No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or 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 or for lack of a quorum.
B. 
Special meetings may be provided for at the call of the Chair 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.
D. 
All actions shall be taken by majority vote of the members present at the meeting except as otherwise required by any provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
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, Chapter 231, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F. 
A member of a Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her the transcript or recording of all the hearings from which he or she was absent and certifies in writing to the Board that he or she has read such transcript or listened to such recording.
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 administrative officer. 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 reasonable fee for reproduction of the minutes for his or her use as provided for in the rules of the Board.
[Amended 7-12-2005 by Ord. No. 05-34; 7-25-2006 by Ord. No. 06-42; 2-15-2011 by Ord. No. O-11-002]
A. 
Escrow deposits. Municipal agencies shall require escrow deposits by an applicant in accordance with the provisions of this section. The escrow deposits shall be in addition to the application fees required in § 202-28. Such funds shall be used by the municipal agencies to pay professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
B. 
Scope of reimbursed services. The Township shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents, such as, but not limited to, drafting resolutions, developer's agreements and necessary correspondence with the applicant or the applicant's professionals. Prior to and as a condition of an application being considered complete, an applicant shall submit to the Township of Montclair, to be held in escrow, the amount indicated below. Where more than one fee category applies, the fee shall equal the total of the fees required for each type of application requested.
(1) 
Subdivisions.
(a) 
Concept plans: $250.
(b) 
Minor subdivision: $1,500.
(c) 
Preliminary plat of a major subdivision: $2,000, plus $200 per lot.
(d) 
Final plat of a major subdivision: 1/2 of preliminary fee.
(e) 
Amendment to approved plats: 1/2 of escrow fee.
(f) 
Lot line adjustments: $500.
(2) 
Site plans.
(a) 
Concept plans: $250.
(b) 
Minor site plan: $1,000.
[Amended 6-18-2013 by Ord. No. O-13-23; 7-13-2021 by Ord. No. O-21-14]
(c) 
Preliminary site plan: $2,000, plus $200 per dwelling unit (residential), or plus $100 per 1,000 square feet of building area or portion thereof (nonresidential).
(d) 
Final site plan: 50% of preliminary site plan escrow deposit.
(e) 
If an applicant submits a preliminary and final site plan to be processed simultaneously, the applicant must file the appropriate fees as set forth in Subsection B2(c) and (d) of this section.
(f) 
Amendments to approved site plans: 1/4 of escrow fee.
(3) 
Conditional use permit: $500.
(4) 
Variances and appeals.
(a) 
Applications pursuant to N.J.S.A. 40:55D-70(a), (b) and (c) for multifamily and nonresidential development: $500 for the first variance and $250 for each additional variance.
[Amended 4-25-2023 by Ord. No. O-23-09]
(b) 
Applications pursuant to N.J.S.A. 40:55D-70(a), (b) and (c) for one- and two-family homes: $500.
[Amended 7-13-2021 by Ord. No. O-21-14]
(c) 
Use variance application pursuant to N.J.S.A. 40:55D-70(d): $1,500.
(5) 
New or expanded parking lots (for multifamily and nonresidential development): $1,500.
(6) 
New or expanded residential parking areas with five or fewer parking spaces: $850.
[Amended 7-13-2021 by Ord. No. O-21-14]
(7) 
Applications requiring Board Engineer review: $750.
[Amended 4-25-2023 by Ord. No. O-23-09]
(8) 
Applications for wireless telecommunications antenna and equipment: $1,500.
(9) 
Request for an interpretation of the Zoning Ordinance[1] or other special questions: $1,000.
[1]
Editor's Note: See Ch. 347.
(10) 
Appeal from an administrative decision: $1,500.
(11) 
Historic Preservation Commission certificate of appropriateness:
(a) 
Conceptual: $150.
(b) 
Facade improvement: $500.
(c) 
Signage, awnings and awning recoverings: $150.
(d) 
Site plan: $800.
(e) 
Wireless telecommunications and equipment: $300.
(12) 
Zone change: $1,500.
