of the
final bill, together with any balance remaining in the account, including
interest in accordance with N.J.S.A. 40:55D-53.1.
(4)
Appeal of escrow account. Within 15 days of any tabulation
of review costs or inspection fees by the Chief Financial Officer,
the applicant shall have the right to appeal said charges by so notifying
the Borough Council, in writing, with copies to the Chief Financial
Officer, the Planning Board and any other relevant professional, provided
that any additional fees or amounts required by the Planning Board
to be paid prior to the signing of any plat, issuance of a building
permit or the inspection of any improvement must be paid by the applicant
prior to the bringing of any such appeal. Upon receipt of any such
appeal, the Planning Board shall review the same and make a recommendation
thereon to to the Borough Council within 45 days. The Borough Council
shall then decide the proper review fee to be charged, based upon
information provided by both the applicant and the Planning Board.
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals,
established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge
to an escrow account or a deposit by any municipal professional or
consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2a.
C.
Additional fees. In addition to all other fees specified
in this chapter, an applicant or appellant shall pay the actual costs
incurred by the Planning Board or Borough Council, as the case may
be, for recording verbatim, by use of a shorthand reporter or stenographer,
all public hearings, whether regular or special, in excess of three
hearings upon any application for development or appeal to the Borough
Council, as well as the furnishing of copies of transcripts of any
such hearing required by the applicant, appellant or Planning Board,
as the case may be, in the consideration of the application or appeal.
D.
Payment of fees.
(1)
All fees and deposits required by this chapter shall
be paid by check drawn to the order of the Borough of Netcong. Any
check for fees in excess of $250, shall be in the form of a certified
or a bank's cashier's check. Except as otherwise provided, all fees
and deposits shall be paid at the time of the filing of any application
or appeal and shall be submitted with the application or appeal.
(2)
All permits, determinations, resolutions, decisions,
certificates of occupancy or certificates of approval are subject
to the payment of all fees provided for in this chapter, and no approvals
shall be given or decision rendered by the Planning Board or Borough
Council, as the case may be, until proof has been submitted that all
requisite fees have been paid to the Borough. Furthermore, the applicant
must submit proof that no taxes or assessments for local improvements
are due or delinquent on the property before the approving authority
may act on an application.
(3)
The payment of fees pursuant to the provisions of
this chapter shall not relieve an applicant from the payment of any
other fees required by any other ordinance or provision thereof.
E.
Waiver and reduction of fees. The Council or the Planning
Board, as the case may be, may waive or reduce the fees prescribed
herein in connection with applications submitted by public agencies,
nonprofit volunteer organizations and such other quasi-public agencies
and organizations as the Council or Board, as a matter of policy,
may designate. The Borough Council or the Planning Board, as the case
may be, may also reduce fees in connection with applications under
its jurisdiction when, in it judgment, the fee would be unreasonably
excessive in relation to the scope of the application, the degree
of professional review services, required and other unusual circumstances
relating to the application. No such fee shall be reduced if actual
expenses of the Council or the Board exceed 50% of the fee herein
specified, and at least 10% of the fee herein specified shall be retained
by the Borough to cover administrative costs.
A.
Before final approval, the approving authority may
require the payment of the developer's pro rata share of the following
off-site and off-tract improvements: street improvements, water system,
sewerage, drainage facilities and easements therefor.
B.
Essential off-site and off-tract improvements. Essential
off-site and off-tract improvements may be required to be installed
or a performance guaranty furnished in lieu thereof, with the total
cost borne by the developer.
(1)
Where a development has no direct access to an improved
street or public or private central water supply or central sanitary
sewer and does not qualify for individual sewage disposal systems,
the approving authority may nevertheless grant final approval if the
developer shall acquire and improve such street between the development
and an existing improved street and, in the case of water/sewer system(s),
if the developer shall acquire and improve such water and sanitary
sewer connections between the development and existing facilities
as approved by the approving authority, governing body and serving
utility company.
(2)
Where drainage waters are diverted from the development
into other drainage systems or onto other lands or streets and they
are not adequate to accommodate the additional waters, the approving
authority may grant final approval if the developer shall acquire,
improve and dedicate to the Borough such enlarged, additional or new
drainage facilities as approved by the approving authority and governing
body.
