[Amended 12-18-2000 by Ord. No. 00-19]
A.
Pursuant to N.J.S.A. 40:55D-9, 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 Chairman 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.
E.
The provisions of the Open Public Meetings Law, where
applicable, shall be observed.
Pursuant to N.J.S.A. 40:55D-9c, 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 City 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 use as provided for in the rules of the Board.
A.
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:
(1)
Public notice shall be given by publications in the
official newspaper of the City at least 10 days prior to the date
of the hearing.
(2)
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 City in which
applicant's land is located. Such notice shall be given by:
(3)
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.
(4)
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.
(5)
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.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing or an application
for development of property adjacent to a state highway.
(7)
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 City Clerk pursuant to N.J.S.A. 40:55D-10.
(8)
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
requiring public notice shall be given, in the case of a public utility,
cable television company or local utility which possesses a right-of-way
or easement within the City and which has registered with the City
in accordance with N.J.S.A. 40:55D-12.1, by:
(a)
Serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
B.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing for the development application. Any
notice made by certified mail as hereinabove required shall be deemed
to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.
C.
Form of notice. Pursuant to N.J.S.A. 40:55D-11, all
notices required to be given pursuant to the terms of this Part 2
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, and by reference to lot
and block numbers as shown on the current tax duplicate in the City
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.
D.
List of property owners furnished. Pursuant to the
provisions of N.J.S.A. 40:55D-12c, the City Tax Assessor 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 this section. In addition,
the Tax Assessor shall include on the list the names, addresses and
positions of all those persons who, not less than seven days prior
to the date on which the applicant, requested to receive notice pursuant
to N.J.S.A. 40:55D-12.1.
A.
Rules. In accordance with N.J.S.A. 40:55D-10, the
Planning Board shall make rules governing the conduct of hearings
before such body, 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 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 (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. The 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 to any interested party at their
expense.
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 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 City 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 city.
C.
Publication of decision. A brief notice of every final
decision shall be published in the official newspaper of the city.
Such publication shall be arranged by the Secretary of the Planning
Board. The cost shall be charged to the applicant. Said notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
No member of the Planning Board 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 further
discussion or decision relating thereto.
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 the 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 City will be adequately
protected.
A.
The following fees shall be charged an applicant for review of an
application by the Planning Board. Every application for development
shall be accompanied by check(s) payable to City of Salem in accordance
with the following schedule of administrative escrow fees. Administrative
fees and escrow fees shall be paid in separate checks.
[Amended 8-16-2021 by Ord. No. 21-08]
|
Administrative Fees
|
Escrow Deposits
| |
|---|---|---|
|
Informal review
| ||
|
1 15-minute appearance
|
$100
|
$300
|
|
Any additional appearance
|
$200
|
$750
|
|
Subdivisions
| ||
|
Minor subdivision plat
|
$100
|
$1,000
|
|
Preliminary major subdivision plat
|
$500
|
$500, plus $150 per lot
Minimum deposit shall be $2,000
|
|
Final major subdivision plat
|
$500
|
$250, plus $75 per lot
Minimum deposit shall be $1,000
|
|
Amended minor, preliminary major and/or final major
subdivision plat
|
$200
|
$1,000
|
|
Request for reapproval or extension of time
|
$300
|
$300, plus $25 per lot
Minimum deposit shall be $500
|
|
Site plans
| ||
|
Minor
|
$200
|
$2,000
|
|
Preliminary major site plan
|
$300
|
$500/acre or part thereof, plus $50 per dwelling unit in the
case of multiple-family units and/or $0.10/gross square foot of building
area in the case of nonresidential buildings, provided a minimum $4,000
shall be deposited
|
|
Final major site plan
|
$200
|
$250/acre or part thereof, plus $25 per unit in the case of
multiple-family units and/or $0.05/gross square foot of building area
in the case of nonresidential buildings, provided a minimum $2,000
shall be deposited
|
|
Amended minor, preliminary major and/or final major
site plan
|
$200
|
$1,000
|
|
Request for reapproval or extension of time
|
$300
|
$300, plus $100 per acre or part thereof
|
|
Conditional uses (in addition to fees for required
site plan or subdivision review)
|
$300
|
$100 per acre or part thereof, minimum deposit is $1,000
|
|
Variances
| ||
|
Use and others (N.J.S.A. 40:55D-70d)
|
$300
|
$2,000
|
|
Conditional use and bulk (N.J.S.A. 40:55D-70c)
|
$300
|
$500 first variance, plus $200 each additional variance
|
|
Hardship (N.J.S.A. 40:55D-70c)
|
$300
|
$500
|
|
Appeals and interpretations
|
$300
|
$1,000
|
|
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$300
|
$1,000
|
|
Site plan waivers
|
$200
|
$500
|
B.
Application and escrow fees.
[Amended 8-16-2021 by Ord. No. 21-08]
(1)
The application fees and escrow fees received hereinabove are minimums
which must accompany the application. An application shall not be
deemed complete until the application fee and escrow fee required
have been paid. The Planning Board shall exercise its discretion in
establishing the figure required for the escrow fund in the event
that the project will require more time for review than has been provided
for by the figures received hereinabove or the project is of a nature
that is not expressly included in one of the aforementioned categories.
(2)
Application fees and escrow fees must be submitted in separate checks
payable to Salem City.
C.
All fees, unless otherwise specified, shall be paid
by the applicant or appellant to the Secretary or Clerk of the municipal
agency to which the application for appeal is being made at the same
time as his application is submitted or his appeal is filed. Said
fee shall then be turned over to the City Treasurer at the end of
each month.
