Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken under the terms of this chapter shall give primary consideration to the welfare of the entire community.
All provisions of this chapter may be amended in accordance with applicable laws.
Any interested party may appeal to the governing body any final decision of a Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
A. 
Establishment and composition:
(1) 
A Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven members and two alternates, all residents of the Borough appointed by the Council to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(2) 
Two alternate members shall be appointed by the Council. Alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be two years.
(3) 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
B. 
Board of Adjustment authority.
(1) 
No variance or other relief may be granted under the provisions of this section unless granted without substantial detriment to the public good and not substantially impairing the intent and purpose of the zone plan and this chapter.
(2) 
The Board of Adjustment shall have powers to:
(a) 
Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter.
(b) 
Hear and decide, by majority vote, requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(c) 
Grant by majority vote a variance from the strict application of the zoning regulations where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the zoning provisions of this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property or where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law[1] would be advanced by a deviation from said zoning provisions and the benefits of the deviation would substantially outweigh any detriment, except that if the applicant requires subdivision, site plan or conditional use approval by the Planning Board, the request for a variance under these circumstances shall be acted on by the Planning Board in conjunction with the subdivision, site plan or conditional use application. No variance to allow the departures enumerated in Subsection B(2)(d) below shall be granted pursuant to this Subsection B(2)(c).
[Amended 11-6-1989 by Ord. No. 15-89]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(d) 
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board. Whenever there is a "d" variance[2] application, the Board of Adjustment shall have the power to grant subdivision, site plan or conditional use approval in conjunction with its action on the "d" variance and may impose restrictions on the subdivision, site plan or conditional use application in the same manner as the Planning Board. Such action on the subdivision, site plan or conditional use application as part of a "d" variance application shall be limited to the lot concerning the "d" variance. Any remaining land proposed for development, but not requiring a "d" variance, shall be submitted to the Planning Board as the approving authority.
[2]
Editor's Note: This refers to Subsection d of N.J.S.A. 40:55D-70.
(e) 
The Board of Adjustment shall have the power to direct 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 on the Official Map and direct issuance of a permit for a building or structure not related to a street.
C. 
Appeals and applications.
(1) 
Appeals to the Board of Adjustment may be taken by any interested party within 20 days of the action by the officer from whom the appeal was taken. Three copies of the notice of appeal shall be filed with the administrative officer specifying the grounds for the appeal. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record.
[Amended 8-4-2009 by Ord. No. 11-2009]
(2) 
Applications to the Board of Adjustment shall be filed with the administrative officer. Three copies of the application shall be filed, along with all plot plans, maps or other papers required by this chapter or rule of the Board of Adjustment.
(3) 
An appeal stays all proceedings unless the officer from whom the appeal is taken certifies to the Board of Adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
(4) 
Any application may be referred to any person or agency for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
D. 
Power to reverse or modify decisions. The Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all the powers of the administrative officer from whom the appeal was taken.
E. 
Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the submission of a complete application for development without prior application to the administrative officer. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
F. 
Expiration of variance. In the granting of hardship and use variances, a time limit of one year from the date of the variance approval shall be set, within which time the owner shall secure a building permit; otherwise the variance granted shall be null and void. The approving authority may for good cause shown extend the period for securing a building permit for an additional period not exceeding six months.
All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use.
A. 
Before any permit shall be issued for a conditional use, applications shall be made to the approving authority, who shall after public hearing grant or deny the application within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the application, the approving authority shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant even though a conditional use shall be a permitted use in the district in which it is located. Conditional uses shall require site plan approval. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.
B. 
In approving a conditional use, a time limit of one year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise the approval shall be null and void. The approving authority may for good cause shown extend the period for securing a building permit for an additional period not to exceed six months.
This chapter shall take effect upon final passage, publication and filing with the County Planning Board.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. No zoning permit shall be issued unless the proposal is in compliance with this chapter. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued.
[Amended 12-27-1979 by Ord. No. 31-79; 5-11-1982 by Ord. No. 5-82; 10-3-2000 by Ord. No. 12-2000; 11-17-2008 by Ord. No. 13-2008; 8-17-2010 by Ord. No. 10-2010]
A. 
