[Amended 11-10-1987 by Ord. No. 15-1987; 4-13-1988 by Ord. No.
9-1988; 5-9-1990 by Ord. No. 5-1990; 10-19-2011 by Ord. No.
28-2011; 11-2-2022 by Ord. No. 25-2022]
No member of the Planning Board shall act on
any matter in which he/she has, either directly or indirectly, any
personal or financial interest. Whenever any such member shall disqualify
himself from acting on a particular matter, he/she 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 the Planning Board 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 Chairperson or on the request of any two Board members, which
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.
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 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/her use
as provided for in the rules of the Board.
A.
The following schedule of fees is hereby adopted:
(1)
Any person requesting a reproduction of minutes of any regular or special meeting shall pay to the municipality a fee in the amount as provided in Chapter 275, Fees.
(2)
All regular and special meetings shall be recorded electronically. Any interested party may request a transcript or duplicate recording in lieu thereof, at his/her own cost and expense. Any person wishing a transcript shall provide for a certified stenographer reporter to prepare the transcript and shall pay the reporter directly. Any person requesting a duplicate recording shall present himself at the municipal building with adequate facilities to make a duplicate recording. For the time and assistance of the administrative officer or other municipal officer or employee required, a fee as provided in Chapter 275, Fees, shall be paid to the municipality.
(3)
Any person other than an applicant who requests a copy of a decision of a municipal agency shall pay a fee in the amount as provided in Chapter 275, Fees.
(4)
Any applicant wishing to make his/her own arrangements
for publication of a decision of a municipal agency shall so notify
the agency at the time of final hearing. In the absence of such notification,
the municipality shall provide for publication, and the applicant
shall reimburse the municipality for the actual cost thereof.
(5)
An applicant shall reimburse the municipality for
the actual cost of publication pursuant to N.J.S.A. 40:55D-12a.
(6)
Whenever notice to property owners within 200 feet in all directions of the property involved in an application is required and the applicant requests a certified list of property owners from the municipality, a fee shall be paid by the applicant as provided in Chapter 275, Fees.
(7)
An appeal to the governing body of any decision of a municipal agency shall be accompanied by a fee as provided in Chapter 275, Fees, and the person making the appeal shall furnish the governing body with a transcript of the proceedings below, together with a copy of all documents and exhibits, all at the sole cost and expense of the appellant. The transcript and the documents shall be filed with the governing body at least seven days prior to a scheduled hearing on an appeal.
(8)
Any interested party may obtain a copy of the decision of the governing body on an appeal, and the fee shall be as provided in Chapter 275, Fees. The appellant shall be mailed a copy of the decision without charge. An appellant may make arrangements for publication of the decision, if he/she has notified the governing body of his/her intent at the time of the hearing. Otherwise, the governing body shall provide for publication, and the appellant shall reimburse the municipality for the actual cost of the publication.
(9)
The fee for an application for a permit pursuant to the provisions of N.J.S.A. 40:55D-34 shall be as provided in Chapter 275, Fees.
(10)
The fee for an application pursuant to the provisions of N.J.S.A. 40:55D-35 shall be as provided in Chapter 275, Fees.
(11)
The fee for an appeal pursuant to the provisions of N.J.S.A. 40:55D-36 shall be as provided in Chapter 275, Fees.
(13)
The fee for an application for a classification of subdivision shall be as provided in Chapter 275, Fees.
(14)
The fee for a preliminary approval of a major subdivision shall be as provided in Chapter 275, Fees.
(16)
Site plan approval.
(c)
For the purpose of determining the site plan fee if only a portion of the property is to be developed and said property can be further subdivided under the requirements of Chapter 600, Zoning, wherein all proposed buildings and improvements would meet all required setback and yard requirements. Where a site plan for a new building or structure or addition thereto does not involve off-street parking, traffic circulation or drainage facilities, the site plan filing fee as it pertains to lot area shall apply only to the ground floor area of the building or structure.
(18)
The fee for providing a certificate pursuant
to N.J.S.A. 40:55D-56 shall be in the maximum amount permitted by
N.J.S.A. 54:5-14 and 54:5-15, as shall be amended from time to time.
(19)
In any case in which the appellant requests
the Planning Board to use its ancillary powers pursuant to N.J.S.A.
40:55D-60, the application shall be accompanied by fees which would
be charged under the authority of the within chapter by the Board
of Adjustment if the application had been made to the Board of Adjustment.
Such fees shall be in addition to the fees provided by the within
chapter for the principal relief requested in the application.
(20)
The fee for an application to the Board of Adjustment for a variance shall be as provided in Chapter 275, Fees.
(23)
The fee for an application to the Board of Adjustment pursuant to N.J.S.A. 40:55D-76b shall be as provided in Chapter 275, Fees.
(25)
Escrow accounts.
