A.
Planning Board as approving authority. In accordance
with Chapter 291 of the Laws of 1975,[1] the Planning Board shall act as approving authority for
subdivision plats as a condition for filing such plats with the county
recording officer, either individually or as a part of a simultaneous
application, and for site plan approval as follows:
(1)
For minor subdivisions.
(2)
For preliminary and final major subdivisions and site
plans.
(3)
For subdivisions and site plans which also require
conditional use approval.
(4)
For minor and major subdivisions which require site
plan approval.
(5)
For subdivisions and site plans which also require
planned development approval.
(6)
For subdivisions and site plans in which a variance
is requested, in accordance with N.J.S.A. 40:55D-60, from lot area,
lot dimension, setback and yard requirements, provided that relief
from lot area requirements shall not be granted for more than one
lot.
(7)
Concept review. At the request of the developer, the
Planning Board shall grant an informal review of a concept plan for
a development for which the developer intends to prepare and submit
an application for development. The developer shall not be required
to submit any fees for such an informal review. The developer shall
not be bound by any concept plan for which review is requested, and
the Planning Board shall not be bound by any such review.
[Added 11-10-1980 by Ord. No. 80-10]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Board of Adjustment as approving authority. In accordance
with Chapter 291 of the Laws of 1975,[2] the Board of Adjustment shall act as approving authority
for subdivision plats as a condition for filing such plats with the
county recording officer and for site plan approval as follows: where
a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which
a subdivision and/or a site plan is a part of the application.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Exception in application of regulations. Except for
public hearings, the approving authority, when acting upon applications
for minor preliminary and final subdivision approval and preliminary
and final site plan approval, shall have the power to grant such exceptions
from the requirements of this chapter as may be reasonable and within
the general purpose and intent of the provisions of this chapter,
if the literal enforcement of one or more provisions of the chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
E.
Simultaneous review and approval. Except as provided in Subsection C of this section, the approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision and site plan approval without the applicant being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include references to the request for such conditional use or use variance.
[Added 4-28-1981 by Ord. No. 81-2]
A.
A corporation or partnership applying to a Planning
Board or a Board of Adjustment or to the governing body of a municipality
for permission to subdivide a parcel of land into six or more lots
or applying for a variance to construct a multiple dwelling of 25
or more family units or for approval of a site to be used for commercial
purposes shall list the names and addresses of all stockholders or
individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this section have been listed.
A.
The following fees, to be revised annually by the
Planning Board and recommended to the Mayor and Council, shall accompany
the appropriate application.[1] Fees for application 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
this section or any other section may be provided for and adopted
as part of the rules of the Boards, and copies of said rules or of
the separate fee schedule shall be available to the public. The following
fees shall be paid in cash or certified or bank check payable to the
Borough of Park Ridge as follows:
[Amended 11-10-1980 by Ord. No. 80-10; 7-11-1989 by Ord. No.
89-22]
(1)
Filing fee for classification of sketch plat: $25.
(2)
Filing fee for minor subdivision: $50 plus $25 for
each new lot.
(3)
Filing fee for preliminary major subdivision: $125
plus $25 for each lot.
(5)
Filing fee for preliminary site plan:
(a)
For change of tenancy or change of use without
any new construction to buildings or parking areas: $50.
(b)
For approval of multifamily buildings: $10 per
dwelling unit, provided that the minimum fee shall be $100 and the
maximum fee shall be $500.
(c)
All other site plan approvals, exclusive of
subdivision fee costs: $25 per 1,000 square feet of gross floor area
for new construction or for the total building where the existing
building has an addition thereto, provided that the minimum fee is
$100 and maximum fee shall be $500.
(6)
Filing fee for final site plan:
(a)
For change of tenancy or change of use without
any new construction to buildings or parking areas: $50.
(b)
For approval of multifamily buildings: $10 per
dwelling unit, provided that the minimum fee shall be $100 and the
maximum fee shall be $500.
(c)
All other site plan approvals, exclusive of
subdivision fee costs: $25 per 1,000 square feet of gross floor area
for new construction or for the total building where the existing
building has an addition thereto, provided that the minimum fee is
$100 and the maximum fee shall be $500.
(7)
Filing fee for simultaneously filing of preliminary
and final site plans:
(a)
For change of tenancy or change of use without
any new construction to buildings or parking areas: $100.
(b)
For approval of multifamily buildings: $20 per
dwelling unit with the minimum of $200 and a maximum of $1,000.