Filing fees. The applicant shall, at the time of filing an application for development or other relief, pay the following nonrefundable fees to the Borough by certified check or bank money order (fees per lot shall be based on all lots in the subdivision, including any lot constituting so-called "remaining lands"):
Minor subdivision
$250
Major subdivision
Preliminary
Fewer than 10 lots
$700
More than 10 lots
$1,000
Final
Fewer than 10 lots
$500
More than 10 lots
$750
Request for extension of approval
$100
Site plans:
Preliminary
$350
Final
$250
Request for site plan waiver
$50
Minor site plan
$250
Concept plan (per meeting)
$250
Special meetings
$500
Variances:
Appeals (N.J.S.A. 40:55D-70a)
$250
Interpretation (N.J.S.A. 40:55D-70b)
$250
"c" variance (N.J.S.A. 40:55D-70c)
$250
"d" variance (N.J.S.A. 40:55D-70d)
$400
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
$250
Certified list of property owners
$0.25 per name or $10, whichever is greater
Copies of minutes, transcripts or resolutions
$1 per page for first copy; $0.25 per page for each additional copy
Subdivision approval certificate (per certificate)
$15
Lot line adjustment
$200
Rezoning application
$500
Conditional use permit
$250
B. 
Review fees/escrow deposits. In addition to the fees set forth in Subsection A, an applicant shall, at the time of filing an application for development or other relief, pay the following refundable escrow fees to the Borough by certified check or bank money order to cover the cost of engineering, planning, inspection and legal services incurred by the Borough as a result of such applications:
Minor subdivision
$1,000
Major subdivision:
Preliminary
Fewer than 10 lots
$400 per lot
More than 10 lots
$2,000 plus $300 per lot
Final
Fewer than 10 lots
50% of preliminary review fee
More than 10 lots
50% of preliminary review fee
Request for extension of approval
$500
Site plans:
Preliminary
$10 per 1,000 square feet of lot area plus $50 per 1,000 square feet of building area and paved driveway/parking area
Final
50% of preliminary review fee
Request for site plan waiver
$500
Minor site plan
$750
Concept plan
$1,000
Special meetings
Variances:
Appeals (N.J.S.A. 40:55D-70a)
$500
Interpretation (N.J.S.A. 40:55D-70b)
$250
Hardship (N.J.S.A. 40:55D-70c)
$500
Use (N.J.S.A. 40:55D-70d)
$1,500
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
$1,000
Subdivision approval certificate, per certificate
$50
On-site inspections
5% of estimated costs of improvements; minimum of $500
Lot line adjustment
$500
Rezoning application
$2,000
Conditional use permit
$750
C. 
Refunds and additional escrow payments. If, at the completion and municipal approval and acceptance of all required improvements on a site plan or subdivision, the sum deposited with the Borough of Washington by the applicant pursuant to this section to cover the cost of engineering, planning, inspection and legal services should exceed the expense actually incurred by the Borough for such services, the applicant, upon written request made within one year following the date of such acceptance, shall be entitled to the return of the amount by which his deposit aforesaid exceeds such actual costs, without interest. Where the costs of engineering, planning, inspection and legal services exceed the sum deposited with the Borough, the applicant shall reimburse the Borough for such additional costs and shall maintain a positive balance in its escrow account.
D. 
Appeal to the governing body. Any appeal to the Borough Council shall be accompanied by a two-hundred-fifty-dollar fee together with three copies of the transcript(s) of the hearing(s) before the Board of Adjustment.
A. 
No final plat shall be approved until all items required to be bonded have been either installed and approved by the Municipal Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body. No maintenance bond shall be accepted for any item which has further stages of work or which will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guaranty.
B. 
The applicant shall submit the performance guaranty to the Municipal Engineer, Attorney and governing body for review and approval by resolution. Final plat submission shall not be made until the performance guaranty has been accepted and approved by the governing body.