(3)
Such off-site and off-tract improvements shall be
subject to the design standards of this chapter. In lieu of the developer's
performing such off-site and off-tract work, the developer may request
and the governing body may enter into an agreement for such work to
be performed by the Borough or its contractors at the cost of the
developer.
(4)
Where the approving authority determines that off-site
and off-tract improvements are essential to the development and the
developer does not consent to the improvements, the application shall
be denied, without prejudice, to a future application at such time
as the conditions no longer apply.
C.
Advisable off-site and off-tract improvements. Where
the approving authority finds that off-site and off-tract improvements
would be advisable, although not essential, and the improvements would
promote the objectives of this chapter and can be most appropriately
accomplished in connection with the development, and particularly
where the off-site and off-tract improvements would be required to
be made as a local improvement by the Borough with the costs thereof
to be assessed against all properties specially benefited thereby,
(including the property of the developer), the following provisions
shall apply:
(1)
During the processing of the application, the approving
authority shall refer its recommendations for off-site and off-tract
improvements to the governing body.
(2)
If the governing body concurs, the Municipal Engineer
or other authority retained by the Borough shall determine the nature
of the off-site and off-tract improvements, including the needs created
by the applicant's proposed development and the then-existing needs
in the area, notwithstanding any work of the applicant.
(3)
The Municipal Engineer or other authority shall estimate
and report the costs of such work, including all costs to be in any
local improvement ordinance and those to be assessed to the developer
and including costs for construction, engineering, any easement or
right-of-way acquisition, legal work, advertising, contingencies,
bonding and assessments.
(4)
Based upon the above report and the recommendations
of the approving authority, the governing body shall determine whether
to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the governing body will not adopt such ordinance,
the final development shall be designed accordingly and the approving
authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local
improvement ordinance, the governing body shall proceed in the following
manner:
(a)
If sufficient funds are available for the initial
appropriation, the governing body may appropriate such funds and adopt
such ordinance. All subsequent proceedings for the making and assessment
of the cost of the off-site and off-tract improvements shall be in
accordance with such ordinance.
(b)
If sufficient funds are not available for the
initial appropriation, the governing body may determine the anticipated
amount that the lands of the applicant would be expected to be assessed,
and the following shall apply:
[1]
The amount determined by the governing body
shall then be deposited by the applicant with the Borough Treasurer
prior to final approval and prior to introduction of such local improvement
ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Borough concerning the uses
of the deposit, which agreement shall include the following stipulation
that said funds shall be used by the Borough solely for the construction
of such off-site and off-tract improvements as specified in said agreement
and for the other expenses incidental thereto, and the acquisition
of any easements or rights-of-way in connection therewith; that such
deposit may be appropriated by the Borough, with other funds of the
Borough, toward the accomplishment of such purposes and may be commingled
with other appropriated funds and expended by the Borough in connection
with such purposes; that if such deposit is not used by the Borough
within a specified time agreed upon by the applicant, said funds shall
be returned to the applicant; that upon completion of the work by
the Borough or its contractors, the properties specially benefited
by such improvement shall be assessed as provided by law, including
the property of applicant; that the applicant's deposit shall be credited
against the assessment made upon the applicant's property (whether
or not the applicant is then the owner thereof); and that if such
deposit was less than the amount ultimately assessed against such
property, then the owner(s) of said property shall pay the difference
between the deposit and such assessment, or if the deposit exceeded
the amount assessed, the excess shall be refunded to the applicant
without interest.
[3]
Where said off-site and off-tract improvements
are found by the approving authority to be advisable and important
to the sound development of the site, although the off-site and off-tract
improvements may not be found to be the type of essential off-site
and off-tract improvements as defined above, but the developer is
unwilling to make such deposit as specified above, then there shall
be no final approval until funds become available for the initial
appropriation required to adopt the local improvement ordinance.
(7)
The determination of the governing body whether or
not to proceed toward the adoption of a local improvement ordinance
shall be made within 30 days after the referral by the approving authority
unless such time shall be extended with the consent of the applicant.
If the determination is not made within the designated period, the
approving authority shall proceed as if the governing body had determined
that it would not adopt such local improvement ordinance.
A.