(13) 
Historic preservation advisory review: $250.
[Added 6-18-2013 by Ord. No. O-13-23]
(14) 
Demolition application review: $350.
[Added 11-16-2020 by Ord. No. O-20-22]
C. 
Deposit of escrow funds; refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and, upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
D. 
Payments.
(1) 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant and the municipal agency for whom said services were performed.
(2) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
E. 
Payments required prior to issuance of permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
F. 
Close-out procedures.
(1) 
The following close-out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
(2) 
The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
G. 
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
H. 
Limitation of inspection fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
I. 
Substitution of professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
J. 
Estimate of cost of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
K. 
Appeals.
(1) 
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications, for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals. During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
[Amended 6-13-2006 by Ord. No. 06-20; 2-15-2011 by Ord. No. O-11-002]
A. 
The following constitutes the Planning Board and Board of Adjustment fee schedule:
(1) 
Subdivisions.
(a) 
Concept plan: $150.
(b) 
Minor subdivision: $300.
(c) 
Major subdivision.
[1] 
Preliminary approval: $500.
[2] 
Final approval: $200.
(d) 
Amendments to approved plats: 50% of original application fee.
(e) 
Lot line adjustment: $300.
[Added 10-4-2011 by Ord. No. O-11-52]
(2) 
Site plans.
(a) 
Concept plan: $250.
(b) 
Minor site plan: $500.
(c) 
Preliminary major site plan approval: $500, plus $25 per housing unit for residential development; and $500, plus $10 per 1,000 square feet of building area for nonresidential development.
(d) 
Final major site plan approval: 50% of the fee required for preliminary site plan.
(e) 
Amendments to approved site plans: 50% of application fee.
(3) 
Conditional use permit: $300.
(4) 
Variances.
(a) 
Use variance for a residential use: $500.
(b) 
Use variance for a nonresidential use: $500.
(c) 
Other variances for a single-family residential use: $200.
(d) 
Other variances for all other uses: $200 per variance.
(5) 
Historic Preservation Commission certificate of appropriateness: $100.
(6) 
Appeal from administrative decision: $200.
(7) 
Request for interpretation of the Zoning Ordinance[1] or other special questions: $200.
[1]
Editor's Note: See Ch. 347.
(8) 
Direction for issuance of a permit pursuant to maintaining the Official Map (N.J.S.A. 40:55D-34 and 40:55D-36): $250.
(9) 
Certified list of property owners: $10.
[Amended 10-4-2011 by Ord. No. O-11-52]
(10) 
Reproduction of recorded hearing: $10 per compact disc.
(11) 
Reproduction of transcript: Same as cost to municipality, not to exceed statutory maximum.
(12) 
Reproduction records, plus postage.
(a) 
Per page, up to 10 pages: $0.50.
(b) 
Per page, 11 pages or more: $0.25.
(13) 
Special meeting: $800.
(14) 
Zoning permit: $50.
(15) 
Zone change: $1,000.
[Amended 9-29-2015 by Ord. No. O-15-025]
(16) 
Zoning Map: $20.
[Added 10-4-2011 by Ord. No. O-11-52; amended 9-29-2015 by Ord. No. O-15-025]
(17) 
Master Plan:
[Added 10-4-2011 by Ord. No. O-11-52; amended 9-29-2015 by Ord. No. O-15-025]
(a) 
Unified Land Use and Circulation Element: $100.
(b) 
Housing Element and Fair Share Plan: $10.
(c) 
Conservation Element: $10.
(d) 
Stormwater Management Element: $10.
(e) 
Historic Preservation Element: $10.
(18) 
Total demolition application: $200.
[Added 11-16-2020 by Ord. No. O-20-22]
B. 
When an application involves two or more fee categories, the fee shall equal the total of the fees required for each type of application requested.
[Added 6-13-2006 by Ord. No. 06-20]
An applicant shall pay inspection fees equal to the actual expenses incurred with respect to:
A. 
The inspection of on-site, on-tract, off-site and off-tract improvements constructed or installed by the applicant in accordance with the terms and conditions of subdivision and/or site plan approval or the grant of a variance;
B. 