(a)
In any application before the Planning Board
or the Board of Adjustment, the applicant shall be required to post
in an escrow account with the municipality a sum of money in addition
to the fees provided in the within chapter, if, upon receipt of the
application, the Board of Adjustment or the Planning Board makes a
determination that the application is a complex one based upon the
following criteria:
[1]
The proposed development requires professional
review services which are not routine in nature.
[2]
The proposed development requires a technical
review factor involving public water and sewer services.
[3]
The proposed development involves environmental
considerations such as topography, slopes, proximity to surface water,
drainage, etc.
[4]
The proposed development requires an analysis
of traffic impact.
[5]
The proposed development requires off-site or
off-tract improvements.
[6]
The proposed development involves any special
or unique considerations.
[7]
The proposed development requires professional
review for which the fixed fees provided in the within chapter would
be insufficient to reimburse the municipality for the costs incurred
by it for professional fees rendered by the proper review of the application.
(b)
Where the Planning Board or the Board of Adjustment
determines that escrow fees are required, they shall be provided in
accordance with the following standards:
[1]
The developer shall, within 10 days of the determination
at a public meeting by the Board of the required amount of the escrow
fee, pay said amount to the Board of North Haledon for deposit in
the escrow account.
[2]
The Borough of North Haledon shall maintain
the escrow fee in an interest-bearing escrow account.
[3]
Professional fees shall be paid by the Borough
from the escrow account upon the submission of appropriate vouchers
by the professionals.
(c)
Within 45 days of completion of the review of
the application by the Planning Board or the Board of Adjustment,
as the case may be, a determination shall be made by the Board at
a public meeting as to whether additional payments are to be made
by the applicant into the escrow account, in which case the developer
shall, within 10 days, deposit the additional money in the escrow
account. If it is determined by the Board that there are unused moneys
deposited by the applicant, the unused money shall be returned to
the applicant within 30 days thereafter, together with all interest
which has been earned by the municipality on the unused amount. Any
reimbursement to the developer shall be by resolution of the governing
body upon the recommendation of the Planning Board or Board of Adjustment.
(d)
For the purposes of computing the charges of the attorney or engineer of the Borough, the charges shall be based upon a rate as provided in Chapter 275, Fees.
(e)
In the event that the applicant disputes any
of the charges made against the escrow account by the Board of Adjustment
or the Planning Board, he/she may appeal the charges to the governing
body within 10 days after the determination by the Board as to the
amount of the charges. The appeal shall be in writing, and the governing
body shall, within 30 days of the receipt of the written objection
of the applicant, render a decision which shall be the final decision
of the municipality. The applicant shall be responsible for payment
to the municipality for any professional charges incurred by the governing
body to evaluate the objection.
(26)
Permit application fees.
(a)
Every cluster plan development application shall be accompanied by a fee as set forth in Chapter 275, Fees.
(b)
Every application for a townhouse conditional use permit shall be accompanied by a fee as set forth in Chapter 275, Fees.
A.
Rules. The Planning Board 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
of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he/she 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.
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 stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his/her
expense.
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, the applicant
shall give notice thereof as follows:
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 current tax
duplicate or his/her agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his/her
address as shown on the 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 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 Section 6b of P.L.
1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
All notices hereinabove specified in this chapter
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 complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. 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-12c, the administrative officer of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as provided in Chapter 275, Fees, 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 § 70-28B.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon.
B.
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/her 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, as the case
may be, without separate charge to the applicant. The notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
A.
Whenever the Planning Board approves an application for development with variances or conditions, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the respective Board shall include in its resolution of approval the requirement that the respective Board's Attorney, at the sole cost and expense of the applicant, prepare a deed in recordable form that includes the variance(s) or condition(s); that the applicant execute said deed and have same duly witnessed and acknowledged; and return to the respective Board's Attorney for recording with the office of the Passaic County Clerk, Registry Division, or any successor thereto. The deed shall be from the applicant as grantor to the applicant as grantee fully reciting the respective Board's actions in order to give fair notice to any interested party as to the status of the property in question. The approving resolution shall require that the applicant pay to the respective Board's Attorney a fee as set forth in Chapter 275, Fees, for preparation of said deed and shall additionally require the applicant to pay the actual recording fee charged by the Passaic County Clerk as determined by the respective Board's Attorney. A copy of the recorded deed shall be sent by the respective Board's Attorney to the applicant's attorney or applicant, as the case may be, within 30 days of the date the recorded deed has been returned to the respective Board's Attorney.[1]
B.
The procedure set forth above shall be completed no later than 60
days after the date of publication of the resolution of approval by
the respective Board.
C.
The resolution of approval by the respective Board shall be deemed
contingent upon the proper recording of the deed as set forth herein.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application, or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by either Board shall be conditioned upon either the
prompt payment of such taxes or assessments or the making of adequate
provision for the payment thereof in such manner that the municipality
will be adequately protected.