No final approval shall be given for site plans or
subdivision by the Planning Board until completion of all required
improvements has been certified to the governing body and to the Planning
Board by the Municipal Engineer. At the option of the Planning Board,
on request of the developer, the Planning Board may waive the completion
of the sidewalks and surface course of any street required to be constructed
or improved in connection with the subdivision, provided that all
other required improvements have been certified complete in accordance
with municipal standards and the developer has furnished a performance
guaranty in favor of the municipality in an amount equal to 120% of
the cost of installation of such sidewalks and surface course as estimated
by the Municipal Engineer, said estimate to be based upon the cost
the municipality might reasonably be expected to pay a contractor
to perform such work, and assuring the installation of such sidewalks
and surface course on or before a date agreed upon by the Planning
Board and the developer. The time allowed for installation of the
surface course and sidewalks for which the performance guaranty has
been provided may be extended by the governing body by resolution.
B.
The performance guaranty may be a performance bond
issued by a corporate surety licensed to do business in the State
of New Jersey, or a certified check drawn on a bank which is a member
of the Federal Reserve System, payable to the Borough. The performance
guaranty shall be approved by the Borough Attorney as to form and
execution.
C.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the sidewalks
and/or surface course have been certified by the Municipal Engineer
to have been completed.
D.
If the required sidewalks and surface course are not
completed or corrected in accordance with the performance guaranty,
the developer and surety, if any, shall be liable thereon to the municipality
for the reasonable costs of the completion or correction of the sidewalks
and surface course, and the municipality may, either prior to or after
the receipt of the proceeds thereof, complete such sidewalks and surface
course.
E.
When all of the sidewalks and surface course have
been completed, the developer shall notify the governing body in writing,
by certified mail, addressed in care of the Municipal Clerk, of the
completion of said sidewalks and surface course and shall send a copy
thereof to the Municipal Engineer. Thereupon, the Municipal Engineer
shall inspect all of the sidewalks and surface course and shall file
a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of the sidewalks and
surface course with a statement of reasons for any rejection. If partial
approval is indicated, the costs of the sidewalks and surface course
rejected shall be set forth.
F.
The governing body shall either approve, partially
approve or reject the sidewalks and surface course, on the basis of
the report of the Municipal Engineer and shall notify the developer
in writing, by certified mail, of the contents of said report and
the action of the governing body with relation thereto, not later
than 65 days after receipt of the notice from the developer of the
completion of the improvements. When partial approval is granted,
the subdivision owner shall be released from all liability pursuant
to its performance guaranty, except for that portion adequately sufficient
to secure provision of the sidewalks and surface course not yet approved.
Failure of the governing body to send or provide such notification
to the subdivision owner within 65 days shall be deemed to constitute
approval of the improvements, and the developer and surety, if any,
shall be released from all liability pursuant to such performance
guaranty.
G.
If any portion of the required sidewalks and/or surface
course is rejected, the governing body may require the subdivision
owner to complete such sidewalks and/or surface course and, upon completion,
the same procedure of notification as set forth hereinabove shall
be followed.
H.
Regardless of any reduction in the amount of the performance
bond, a maintenance bond equal to 15% of the cost of all required
improvements shall be posted and remain in effect for a period of
two years from the date of acceptance of the improvements by the Borough
as a maintenance guaranty.
A.
Upon the issuance of a certificate of occupancy for
any building or structure on any dedicated street or roadway which
is open to the public or to which the public is invited, in a subdivision
or development which is the subject of an application for development
within the Borough of Netcong, and prior to the acceptance of such
dedication by the Borough, the developer shall be required to keep
and maintain said streets or roadways free and clear of snow and ice
within six hours of daylight after the same shall have fallen or be
formed thereon, and the same shall be open to public use and shall
permit access to police, fire fighting and emergency vehicles in accordance
herewith.
B.
If the developer fails to keep and maintain said streets
or roadways free and clear of snow and ice as set forth herein, the
Borough may, at its own option and without creating any obligation
to accept any dedication of any such streets or roadways, proceed
to clear such streets or roadways of snow and ice by plowing, shoveling,
salting, sanding or otherwise.
C.
The costs incurred thereby shall be certified to the
Mayor and Council of the Borough of Netcong by the Road Commissioner,
which certification shall be presented to and reviewed by the Mayor
and Council. Such costs shall be computed so as to defray and meet
the expenses incurred by the Borough of Netcong in connection herewith,
including, but not limited to, the costs of labor, materials expended
and the costs to repair any and all injury or damage done to or suffered
by the employees and equipment of the Borough occurring during such
snow and ice removal operations or caused thereby. Such costs shall
be charged to and paid by the developer to the Borough of Netcong
in the amount so certified by the Road Commissioner within 10 days
of the receipt of a bill for the same.
