[Amended 4-14-1983 by Ord. No. 8-83; 5-13-2009 by Ord. No. 3-2009; 11-9-2011 by Ord. No. 12-2011[1]]
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 shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
A.
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 as scheduled unless canceled for lack of
applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of c. 291, P.L. 1975.
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 Municipal Clerk. Any interested
party shall have the right to compel production of the minutes for
the use as evidence in any legal proceeding concerning the subject
matter of such minutes. Such interested party may be charged a fee
for reproduction of the minutes for his use as provided for in the
rules of the Board.
[Added 9-10-2014 by Ord.
No. 9-2014]
A.
Fees for applications or for the rendering of any service by the
Planning Board or Zoning Board of Adjustment or any member of their
administrative staffs which are not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Boards,
and copies of said rules or of the separate fee schedule shall be
available to the public.
B.
At the time of submitting an application for development, the applicant shall be required to submit the escrow as enumerated in the Site Plan Review Ordinance of the Borough of Riverton, Chapter 109; the Subdivision of Land Ordinance of the Borough of Riverton, Chapter 113; and the Zoning Ordinance of the Borough of Riverton, Chapter 128, and to execute an escrow agreement (as referenced in 22 Attachment 2)[2] to cover all necessary and reasonable costs incurred by
the Planning Board or Zoning Board of Adjustment during the review
of the application for development, on a form as approved by the Borough
Attorney. The amounts specified for escrow are estimates only and
shall be paid in full prior to certification that the application
is complete. In the event that more than the amounts specified for
escrow are required to pay the reasonable costs incurred, the applicant
shall, upon written demand of the Planning Board or Zoning Board of
Adjustment, pay into escrow all additional sums required. All costs
for the review of the application for development shall be reimbursed
by the applicant, whether the application is approved or denied.
[2]
Editor's Note: The escrow agreement form is included as an attachment to this chapter.
C.
C. At the time of submitting an application for an appeal under N.J.S.A.
40:55D-70a and/or a request for interpretation under N.J.S.A. 40:55D-70b,
the applicant shall be required to submit an application fee and escrow
as set forth below and to execute an escrow agreement (as referenced
in Attachment 2)[3] to cover all necessary and reasonable costs incurred by
the Planning Board in connection with any appeals submitted under
N.J.S.A. 40:55D-70a and/or request for interpretation under N.J.S.A.
40:55D-70b on a form approved by the Borough Attorney. The amounts
specified for escrow are estimates only and shall be paid in full
prior to certification after the application is complete. In the event
that more than the amounts specified in the initial escrow are required
to pay the reasonable costs incurred, the applicant shall, upon written
demand of the Planning Board, pay into escrow all additional sums
required. All costs for the review of the application for an appeal
and/or request for interpretation shall be reimbursed by the applicant,
whether the appeal is approved or denied and notwithstanding the response
by the Planning Board to the request for interpretation.
|
Application
|
Application Fee
|
Escrow Account
| |
|---|---|---|---|
|
(a)
|
Appeals under N.J.S.A. 40:55D-70a
| ||
|
Residential
|
$75
|
$650
| |
|
Nonresidential
|
$75
|
$750
| |
|
(b)
|
Interpretation under N.J.S.A. 40:55D-70b
| ||
|
Residential
|
$75
|
$650
| |
|
Nonresidential
|
$75
|
$750
| |
[3]
Editor's Note: The escrow agreement form is included as an attachment to this chapter.
D.
D. At the time of submitting a request for a zone change, a request
for classification of a development application, or request for a
master plan amendment, the applicant shall be required to submit an
application fee and escrow as set forth below and to execute an escrow
agreement (as referenced in Attachment 2)[4] to cover all necessary and reasonable costs incurred by
the Planning Board in connection with any requests for a zone change,
classification of a development application, and/or Master Plan amendment
on a form approved by the Borough Attorney. The amounts specified
for escrow are estimates only and shall be paid in full prior to certification
after the application is complete. In the event that more than the
amounts specified in the initial escrow are required to pay the reasonable
costs incurred, the applicant shall, upon written demand of the Planning
Board, pay into escrow all additional sums required. All costs for
the review of these applications shall be reimbursed by the applicant
notwithstanding the response by the Planning Board to the application.
[Added 1-14-2015 by Ord.
No. 13-2014]
|
Application
|
Application Fee
|
Escrow Account
| |
|---|---|---|---|
|
(a)
|
Request for a zone change
| ||
|
Residential
|
$75
|
$650
| |
|
Nonresidential
|
$75
|
$750
| |
|
(b)
|
Request for classification of a development application
| ||
|
Residential
|
$75
|
$650
| |
|
Nonresidential
|
$75
|
$750
| |
|
(c)
|
Request for a Master Plan amendment
| ||
|
Residential
|
$75
|
$650
| |
|
Nonresidential
|
$75
|
$750
| |
[4]
Editor's Note: The escrow agreement form is included as an attachment to this chapter.
A.
The Planning Board and Zoning Board of Adjustment shall make rules
governing the conduct of hearings before such bodies, which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or this chapter.
B.
The officer presiding at the hearing or such person as he may designate
shall have the 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, c. 38,
P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
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.
Technical rules of evidence shall not be applicable to the hearing,
but the Boards may exclude irrelevant, immaterial or unduly repetitious
evidence.
E.
Each Board shall provide for the verbatim recording of the proceedings
by either stenographer or mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request of any interested party at his expense.
[Amended 9-10-2014 by Ord. No. 9-2014; 1-14-2015 by Ord. No. 13-2014]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the municipal agency in question, or an application for appeal
under N.J.S.A. 40:55D-70a, a request for interpretation under N.J.S.A.
55D-70b, a request for a zone change, classification of a development
application, and/or Master Plan amendment, the applicant shall give
notice as set forth in provisions A to I below.
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
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.
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, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
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 situate 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 Section 6b of c. 291, P.L. 1975.
G.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
All notices required to be given pursuant to the terms of this chapter
shall state the date, time and place of the hearing, the nature of
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 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 as required
by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the Tax Assessor of the Borough of Riverton shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 22-25B, of this chapter.
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 persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be, without separate charge to the
applicant. Said notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-65, every application
for development submitted to the Planning Board or Zoning Board shall
be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is subject of such application.
Applications for development will not be heard unless all taxes and
assessments are current.