(1) 
The performance guaranty shall consist of a performance bond, in which the developer shall be principal and the surety shall be an acceptable surety company licensed to do business in New Jersey, and/or cash or certified check, which shall be deposited with the Borough Treasurer. The Treasurer shall issue a receipt for such deposits. If the improvements have not been completed in accordance with the standards or within the stipulated time, but no longer than two years, the obliger and surety shall be liable thereon for the reasonable cost of completing the improvements. The Borough may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(2) 
The performance guaranty shall equal 120% of the cost of installing the improvements, together with a maintenance bond equal to 15% of the cost of any facilities installed prior to final plat submission. Ninety percent of this total shall be either certified check, bank money order, irrevocable letter of credit from a federally insured bank or surety bond of a bonding company approved by and at the option of the governing body. The remaining 10% shall be certified check or bank money order payable to the Borough. In the event of default, the ten-percent cash fund shall be first applied to complete the requirements, and the cash, certified check, letter of credit or surety bond shall thereafter be resorted to, if necessary. The Municipal Engineer's certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for governing body action which accepts or rejects the improvements, withholds approval, or extends the time allowed for installation of the improvements.
[Amended 11-6-1989 by Ord. No. 15-89]
C. 
Prior to construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. The Municipal Engineer shall be notified by registered mail by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Borough for all reasonable inspection fees by submitting a certified check or bank money order to the Borough Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. The funds shall be deposited in an interest-bearing escrow account. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Borough Clerk, each additional deposit being in amounts not to exceed 50% of the initial deposit:
Estimated Construction Cost
Inspection Fee
Under $5,000
$350
$5,000 to $10,000
$350 + 5% of excess over $5,000
$10,000 to $50,000
$600 + 4 1/2% of excess over $10,000
$50,000 to $75,000
$2,400 + 4% of excess over $50,000
$75,000 to $100,000
$3,400 + 3 1/2% of excess over $75,000
Over $100,000
$4,275 + 3% of excess over $100,000
D. 
No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.[1]
[1]
Editor's Note: Former Subsection E, which immediately followed this section and dealt with utility substations, was repealed 11-6-1989 by Ord. No. 15-89, which ordinance also relettered former Subsections F, G, H and I as Subsections E, F, G and H, respectively.
E. 
Occupancy permits may be issued in accord with the provisions of § 94-18 of this chapter only when required fire alarms, curbs, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the streets, driveway and sidewalks, traffic control devices and streetlights are installed to serve the lot and structures for which the occupancy permit is requested. Occupancy permits shall, in no instance, be issued in reliance or partial reliance upon the performance guaranties to ensure the installation of a utility to serve the property to be occupied. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass area shall be the final operation.
[Amended 7-10-1984 by Ord. No. 11-84]
F. 
After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and apply to the governing body for final inspection of the work. The Municipal Engineer shall, within 30 days of completing the inspection, report in writing to the governing body recommending either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
G. 
The governing body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Municipal Engineer's report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guaranty has been submitted and approved to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guaranty except for a portion sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guaranty.
H. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth shall be allowed.
I. 
Maintenance guaranty. No improvements shall be accepted by the governing body unless and until all of the following conditions have been met:
(1) 
The Municipal Engineer shall have certified in writing that all the improvements are complete and that they comply with this chapter and other applicable ordinances.
(2) 
The developer has provided a maintenance guaranty to the governing body in an amount equal to 15% of the cost of improvements and running for two years. Ninety percent of this total shall be in either certified check, bank money order or surety bond of a bonding company approved by and at the option of the governing body. The remaining 10% shall be in a certified check. The maintenance guaranty shall provide a guaranty to replace all work performed and all furnished materials found defective and make good any defects thereof which become apparent during the two-year period, in addition to regular maintenance, such as curb replacement and repair, cleaning out catch basins and other matters. The maintenance guaranty shall be in a form acceptable to the governing body, Municipal Engineer and Attorney. In the event that other governmental agencies or public utilities will own the utilities, or the improvements are covered by a guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
(3) 
To obtain release of the maintenance bond, the developer shall, after all required maintenance has been completed, apply to the governing body in writing by certified mail, with a copy to the Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within 30 days of receipt of request for inspection, report in writing to the governing body indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection.
(4) 
The governing body shall either approve or reject the improvements and release of the maintenance bond or reduce the amount of the maintenance bond, following the same procedures for performance bonds.
All previously adopted subdivision, site plan and zoning ordinances and their amendments are repealed.