D.
Upon a determination of the Mayor and Council that
the amount so certified by the Road Commissioner is correct, the same
shall be charged against such real property and the amount so charged
shall, thereupon, become a lien and a tax upon such real property
and shall be added to and be a part of the taxes next to be levied
and assessed thereon, and enforced and collected with interest by
the same officers and in the same manner as other taxes. The imposition
and collection of such charges in a civil action in the courts of
the State of New Jersey, and the imposition and collection of a fine
or fines or other penalties in said courts or in the Municipal Court
of the Borough of Netcong for the violation of any of the provisions
hereof, shall not constitute a bar to the authority of the Borough
of Netcong to collect the costs, as certified, for the removal of
snow and ice in the manner herein prescribed.
E.
The Borough of Netcong shall have no liability or
responsibility whatsoever for any damage that may be done to catch
basins, manholes, curbs, gutters, driveways or other improvements,
or to said streets or roadways, which damage may occur during said
snow and ice removal, and the subdivision owner shall indemnify and
hold the Borough harmless with respect thereto.
F.
Notwithstanding the provisions or consequences of Subsection B hereof, any person violating the provisions of this section shall, upon conviction in the Municipal Court, be subject to a fine not exceeding $500 plus costs or imprisonment in the Morris County Jail for a period not more than 30 days, or both, for each offense. Each calendar date that a violation exists constitutes a separate offense under this section.
A.
Every municipal agency shall fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
The municipal agency may provide for special meetings, at the call
of the Chairman or on the request of any two of its members, which
meetings shall be held on notice to its members and the public in
accordance with municipal regulations. No action shall be taken at
any meeting without a quorum being present.
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with municipal regulations. An executive session for
the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this chapter.
C.
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 of the persons appearing by attorney, the
action taken by the municipal agency, 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 administrative officer. 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 shall be charged a fee of $1 for the first page and $0.50 per
page thereafter for reproduction of the minutes for his use.
D.
All actions shall be taken by a majority vote of a
quorum except as follows:
(1)
By affirmative vote of the full authorized membership
of the governing body if adopting an Official Map or an amendment
or revision thereto which in whole or in part is inconsistent with
the appropriate designations in the subplan elements of the Master
Plan (N.J.S.A. 40:55D-32).
(2)
By affirmative vote of the majority of the full authorized
membership of the Planning Board, for direction for issuance of a
permit for a building or structure in the bed of a mapped street or
public drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
[Amended 12-10-1996 by Ord. No. 96-14]
(3)
By majority vote of the full authorized membership
of the governing body to disapprove or change any recommendation of
the Planning Board made prior to and relating to the adoption of a
development regulation, revision or amendment thereto (N.J.S.A. 40:55D-26a).
(5)
By majority vote of the governing body when adopting
or amending a Zoning Ordinance relating to the nature and extent of
the uses of land and of buildings and structures thereon, which ordinance
or amendment or revision in whole or in part is inconsistent with
or not designed to effectuate the land use plan element (N.J.S.A.
40:55D-62).
(6)
By two-thirds favorable vote of the full authorized
membership of the governing body to overcome protest made pursuant
to N.J.S.A. 40:55D-63 and effectuate an amendment or revision so protested.
(7)
By two-thirds affirmative vote of the full authorized
membership of the Planning Board to grant a variance to allow a structure
or use in a district restricted against such structure or use pursuant
to this chapter.
[Amended 12-10-1996 by Ord. No. 96-14]
A.
The municipal agency shall hold a hearing on each
application for development or adoption, revision or amendment of
the Master Plan.
B.
The municipal agency shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 14 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate,
clarify or supplement the previously filed maps and documents.
C.
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.
D.
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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense.
G.
Each decision on any application for development shall
be in writing and shall include findings of facts and conclusions
based thereon.
H.
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant, or
if represented then to his attorney, without separate charge, and
to all who request a copy of the decision, for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency 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.
I.