(c)
All other site plan approvals exclusive of subdivision
fee costs: $50 per 1,000 square feet of gross floor area for new construction
or for the total building where the existing building has an addition
thereto, provided that the minimum fee is $200 and the maximum fee
is $1,000.
(d)
Minor site plan approval, exclusive of subdivision
costs: $25 per 1,000 square feet of gross floor area for new construction
or for the total building where the existing building has an addition
thereto, provided that the minimum fee is $100 and a maximum fee of
$500.
(8)
Filing fee for special permit for conditional uses:
$200 for each application.
C.
Fees for specific services:
(1)
Reproduction costs. The fees for reproducing minutes
of meetings, reproducing transcripts to interested parties and copies
of the decision of the approving authority shall be the per-page charge
as established by the governing body for copying of any records. If
a fee is not established, then the statutory fee shall be charged.
(2)
Certified list of persons requiring notice: $10.
(4)
Publication notice. In addition to any application
or appeal fees, the applicant shall reimburse the Borough for any
publication costs associated with the application.
D.
Escrow fees.
(1)
Review of plans and reports.
(a)
In addition to the required application fees established herein, the applicant may be required to establish one or more cash escrow accounts with Park Ridge to cover the reasonable costs of professional review and consultation. Said escrow fees may be required for major and minor subdivision review, site plan review, floor area density bonus request as delineated in § 101-19 of the Borough Code, planned development review and conditional use request or any variance request before the approving authority.
[Amended 11-29-2011 by Ord. No. 2011-035]
(b)
Upon receipt of a development application, the
applicant shall be required to deposit, in addition to any application
fees, a sum of money which shall be held separate in escrow by the
Treasurer of the Borough of Park Ridge and utilized for reimbursement
of the fees charged by the technical experts for reviewing said plans.
Any fees charged against that account shall first be approved by the
approving authority. Upon an application for a minor subdivision,
the amount to be deposited shall be $500. For an application for a
major subdivision, the amount to be deposited shall be $3,000. For
an application involving a site plan, the amount to be deposited shall
be $3,000. For an application for a floor-area-ratio bonus, the amount
to be deposited shall be $500 in addition to any other costs noted
above.
[Amended 4-28-1981 by Ord. No. 81-2; 7-11-1989 by Ord. No.
89-22; 11-29-2011 by Ord. No. 2011-035]
(c)
If during the course of review it is apparent
to the approving authority that said sum will not be sufficient, then
the applicant, upon being notified by the administrative officer,
shall within five days deposit to said escrow account the additional
funds. Failure to do so shall be deemed to make the application incomplete.
(d)
The Borough Engineer, planning consultant, approving
authority attorney and any other professionals engaged shall submit
vouchers for all necessary fees for examination and review, which
fees shall be paid in an ordinary manner.
(e)
Any of the aforesaid moneys left in the escrow
account upon completion of the project or phase of the application
procedure as determined to the satisfaction of the approving authority,
as the case may be, shall be returned to the applicant as soon as
it is possible.
(f)
Upon receipt of sufficient funds for the escrow
account, the administrative officer shall notify the Borough Engineer,
planning consultant, approving authority attorney and any other professionals
engaged, that all appropriate examinations and reviews shall be undertaken.
(g)
The approving authority shall take no formal
action unless all application fees and escrow funds have been paid
to the Treasurer of the Borough of Park Ridge.
(2)
Escrow fees for professional services.
(a)
The applicant may be required to establish one or more cash escrow accounts with Park Ridge to cover the reasonable costs of engineering inspections and legal fees in the preparation of builders' agreements and other legal documentation. Where the above are required by the approving authority, the applicant shall be required to follow the procedure outlined in Subsection D(1) of this section.
(b)
Engineering inspection may include the improvements
relating to street grading, pavements, gutters, curbs, sidewalks,
surveyors' monuments, culverts, storm sewers, drainage structures,
sanitary sewers and appurtenances and other means of sewage disposal,
grading of property and other similar improvements as provided in
this chapter and as may be required by the approving authority and
governing body.
(c)
The approving authority shall not take any action
on the subject application until said cash escrow funds are established
with the Borough.
E.
Fee for
Tax Map amendment resulting from subdivision or lot consolidation.
Upon the approval of any minor or major subdivision or lot consolidation,
the applicant shall pay to the Borough of Park Ridge a fee of $100
per lot for the purpose of updating and amending the Borough Tax Map
to reflect any necessary changes occasioned by such subdivision or
lot consolidation.
[Added 4-27-2010 by Ord. No. 2010-11]
F.