The Planning Board may require, as a condition for approval of a subdivision or site plan, that a developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities, and easements therefor, which are located outside the property limits of the subdivision or development, as the case may be, but are necessitated or required by construction or improvements within such subdivision or development. The Planning Board shall determine, in the course of review of any such application, whether or not any contribution for an off-tract improvement shall be required. If such contribution shall be required, the matter shall be referred to the governing body for a determination as to the funding of such improvement as:
A. 
A general improvement.
B. 
A local improvement.
C. 
The improvement to be performed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the development. The contribution for costs shall be as set forth in the adopted circulation and utility service plans.
[Amended 12-27-1979 by Ord. No. 33-79; 7-10-1984 by Ord. No. 11-84]
A. 
Rules concerning when permits are required.
[Amended 4-9-1985 by Ord. No. 2-85]
(1) 
Before any development activities regulated by this chapter occur on any property, a zoning permit shall be obtained by the owner. The tenant on the property, with the written permission of the owner, may apply for the zoning permit. In the event that development activity occurs without a permit, a summons may be issued to the owner and/or the tenant, or both, if the nonpermitted development activity is authorized or performed by the tenant.
[Amended 12-7-2004 by Ord. No. 20-2004]
(2) 
It shall be unlawful to commence any land development activity or commence a change in use of any structure, building or lot or portion thereof or commence the erection, construction, reconstruction, alteration, conversion or installation of a structure or building without first filing a written zoning application with the Zoning Officer and obtaining the required permit therefor. Ordinary repairs and maintenance may be performed without need for a zoning permit, including but not necessarily limited to re-siding, installation of a new roof, painting, rewiring and internal remodeling.
[Amended 11-6-1989 by Ord. No. 15-89]
B. 
Applications.
(1) 
The application for a permit shall be submitted in such form as the Planning Board may prescribe and shall be accompanied by the required fee as provided for in this section. The application shall contain a general description of the proposed activity, its location, the use and occupancy of all parts of the building or structure and such additional information as may be required by the Zoning Officer to ensure that the provisions of the chapter are being fulfilled, which shall include but not be limited to the following:
(a) 
The name and address of the owner, such address shall not be limited to a post office box but shall specify a physical location where such owner or agent may be found during normal business hours. Where the owner is a corporation, partnership or other business entity, the application shall indicate the names and addresses of the officers or other responsible persons upon whom service may be made.
(b) 
The street address and lot and block number of the property upon which the regulated activity is contemplated.
(c) 
A description of the proposed activity, including lot ground coverage in square feet, total floor area in square feet and the use existing and intended for such structures, lots or extensions thereof, the source of sanitary waste disposal and a listing of any special or unusual substances or hazardous facilities proposed for inclusion in the building or structure on the lot.
(d) 
The estimated cost of the work for which a permit is sought, including but not limited to building construction, on-site construction and all integral equipment, built-in furnishings and finishes. Where any material or labor proposed for installation in the building or structure is furnished or provided at no cost, its normal or usual cost shall be included in the estimated cost.
(2) 
Applications for a zoning permit shall be made by the owner or his agent, a licensed engineer, architect or plumbing, electrical or other contractor employed in connection with the proposed activity. If the applicant is a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the authorized person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application.
(3) 
Every zoning permit application must be accompanied by a plan, drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the activity to be performed. Plans submitted shall only be required to show such detail and include such information as shall be reasonably necessary to assure compliance with the requirements of the chapter. The plans must show, to scale, the size, shape and height and elevation of all the new construction and all existing structures on the site in exact relation to all property lines and street lines. The plan shall be drawn in accordance with an accurate boundary survey unless the plan is accompanied by satisfactory evidence that the property and street lines are accurate and the activity contemplated does not involve new construction in excess of $5,000.
(4) 
An application for a zoning permit for any proposed activity shall be deemed to have been abandoned three months after date of filing, except for reasonable cause. The Zoning Officer may grant one extension of 90 days.
(5) 
Amendment to an application, plan or other record accompanying the same may be filed at any time prior to the completion of the activity for which the permit is sought or issued, such amendments shall be deemed part of the original application and shall, if approved, be filed therewith. If the amendment involves a substantial deviation from the original application, a new affidavit of consent shall be required.