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant unless a particular municipal officer
is so designated by ordinance, provided that nothing contained in
this chapter shall be construed as preventing the applicant from arranging
such publication if he so desires. The municipality may make a reasonable
charge for its publication. The period of time within which an appeal
from the decision may be made shall run from the first publication
of the decision, whether arranged by the municipality or the applicant.
J.
Carry-over hearings. When any hearing before the Planning
Board shall carry over two or more meetings, a member of the Board
who was absent for one or more of the meetings 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, however, that
such Board member has available to him or her a transcript or recording
of the meeting from which he was absent, and certifies in writing
to the Board that he has read such transcript or listened to such
recording pursuant to N.J.S.A. 40:55D-23c.
[Amended 12-12-2019 by Ord. No. 2019-17]
Pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-12, public notice must be provided for any application involving one or more of the following: extension of site plan or subdivision approval for five or more years; modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the original application required public notice; and for any application for development, including variances, conditional use approvals, site plans, subdivisions, requests for interpretation of the zoning ordinance or official map, direction for the issuance of a permit to construct a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 50:55D-32 (the Official Map) or for a permit to construct a building or structure not related to a street, and as may in addition be required by the Municipal Land Use Law, or this Chapter 194 and amendments, and excepting therefrom the following applications: 1) conforming minor subdivisions; 2) final approval of a major site plan or subdivision; and 3) appeals from determinations of the Zoning or Administrative Officer. Public notice shall be given 10 days prior to the date of the hearing as follows:
A.
Notice shall be given by publication in the official newspaper of
the municipality.
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,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Upon the
written request of an applicant, the Tax Search Officer 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 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 fee of $10 shall be charged for such list.
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.
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 County Map or on the County Master Plan, adjoining
other county land or situated 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 N.J.S.A. 40:55D-10b.
G.
The applicant shall file an affidavit of proof of service on a form
prescribed 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.
H.
Any notice permitted to be made by certified mail shall be deemed
complete upon mailing.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
B.
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of the Master Plan involving property situated within
200 feet of such adjoining municipality at least 10 days prior to
the date of any such hearing.
C.
Notice by personal service or certified mail to the
County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing; such notice shall include a copy of any such proposed
Master Plan or any revision or amendment thereto.
(2)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
Notices pursuant to §§ 194-27 and 194-28 of this article 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 § 194-27 of this article, 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 for public inspection.
A.
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall
be made to the County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearing.
(2)
The adoption, revision or amendment of the municipal
capital improvement program or Municipal Official Map not more than
30 days after the date of such adoption, revision or amendment. Any
notice provided hereunder shall include a copy of the proposed development
regulation, the Municipal Official Map or the municipal capital program,
or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
A.
Generally. The municipal agency shall grant or deny
an application for development within the time period prescribed for
the particular type of application or within such further time as
may be consented to by the applicant.
B.
County Planning Board review. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the
case of a site plan, the municipal agency shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
C.
Combined applications.
(1)
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Article III, § 194-13, of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever an application for development requests relief pursuant to Article IV of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
[Amended 12-10-1996 by Ord. No. 96-14]
D.
Extension of time for action. If the scheduled time
of the Planning Board meeting allows insufficient time for the Board
to reach a determination regarding action on an application within
the time prescribed in this section, the applicant shall be requested
to consent to an extension of time. In the event time for action expires
as a result of failure of the Board to make a quorum, said fact shall
constitute an automatic denial without prejudice.
E.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented
directly or indirectly from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval under this chapter or under any act repealed
by this chapter, as the case may be, shall be suspended for the period
of time said legal action is pending or such directive or order is
in effect.
F.
Conditional approvals.
(1)
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with the Act[1] and municipal development regulations, and, if such application
for development complies with municipal development regulations, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipality shall make
a decision on any application for development within the time period
provided in this chapter or within an extension of such period as
has been agreed to by the applicant unless the municipal agency is
prevented or relieved from so acting by the operation of law.
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units or for approval of a site to be used for
commercial purposes shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion established herein have been listed.
C.
No municipal agency shall approve the application
of any corporation or partnership which does not comply with this
section.
D.
Any corporation or partnership which conceals the
names of the stockholders owning 10% or more of its stock, or of the
individual partners owning a 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of from $1,000 to $10,000
which shall be recovered in the name of the municipality in any court
of record in the state in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.).