The testing of materials or construction work performed by the applicant in the event that such testing is deemed necessary by the Township;
C. 
Analyses or tests to determine compliance by the applicant with any monitoring standards established by the terms and conditions of subdivision or site plan approval; and
D. 
The inspection of improvements constructed or installed by the applicant for purposes of determining compliance with any maintenance obligations of the applicant.
(1) 
The improvements constructed or installed to meet the requirements of subdivision or site plan approval, which are the subject of inspection, include the following: pavement subgrade, base course pavement, surface course pavement, sidewalks, storm drainage facilities, sanitary sewerage facilities, street signs, topsoil and erosion protection, grading, landscaping and monuments. An applicant shall give notice at least 24 hours in advance of the undertaking of any work which is the subject of inspection. Overtime inspection will not be provided unless special arrangements are made therefor prior to the overtime period. Inspection fees shall be calculated in accordance with the actual time required for inspection at rates established annually by the Board of Adjustment and/or the Planning Board.
(2) 
At the time of the granting of final subdivision or site plan approval, or prior to the commencement of any work on subdivision or site plan improvements, if such work is undertaken before final approval, the applicant shall pay to the Township an initial deposit for inspection fees. Such initial deposit shall be in accordance with N.J.S.A. 40:55D-53h and shall be equal to the greater of $500 or 5% of the estimated costs of improvements. The estimated costs of improvements shall be determined by the Board Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. For inspection fees less than $10,000 fees may be paid in two equal installments. For inspection fees over $10,000, fees may be paid in four equal installments. Whenever the balance falls below 10% of the deposit, the developer shall deposit the next installment.
(3) 
Inspections shall not relieve the applicant from the obligation to perform work strictly in accordance with the approved plans and specifications or the obligation to perform work in a workmanlike manner using first-class materials. Until such time as the Township Council shall approve the construction and installation of any improvement by a resolution adopted pursuant to the provisions of N.J.S.A. 40:55D-53e(1), any improvements not in compliance with the aforesaid plans, specifications or standards shall be replaced, reconstructed or repaired by the applicant notwithstanding any previous oversight or error in inspection.
[Amended 10-6-1998 by Ord. No. 98-40; 2-20-2007 by Ord. No. 07-07; 4-21-2011 by Ord. No. O-11-023]
Applications for development shall be filed with the Secretary of the Board at least 25 days before the monthly meeting of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board who shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. An application for development shall mean an application certified as complete by the Secretary of the Board pursuant to § 202-29.1 and § 202-29.2.
[Added 4-21-2011 by Ord. No. O-11-023]
An application for development shall include all of the following items:
A. 
Properly completed application forms (20 copies) which contain the following information:
(1) 
The proposal/business overview.
(2) 
Property information, including zone of property and block/lot.
(3) 
Applicant and owner information.
(4) 
Application fee and escrow fee (if required) paid to the Township of Montclair.
(5) 
Proof that taxes have been paid, certified by the Municipal Tax Collector (original).
(6) 
Applicant's verification signature and owner's authorization signature.
(7) 
Proposed signage with the application, including dimensions, proposed materials and a rendering of the sign.
B. 
Paper, and digital copies in PDF format, of plans, maps and construction details as required in the appropriate checklist. The requirement for digital copies is optional but strongly encouraged for applications involving one- and two-family homes.
[Amended 7-21-2015 by Ord. No. O-15-016]
C. 
Corporation or partnership form.
D. 
Affidavit of ownership/authorization form.
E. 
Copies of approvals of other government agencies as may be required or an affidavit indicating that application has been made to such agencies.
F. 
A listing of all variance requests, waiver requests and checklist waiver requests.
G. 
Original survey signed and sealed by a New Jersey-licensed surveyor (20 copies). An ALTA/ACSM survey is required for all major site plan and subdivision applications.
[Amended 9-24-2019 by Ord. No. O-19-029]
H. 
Photos of the building and property.
