A.
The Fire Chief and the Police Chief of the Township shall be ex officio
advisory members of the Planning Board and Zoning Board of Adjustment
for the purposes of advising the Boards on any application that may
come before them on the impact the granting of such applications may
have upon the furnishing of police or fire-protection services, or
any requirements that may be advisable in that regard.
B.
Neither the Fire Chief nor the Police Chief shall vote on any matter
coming before such Board, nor shall they be considered "regular" members
of such Board as that term is used in the appropriate New Jersey statutes.
C.
Both the Fire Chief and the Police Chief may, from time to time,
appoint a member of their respective departments to attend any Board
meeting in their place.
No member of the Planning Board or Zoning Board of Adjustment
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/herself 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 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 Chairperson
or at the request of any two Board members. Such 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.[1]
(1)
If
the Planning Board lacks a quorum because any of its regular or alternate
members are prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chair
of the Board of Adjustment shall make the choice.
(2)
If
the Board of Adjustment lacks a quorum because any of its regular
or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting
on a matter due to the member's personal or financial interest therein,
Class IV members of the Planning Board shall be called upon to serve,
for that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chair of the
Planning Board shall make the choice.
D.
All actions shall be taken by majority vote of the members present,
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6
et seq. To the extent permitted by the Open Public Meetings Law, and
in accordance with the provisions of N.J.S.A. 40:55D-9, an executive
session for the purpose of discussing and studying any matters to
come before either Board shall not be deemed a regular or special
meeting, and no actions requiring a vote shall be taken.
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 Township 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.
Determination of fees. 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 Board, and copies of such rules or of the separate fee schedule shall be available to the public. Fees shall be as set forth in § 195-51.
B.
Application charges and escrow deposits. Every application for development shall be accompanied by two separate checks payable to the Township of Clark, one for the application charge and the other for the escrow account, in accordance with the schedule set forth in § 195-51.
C.
Multiple applications. In the case of applications involving more
than one category of application for development, such as an application
for site plan or subdivision approval coupled with a variance, the
application charge shall be the highest of the applicable charges,
plus 50% of all other applicable charges.
D.
Nonrefundability. The application charge is a nonrefundable flat
fee to cover administrative expenses.
E.
Determination of site plan charges. On applications for site plan
approval, the applicant shall submit a statement in support of the
calculation of the application charge, which statement shall be subject
to review by the Board.
F.
Special meetings. Whenever an applicant to the Planning Board or the Zoning Board of Adjustment shall request the conduct of a special meeting by the Board in order to expedite review of its application, the applicant shall be required to post, in addition to those fees and escrows provided elsewhere, a sum to be determined by the Secretary of the appropriate Board, sufficient in amount so as to defray the cost of such a special meeting, which sum shall include, but not be limited to, anticipated attorneys' fees; secretarial fees; administrative fees, to be charged by the Township for providing facilities and security; and such other fees which shall be deemed necessary, reasonable and appropriate. The sum shall be posted by the applicant with the Secretary of the appropriate Board, simultaneous with the request for the special meeting, and shall be held in an escrow account in the office of the Township Treasurer until all charges in connection with the special meeting have been paid in full, with any balances remaining to be remitted to the applicant. Fees shall be as set forth in § 195-51.[1]
A.
Reimbursement of Township expenses. In addition to the fees set forth in this Part 1 and § 195-51, Development fees, an applicant shall be responsible for reimbursing the Township for all necessary expenses of professional personnel incurred and paid by the Township to process an application for development before the approving Board, including, without limitation:
(1)
Charges for reviews by professional personnel of applications and
accompanying documents.
(2)
Issuance of reports by professional personnel to the approving Board
setting forth recommendations resulting from the review of any documents
submitted by the applicant.
(3)
Charges for any telephone conference or meeting requested or initiated
by the applicant, his/her attorney or any of his/her experts.
(4)
Review of documents submitted by the applicant not required by ordinance
and issuance of reports relating thereto.
(5)
Review or preparation of easements, developer's agreements, deeds
or the like.
(6)
Preparation for and attendance at special meetings.