C. 
Issuance of permits.
(1) 
The Zoning Officer shall examine or cause to be examined all applications for zoning permits and shall examine or cause to be examined all applications for zoning permits and amendments thereto and approve or deny in whole or in part the application within 10 business days. If the application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If the Zoning Officer fails to grant, in whole or in part, or deny an application within 10 days, such failure shall be deemed a denial of the application for purposes of an appeal to the Board of Adjustment, unless such period of time has been extended with the consent of the applicant.
(2) 
Any zoning permit issued shall become invalid if the activity is not commenced within 12 months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the commencing of work.
(3) 
The Zoning Officer shall attach his or her signature to every zoning permit and shall stamp or endorse, in writing, plans approved. By doing so he or she shall certify to having reviewed and approved the application for a zoning permit.
(4) 
The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of facts in the application or on the plans on which the approval was based.
(5) 
A true copy of the zoning permit shall be posted on the site of the activity and shall be open to inspection during the entire time of projection of the work and until completion of the same.
(6) 
A zoning permit shall be issued prior to the issuance of a building permit, and no building permit or certificate of occupancy shall be issued without a valid zoning permit having been issued.
D. 
Conditions of permit. The issuance of a zoning permit shall be conditioned upon the following:
(1) 
The payment of appropriate fees.
(2) 
That activity will conform to the approved application and plans for which the permit has been issued, including prior approvals and any approved amendments thereto.
(3) 
That the zoning permit is a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter.
(4) 
That the owner, his agent, contractor or other employees will assist the enforcing agency in its inspection work, if required.
(5) 
The lot and building locations being staked out on the ground before any construction activity commences, if applicable.
E. 
Fees.
[Amended 11-17-2008 by Ord. No. 13-2008]
(1) 
The fee for residential zoning permits shall be $25.
(2) 
The fee for nonresidential zoning permits shall be $50.
(3) 
The fee for a new house inspection shall be $75.
(4) 
An additional fee of $25 shall apply to any activity requiring inspection, except when the inspection fees are provided for under § 94-15C.
F. 
Certificate of occupancy. All certificates of occupancy shall be issued by the Building Inspector. Any new lot or buildings or changes in use shall require a certificate of occupancy prior to the inception of the use. No such certificate shall be issued unless the land, building and use comply with this chapter and comply in all respects with approved subdivision plats or site plans, except that the Planning Board, for good cause shown, may direct the Zoning Officer to issue zoning clearance to allow a certificate of occupancy to be issued by the Building Inspector for parts of such approved subdivisions or site plans, provided that all utilities serving the individual parts of the development for which certificates of occupancy are sought are in place. Good cause shall be a showing by the applicant that the certificate of occupancy for the portions of the site to be occupied may be issued without endangering the health, safety and welfare of the occupants or the general public, are in compliance with § 94-15F, and will not unduly impede the construction work in progress. In all other cases, no certificate of occupancy may be issued prior to the completion of all subdivision and site plan requirements and certification by the Municipal Engineer thereto.
G. 
A temporary permit may be issued for a period not to exceed one year (but may be extended by the issuing officer for good cause shown) for a sales office or for the storage of construction materials and supplies as part of the construction of a major development, provided that, as to such sales office, the following criteria are met:
[Added 11-6-1989 by Ord. No. 15-89]
(1) 
The sales office is situated in a dwelling and is on an approved subdivided lot or is one of the multifamily dwellings in the development.
(2) 
Such dwelling unit is similar in general design and construction to others being sold.
(3) 
No business is conducted from such sales office other than sales of the dwelling units in the development in which such sales office is located.
(4) 
Such sales office shall meet all applicable bulk requirements of this chapter.
H. 
On application, the Borough Manager is authorized to grant permission to the applicant to place a manufactured home on a nonpermanent foundation within the Borough for the sole purpose of the homeowners residing therein on land owned by themselves, pending repair of fire, flood or other casualty damage to a previously existing single-family dwelling situate on the same lot, provided that in no case shall any manufactured home remain so situate in the Borough for a period exceeding 360 days.
[Added 11-6-1989 by Ord. No. 15-89]
A. 