[Added 4-21-2011 by Ord. No. O-11-023]
The following items are required for submission of a complete application to the Planning Board or the Board of Adjustment. Some items may not apply to all applications. The applicant may request that certain items be waived by the Board.
A. 
Concept plans.
(1) 
Name and address of the applicant and the owner.
(2) 
Name, address and title of the person preparing the plan, maps and accompanying data.
(3) 
Date of preparation and the dates of each revision, where applicable.
(4) 
Signature and certification, as appropriate, by a registered engineer, land surveyor and/or architect, with property survey data to be based on current conditions as they exist.
(5) 
Lot and block number or numbers of the lot or lots from the Township Tax Maps.
(6) 
Length and bearings of the lot lines of the proposed project.
(7) 
Map scale and north arrow.
(8) 
Zone district in which the lot or lots are located and the zone district or districts of all the immediately adjoining lots.
(9) 
All existing structures and wooded areas within the site and within 200 feet thereof.
(10) 
Existing contours at sufficient intervals to determine the general slope and natural drainage of the land.
(11) 
The original and proposed lot layout, lot dimensions and total area of each lot, if applicable.
(12) 
A site illustration, indicating with sufficient accuracy all boundaries of the site with natural features of the land and showing all developed, undeveloped and to-be-developed portions.
B. 
Variance applications
(1) 
Name and address of the applicant and the owner.
(2) 
Name, address and title of the person preparing the plan, maps and accompanying data.
(3) 
Date of preparation and the dates of each revision, where applicable.
(4) 
Signature and certification, as appropriate, by a registered engineer, land surveyor and/or architect, with property survey data to be based on current conditions as they exist.
(5) 
Lot and block number or numbers of the lot or lots from the Township Tax Maps.
(6) 
Area of lot or lots and the length and bearings of the lot lines of the proposed project.
(7) 
Scale and north sign and key map relating the site to the streets in the surrounding area.
(8) 
Zone district in which the lot or lots are located and the zone district or districts of all the immediately adjoining lots.
(9) 
Existing and proposed principal building or structure and all accessory buildings or structures, if any, with dimensions showing present and finished grade elevations at all corners and entrances of said building or structures, first-floor elevations and the complete floor plans and elevation plans thereof.
(10) 
Other information necessary to show the nature and extent of the variance requested.
C. 
Minor site plan.
(1) 
Name and address of the applicant and the owner
(2) 
Name, address and title of the person preparing the plan, maps and accompanying data.
(3) 
Date of preparation and the dates of each revision, where applicable.
(4) 
Signature and certification, as appropriate, by a registered engineer, land surveyor and/or architect, with property survey data to be based on current conditions as they exist.
(5) 
An appropriate place for the signatures of the Chair and Secretary of the Planning Board or Zoning Board of Adjustment and the Township Engineer.
(6) 
Lot and block number or numbers of the lot or lots from the Township Tax Maps.
(7) 
Area of lot or lots and the length and bearings of the lot lines of the proposed project.
(8) 
Scale and north sign and key map relating the site to the streets in the surrounding area.
(9) 
Zone district in which the lot or lots are located and the zone district or districts of all the immediately adjoining lots.
(10) 
Existing and proposed principal building or structure and all accessory buildings or structures, if any, with dimensions showing present and finished grade elevations at all corners and entrances of said building or structures, first-floor elevations and the complete floor plans and elevation plans thereof.
D. 
Major site plan and subdivision applications.
(1) 
Name and address of the applicant and the owner.
(2) 
Name, address and title of the person preparing the plan, maps and accompanying data.
(3) 
Date of preparation and the dates of each revision, where applicable.
(4) 
Signature and certification, as appropriate, by a registered engineer, land surveyor and/or architect, with property survey data to be based on current conditions as they exist.
(5) 
An appropriate place for the signatures of the Chair and Secretary of the Planning Board or Zoning Board of Adjustment and the Township Engineer.
(6) 
The lot and block number or numbers of the lot or lots from the Township Tax Maps.
(7) 
Length and bearings of the lot lines of the proposed project.