(a)
A "special meeting" shall be defined as any meeting held at
the request of the applicant or approving Board which is not held
during a regularly scheduled approving Board session.
(b)
All meetings, whether regular or special, shall be in compliance
with the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
(7)
The preparation of extraordinary or specialized resolutions of memorialization,
including, without limitation, resolutions pertaining to an application
for general development plan approval and an application concerning
which the resolution must contain a summary of more than two experts
testifying on behalf of the applicant in order for the resolution
to contain adequate findings of fact and conclusions based thereon
pursuant to N.J.S.A. 40:55D-10c.
(8)
Costs for all hearing transcripts.
B.
Notice to applicant of intent to obtain additional expert advice.
The approving Board shall give prior notice to the applicant of its
intention to obtain additional expert advice or testimony and afford
the applicant an opportunity to be heard as to the necessity for such
additional advice or testimony and the definition of the limitations
on the nature and extent thereto.
C.
Exceptions. No applicant shall be responsible to reimburse the Township
for any of the following:
(1)
The cost of attendance, advice and/or testimony of any expert testifying
at a regularly scheduled meeting of the approving Board in his/her
capacity as a full-time Township employee; provided, however, that
the Township shall be entitled to be reimbursed for attendance of
its professional personnel at special meetings of the approving Board
which are called at the applicant's request. Nothing contained herein
shall be construed as requiring the approving Board to grant an applicant's
request to hold a special meeting.
D.
"Professional" defined. The term "professional personnel" or "professional
services," as used herein, shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser, certified
shorthand reporter or other experts required by the approving Board
who would provide professional services to ensure an application complies
with the standards set forth in these regulations and other experts
whose testimony is in an area testified to by any of the applicant's
experts.
E.
Escrow accounts.
(1)
(2)
The sums hereinabove set forth are estimates and, during its review
of an application for development, the approving Board may determine
that such sums are sufficient, excessive or insufficient, based upon
the following criteria:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including, without limitation,
geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or
water quality.
(e)
Impact on improvements which might require off-tract or off-site
contributions.
(3)
Time of submission; amount.
(a)
All applicants shall be required to submit escrow deposits with
their application. At the time of filing his/her application for development,
the applicant shall execute an escrow agreement containing the terms
set forth herein.
(b)
In the event that the approving Board shall determine such amount is excessive, upon the prior written request of the applicant and by resolution, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by Subsection F(2) below. In the event the approving Board shall determine the amount specified above is insufficient, or in the event the escrow has been depleted, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Such additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.
(4)
The administrative officer shall determine the status of all escrow
accounts. Where additional funds are required, it shall be the obligation
of the administrative officer to notify the applicant of the amounts
needed.
F.
Refund of escrow; interest.
(1)
If the amount of the deposit exceeds the actual cost as approved for payment by the Township Council, the applicant shall be entitled to a return of the excess deposit, together with such interest as allowed by Subsection F(2) herein.
(2)
Deposits received from an applicant pursuant to this section shall
be deposited in a banking institution or savings-and-loan association
in this state insured by an agency of the federal government, or in
any other fund or depository approved for such deposits by the state,
in an interest-bearing account at no less than the minimum rate currently
paid by the institution on deposits on time or savings deposits. The
Township shall notify the applicant, in writing, of the name and address
of the institution or depository in which the deposits are made and
the amount of the deposits. The Township shall not be required to
refund any amount of interest paid on a deposit which does not exceed
$100 for the year. If the amount of interest exceeds $100, that entire
amount shall belong to the applicant and shall be refunded to him/her
by the Township annually, or at the time the deposit is repaid, or
applied to the purposes for which it was deposited, as the case may
be, except that the Township may retain for administrative expenses
a sum equivalent to no more than 33 1/3% of the accrued interest
on the escrow amount, which shall be for custodial administrative
expenses.[2]
G.
Payment of all reimbursable costs prior to final approval or issuance
of any permit or certificate. No subdivision plat or deed or site
plan shall be signed, nor shall any zoning permits, building permits,
certificates of occupancy or any other types of permits be issued
with respect to any approved application for development, until:
(1)
All bills for reimbursable services have been received by the Township
from professional personnel rendering services in connection with
such application.