A Planning Board is hereby established consisting of nine members who shall serve for a term pursuant to N.J.S.A. 40:55D-23, except, upon the adoption of this chapter, the present members of the Planning Board now holding office shall continue therein until present terms expire. The Class I and Class II members shall be appointed by the Mayor. The Class III member shall be appointed by the Borough Council. Class IV members shall be appointed by the Mayor. The terms of all Class IV members first appointed under this section shall be determined so that to the greatest practical extent the expiration of such terms shall be distributed evenly over the first four years after their appointment. The term of each Class IV member shall not exceed four years. The Planning Board shall have all the powers delegated to it under the provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
B. 
Alternate members of the Planning Board may be appointed as follows: one alternate member in Class II; one alternate member in Class III; two alternate members in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed the initial terms of such members shall be one and two years, respectively. Such alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2," and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
A. 
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership. Both Boards shall select a Secretary and Assistant Secretary who may or may not be members of the Board or municipal employees.
B. 
Attorney. There is hereby created the office of Planning Board Attorney and the office of Attorney to the Board of Adjustment. Each board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective board attorney, who shall be an attorney other than the Municipal Attorney.
C. 
Experts and staff. Both boards may employ or contract for the services of experts and other staff and services as they may deem necessary. Neither board shall authorize expenditures which exceed, exclusive of gifts or grants, an amount appropriated by the governing body for its use.
D. 
Rules and regulations. Each board shall adopt such rules and regulations necessary to carry out its duties.
E. 
Conflicts of interest. No member shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any member shall disqualify himself, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
F. 
Meetings.
(1) 
Meetings shall be scheduled no less than once a month, and any meeting shall be held as scheduled unless canceled for lack of applications for development to process.
(2) 
Special meetings may be called by the Chairman or on request of any two Board members, provided that there is notice to the members and public in accordance with all applicable legal requirements.
(3) 
No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of a quorum, except where a specified portion of the full authorized membership is required pursuant to N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34 and 40:55D-70d.
(4) 
All meeting shall be open to the public. Notice of meetings shall be given in accordance with the Open Public Meetings Law, Chapter 231 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: N.J.S.A. 10:4-6 et seq.
G. 
Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes and be charged a fee for their reproduction.
H. 
Hearings.
(1) 
Rules. Both boards may make rules governing the conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1 et seq., and this chapter. The approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans except where a variance or conditional use is part of the application.
(2) 
Oaths. The presiding officer or such person as he may designate shall have power to administer oaths or 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3) 
Testimony. The testimony of all witnesses 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 indirectly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4) 
Evidence. Technical rules of evidence shall not be applicable, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5) 
Records. Each board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. Each board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
(6) 
Certified court reporter. If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the approving authority shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
(7) 
When any hearing before either board shall carry to 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 that such board member has available to him 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.
The approving authority shall hold a public hearing on each application for development, except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below (N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12):
A. 
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the administrative officer.
B. 
Each decision on any application shall be in writing and shall include findings of facts and conclusions based thereon.
C. 
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the Borough, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
D. 
All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.
E. 
All hearing notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date:
(1) 
Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the municipality.
(2) 
Notice shall be given to the owner of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This notice shall be given by either serving a copy thereof on the property owner as shown on the 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 current tax duplicate.
(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.
(5) 
Notice shall be given by personal service or certified mail to the County Planning Board where the hearing concerns a 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; to the Commissioner of Transportation where the hearing concerns a property adjacent to a state highway; or to the Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units. The notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.
F. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
These regulations shall not abate or modify any action, penalty, liability or right pending upon any ordinance repealed by the adoption of this chapter except as expressly provided in this chapter.
[1]
Editor's Note: Former § 94-23. Use variance applications to be reviewed by Planning Board, was repealed 5-28-1985 by Ord. No. 7-85.
If any provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to that provision, and the remainder of this chapter shall be deemed valid and effective.
A. 
In case of any violation of this chapter, the Borough or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed $500 and/or 90 days in jail. Each day shall be deemed a separate violation.
B. 
If, before final subdivision approval, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
C. 
In addition, the Borough may institute and maintain a civil action:
(1) 
For injunctive relief; and
(2) 
To set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.
D. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.