(8) 
Scale and north sign and key map relating the site to the streets in the surrounding area.
(9) 
Zone district in which the lot or lots are located and the zone district or districts of all the immediately adjoining lots.
(10) 
Location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question.
(11) 
Location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.
(12) 
Location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question.
(13) 
Property lines of all abutting properties, together with the names and addresses of the owners as disclosed on the Township Tax Maps and tax rolls as of the date of the site plan application, and the location of the existing structures within 100 feet of the property line for properties abutting the site in question.
(14) 
Existing and proposed principal building or structure and all accessory buildings or structures, if any, with dimensions showing present and finished grade elevations at all corners and entrances of said building or structures, first-floor elevations and the complete floor plans and elevation plans thereof.
(15) 
Present and proposed topography, based on New Jersey Geodetic Control Survey datum, at two-foot contour intervals, including 100 feet outside the site to show the relationship to adjoining properties.
(16) 
Existing and proposed setback dimensions, landscaped areas and trees over six inches caliper.
(17) 
Location, type and size of existing and proposed curbs, sidewalks, driveways, street pavement widenings, fences, retaining walls, parking space areas and the layouts thereof and all off-street loading areas, together with the dimensions of all the foregoing, for the site and the nearest portions of properties abutting the site; number of employees, total and maximum, on one shift.
(18) 
Location, type and size of existing and proposed catch basins and storm drainage facilities, both frame and invert elevations and all utilities, both above- and below ground.
(19) 
All existing and proposed signs and their size, nature of construction and location, and all existing and proposed exterior lighting, including size, nature of construction, location, height, the area and direction of illumination and the lumen power.
(20) 
Soil erosion and sediment control plan for sites where over 5,000 square feet of ground area is being disturbed.
(21) 
Cost estimates and proposed construction and maintenance bonds and construction time schedules related to building construction for any required improvements not proposed to be completed before the issuance of a certificate of occupancy.
(22) 
Plans for any off-tract improvements, including cost estimates and calculations of the share to be borne by the developer.
(23) 
Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.
(24) 
Landscape plans, showing name, quantity, location, size as to caliper and height of existing and proposed trees, shrubs and all plant materials, prepared by an architect, engineer, professional planner or a licensed landscape architect.
(25) 
Satisfaction of Chapter 294, Steep Slopes, where applicable.
(26) 
A map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure along with drainage tabulation sheets showing calculations for each drainage area.
(27) 
A stormwater management plan, if required.
(28) 
Streetscape elevations of proposed buildings and buildings immediately adjacent to proposed buildings.
(29) 
Exterior garbage and recycling storage areas for multifamily and commercial developments.
(30) 
The most recent version of the "Leadership in Energy & Environmental Design Rating System" or equivalent system is a submission requirement and shall evaluate the extent to which the following measures are incorporated in the project or, alternatively, indicate the reason(s) why the measure is not being provided:
[Added 9-24-2019 by Ord. No. O-19-029[1]]
(a) 
The name of any LEED-accredited or similar professionals working on the project.
(b) 
A list of appliances, fixtures, and construction techniques that meet the U.S. Environmental Protection Agency's ENERGY STAR® and WaterSense standards.
(c) 
A list of green and recycled building materials to be used in construction, renovation, and maintenance.
(d) 
A waste management plan for construction and demolition waste.
(e) 
Use of any water-efficient landscaping.
(f) 
Use of any on-site renewable energy systems, such as solar, wind or geothermal.
(g) 
Details of roofing materials designed to reduce the urban heat island effect.
(h) 
Details of any sustainable stormwater systems employed, such as bioswales/rain gardens, permeable surfaces, grey water systems, retention and detention facilities or continuous trenching.
(i) 
A list of native and well-adapted species used in landscaping to minimize the need for fertilization and pesticides.
(j) 
The location, number and type of any electric charging stations.
[1]
Editor's Note: This ordinance also repealed former Subsection D(30), added 2-21-2017 by Ord. No. O-17-002, which required colored renderings for major site plan applications.
(31) 
A master signage plan as required in § 347-111D.