(2)
Payment of such bills has been approved by the Township Council.
(3)
The applicant has reimbursed the Township the excess of such bills
over the escrow amount otherwise herein provided for.
A.
Rules. The Planning Board and Zoning Board of Adjustment may 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 Part 1.
B.
Oaths. The officer presiding at the hearing, or such person as he/she
may designate, shall have power to administer the 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. Each Board shall provide for the verbatim recording of the
proceedings by either a stenographer or by 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.
F.
Absences; eligibility to vote. When any hearing shall carry over
two or more times, a member of the Board who was absent for one or
more of the meetings shall be eligible to vote on the matter, provided
that the member has available to him/her a transcript or recording
of the meeting or meetings from which he/she was absent and certifies
in writing to the Board that he/she has read the transcript or listened
to the recording.
Whenever a hearing shall be required on an application for development,
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A.
By publication in the official newspaper of the Township at least
10 days prior to the date of hearing.
B.
Notice shall be given to the owners 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 and whether located
within or without the Township.
(1)
Notice
shall be given by:
(a)
Serving a copy thereof on the owner of the real property, as shown
on the current tax duplicate, or his/her agent in charge of the real
property; or
(b)
Mailing a copy thereof by certified mail to the real property owner
at his/her address, as shown on the current tax duplicate. A return
receipt shall not be required. Notice shall be deemed complete upon
mailing.
(2)
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,
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation,
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of the 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 real property in such adjoining municipalities which are located within 200 feet of the property which is the subject of the hearing.
D.
Notice shall be given to the County Planning Board of a hearing on
an application for development of property adjacent to an existing
county road or proposed road, as 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 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 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 Clerk pursuant to N.J.S.A.
40:55D-10.
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.
All notices required to be given, pursuant to the terms in this section,
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 Township
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 shall, within seven days of receipt of a request therefor and upon receipt of payment of a fee as specified in § 195-51, Development fees, provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice, pursuant to § 195-30B.
A.
Findings of fact and conclusions. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or § 195-18D shall be deemed an action denying the application. The Board shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the time period provided
in N.J.S.A. 40:55D for action by the Board on the application for
development; or
(2)
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the Board voted to
grant or deny approval. Only the members of the Board who voted for
the action taken may vote on the memorializing resolution, and the
vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting
from the failure of a motion to approve an application, shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the Board and not
to be an action of the Board. However, the date of the adoption of
the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publication required by N.J.S.A. 40:55D-10h
and 40:55D-10i.
B.
Conditional decisions; County Planning Board approval. Where required
by law, N.J.S.A. 40:27-6.6, the application shall be submitted to
the County Planning Board for review or approval, and, in such cases,
the Township Planning Board and Zoning Board of Adjustment shall condition
any approval that each grants upon timely receipt of a favorable report
from the County Planning Board or upon the County Planning Board's
failure to report within the required time period. Decisions may also
be conditioned on approval by other governmental agencies.
C.
Mailing. 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 request it and who have paid
the prescribed fee. A copy of the decision shall also be filed in
the office of the administrative officer, who shall make a copy of
such filed decision available for public inspection during his/her
office hours and a copy available to any interested party upon payment
of a fee, calculated in the same manner as those established for copies
of the other public documents in the Township.
D.
Publication. A brief notice of every final decision on an application
for a variance or development shall be published in the official newspaper
of the Township. Such publication shall be arranged by and be the
responsibility of the applicant. Notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
The applicant shall file an affidavit of publication with the Board
making the decision on the application for development.
E.
Time for appeal. The period of time in which an appeal of the decision
may be made shall run from the date of publication of the decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or Zoning Board of Adjustment 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 the 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 Township shall be adequately protected.
Immediately upon adoption of this Part 1, the Township Clerk
shall file a copy with the County Planning Board, as required by law.
The Clerk shall also file with the County Planning Board copies of
all other Township land use ordinances.