[Added 9-24-2019 by Ord. No. O-19-029[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection D(31), added 2-21-2017 by Ord. No. O-17-002, which required digital three-dimensional models for major site plan applications.
(32) 
The location and type of any affordable housing unit as required in § 347-156.
[Added 9-24-2019 by Ord. No. O-19-029]
(33) 
The location and details of all mechanical equipment, including any required screening, as required in § 347-24.
[Added 9-24-2019 by Ord. No. O-19-029]
(34) 
A pedestrian mobility plan.
[Added 9-24-2019 by Ord. No. O-19-029]
(35) 
A snow removal plan.
[Added 9-24-2019 by Ord. No. O-19-029]
(36) 
A description of how the project addresses universal design and adaptability principles.
[Added 9-24-2019 by Ord. No. O-19-029]
E. 
Applications involving total demolition or partial demolition of historic structures. Any application subject to Subsections A, B, C, or D. above that requires, contemplates or otherwise involves the total demolition of an historic structure as defined in § 347-142.1B shall include the items listed in § 347-142.1E(2).
[Added 11-18-2019 by Ord. No. O-19-021]
A. 
Rules. The Planning Board and Zoning Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (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. Applicants are encouraged to utilize digital technology, such as PowerPoint, when presenting evidence to the Board. A video screen, laptop and projector will be made available to all applicants at meetings. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
[Amended 2-21-2017 by Ord. No. O-17-002]
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 an interested party at his or her expense. All transcripts shall be certified in writing by the transcriber to be accurate.
A. 
Notice of hearing shall be given for the following applications for development:
(1) 
Any request for a variance from the requirements of Chapter 347, Zoning.
(2) 
Any request for conditional use approval.
(3) 
Any request for minor site plan approval or preliminary approval of a major site plan.
(4) 
Any request for preliminary approval of a major subdivision.
(5) 
Any request for the issuance of a permit to build within the bed of a mapped street, public drainageway, flood control basin or public area reserved on the Official Map, or in a lot not abutting a street.
(6) 
Any request for minor subdivision approval.
[Added 9-25-2001 by Ord. No. 01-43]
B. 
Whenever notice is required for a hearing on an application for development, the applicant shall give notice thereof as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) 
Notice shall be given to the owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the property which is the subject of such hearing and all adjoining property which is under common ownership and whether located within or without this municipality. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a limited liability company may be made by service upon any member thereof. 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. The requirement of service shall be satisfied by notice to the condominium association, in the case of any unit owner whose unit is above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
C. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the Essex County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to 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. Notice pursuant to Subsections C, D, E and F of this section shall not be deemed to be required unless public notice pursuant to N.J.S.A. 40:55D-12a and b is required.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
J. 
Site plan review. The Planning Board may waive notice and public hearing as to any application for conventional site plan review involving premises having less than 10,000 square feet of building floor area.
[Amended 2-15-2011 by Ord. No. O-11-002]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Planner or the Assistant Township Planner shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as required in § 202-28, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 202-31B.
A. 
The Planning Board and the Zoning Board of Adjustment shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the Act[1] for action by the Board on the application for development; and
[1]
Editor's Note: The "Act" refers to N.J.S.A. 40:55D-1 et seq.
(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 this section (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 publications required by §§ 202-33B and 202-34. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
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 or her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Planning Board or the Board of Adjustment, which shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
C. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board or Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be.
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 to the 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 said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Added 4-21-2011 by Ord. No. O-11-023]
A. 
Applications that have not been deemed complete within six months of the submission date will be dismissed without prejudice.
B. 
Applications that have been deemed complete shall be scheduled for a hearing before the appropriate board within the time of action stated in the Municipal Land Use Law. If an applicant fails to appear when scheduled before a board and the time for action pursuant to the Municipal Land Use Law will expire before the next regularly scheduled Planning Board or Board of Adjustment meeting, the application will be dismissed without prejudice.
C. 
Extensions on the time for action may be granted for no more than one year from the required time for action, after which the application will be dismissed without prejudice.