Any variance hereafter granted by the Zoning Board of Adjustment
or the Planning Board, permitting the erection or alteration of any
structure or structures or permitting a specified use of any property,
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced,
within one year from the date of entry of the approval of the variance,
except that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Zoning Board of Adjustment to the Township Council, or to a
court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding.
A.
Authority. This section is adopted pursuant to the authority granted
to the Township under N.J.S.A. 40:55D-10.3.
B.
Applicability. This checklist shall apply to all applications for
development in all zones within the Township.
C.
Determination of completeness; no bearing on merits. A determination
of completeness, pursuant to the terms and conditions hereof, is in
no way to be interpreted or understood as an evaluation of the adequacy
or acceptability of the information submitted and shall not be construed
as diminishing the applicant's obligation to prove in the application
process that he/she is entitled to approval of the application.
D.
Additional information. The approving Board may subsequently require
correction of any information found to be in error and submission
of any additional information not specified in this Part 1 or any
other ordinance of the Township, or any revisions thereof, as is or
may be reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met.
E.
Checklist. For the purposes of determining that an application for
any development within the Township is complete, pursuant to the terms
of N.J.S.A. 40:55D-10.3, an applicant shall be required to furnish
the following information, documents and fees:
(1)
A completed application form, as supplied by the Secretary of the
appropriate Board, containing full and complete responses and answers
to all requirements and questions contained thereon.
(2)
All required fees and charges pursuant to a schedule of fees to be
supplied to the applicant by the Secretary of the appropriate Board.
(3)
Certificate of Tax Collector that taxes have been paid.
(4)
An appropriate sketch plat, subdivision map or site plan, prepared
in accordance with the terms and conditions of the appropriate Township
ordinances as follows:
(a)
Subdivisions, minor and major; preliminary and final. Any application for a minor subdivision or a major subdivision, either preliminary or final, presented to either the Zoning Board of Adjustment or the Planning Board shall comply with all of the terms and conditions of Part 2, Subdivision and Site Plan Review, and subsequent amendments thereto and, if necessary, all of the terms and conditions of Chapter 310, Streets and Sidewalks, and all of the terms and conditions of any other applicable ordinance of the Township.
(b)
Site plans, preliminary and final. Any application for a preliminary or final site plan, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of Part 2, Subdivision and Site Plan Review, dealing with Article XIV, Site Plans, and amendments thereto, and all of the terms and conditions of any other applicable ordinance of the Township.
(c)
Variances; use variances; conditional uses. All applications for variances, use variances and/or conditional uses shall comply with the various and miscellaneous sections of Part 3, Zoning, and amendments thereto, as may be required, depending upon the nature of the variance, use variance or conditional use requested, and all of the terms and conditions of any other applicable ordinance of the Township.
(d)
Site plan or plan of survey. The site plan or plan of survey
shall contain an area map and shall include the following:
[1]
Lot lines, with dimension.
[2]
Tax block and lot numbers.
[3]
Zoning district.
[4]
Name of road or roads on which the property fronts.
[5]
Easements, rights-of-way, if any, and zone boundaries.
[6]
Location of streams, if any.
[7]
Location of all existing buildings, if any, and of proposed
structures or changes showing front, rear and side yard dimensions
and distance from buildings to property lines.
[8]
Building area allowed, draw lines showing required front, rear
and side yard setbacks.
[9]
Location, arrangement and dimensions of parking area, driveway,
patios, etc.
[10]
Names of adjoining property owners.
[11]
Location of all buildings on all adjoining properties,
including setbacks. The area map may be copied from the Tax Maps in
the assessment office. It must show the applicant's plot and the properties
within 200 feet in outline, including properties outside the Township,
where necessary. It must indicate lot and block numbers on each plot
within the two-hundred-foot area within or without the Township.
F.
Additional requirements. In addition to the above, any application
for development shall be subject to any rules and regulations as adopted,
from time to time, by either the Zoning Board of Adjustment or the
Planning Board, copies of which shall be supplied to the applicant
along with the application form.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and the Zoning Board of Adjustment an index
of the natural resources of the Township, the Planning Board and the
Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either. Failure of the Planning Board or the Zoning Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