Escrow charges
on development applications.
[Added 1-1-1996 by Ord. No. 95-19[3]]
(1)
Responsibility
for payment of professional services. An applicant shall be responsible
to reimburse the municipality or a municipal agency for all expenses
and fees incurred by the municipality or municipal agency for the
services of professional personnel required or necessary to process
an application for development, including but not limited to the following
services:
(a)
Charges for reviews by professional personnel
of applications and accompanying documents.
(b)
Issuance of reports by professional personnel
to the municipal agency setting forth recommendations resulting from
the review of any documents submitted by applicant.
(c)
Charges for any telephone conference or meeting
requested or initiated by the applicant, his attorney or any of his
experts.
(d)
Review of additional documents submitted by
the applicant and issuances of reports relating thereto.
(e)
Review or preparation of easements, developers'
agreements, deeds, resolutions or the like.
(f)
Preparation for and attendance at special meetings.
(g)
Site inspection and inspections of improvements
relative to proposed development plans.
(2)
Deposit
required; approval of bills; excessive or inadequate deposit. No plats
or site plans shall be signed or approved, nor shall any zoning permits,
building permits, certificates of occupancy, resolutions of approval
or other types of permits be issued with respect to any development
until an applicant has deposited with the Chief Financial Officer
an amount which the applicant and the municipality or municipal agency
agree is sufficient to satisfy the estimated expenses and fees incurred
by the municipality or the municipal agency to pay professional personnel
for professional services. No bill for professional services shall
be paid from said deposit unless approved by the municipality or municipal
agency. If the amount deposited by an applicant exceeds the actual
cost of professional services, as approved by the municipality or
municipal agency, the applicant shall be entitled to a return of the
excess, together with such interest as allowed pursuant to N.J.S.A.
40:55D-53.1. If the actual cost of professional services exceeds the
amount deposited, the applicant shall immediately pay such additional
amount as is required to pay all actual costs of professional services.
(3)
Professional
personnel; professional services. The term "professional personnel"
or "professional services" as used herein shall include the services
of a duly licensed engineer, surveyor, planner, attorney, realtor,
appraiser, architect, landscape architect, noise engineer and traffic
engineer or other expert who would provide professional services to
ensure that an application meets performance standards set forth in
the ordinance and other experts whose testimony is in an area in which
the applicant has presented expert testimony.
(4)
Obligation
to maintain adequate escrows; payment prior to approval.
(a)
Any application for development as defined by
this section or any other ordinance of the Borough of Park Ridge or
any law of the State of New Jersey shall be deemed incomplete if adequate
escrows are not placed on deposit with the municipality in accordance
with the provisions of this section. The escrows as required by this
section shall be replenished by the applicant upon reasonable notice
of the municipality for any additional escrows, and the applicant's
obligation to maintain adequate escrows shall continue throughout
the course of an application for a development.
(b)
No plat 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 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 approved by the governing body unless the applicant shall
have deposited with the Chief Financial Officer an amount agreed upon
by the applicant and the municipal agency that is likely to be sufficient
to cover all reimbursable items; and upon posting said deposit with
the Chief Financial Officer, the appropriate maps or permits may be
signed and released or issued to the developer. If the amount of the
deposit exceeds the actual cost as approved for payment by the governing
body, the developer shall be entitled to a return of the excess deposit,
together with such interest as allowed by N.J.S.A. 40:55D-53.1; but
if the charges submitted and approved by the governing body exceed
the amount of the deposit, the developer shall be liable for payment
to such deficiency.
(5)
Charges by professionals; payment to professionals. No professional personnel submitting charges to the municipality or municipal agency for any of the services referred to in Subsection F(1) of this section shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner than would normally be charged the municipality or municipal agency for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of this section. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality or municipal agency is entitled to reimbursement under this section shall in no way be contingent upon receipt of reimbursement from an applicant, nor shall any payment to a professional be delayed pending reimbursement from a developer.
(6)
Depository; refund of interest; administrative expenses. Deposits received pursuant to Subsection F(2) of this section shall be deposited in a banking institution or savings and loan association in the 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 account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposit. All deposits received pursuant to this section shall be held and administered in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and, in particular, N.J.S.A. 40:55D-53.2, including all rights of appeal and the appeal procedure that is provided within that statute. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. 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, that 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 to the purpose 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 the entire amount, which shall be in lieu of all other administrative and custodial expenses.
A.
When required. A public hearing shall be required
for all applications except minor subdivision approval and final subdivision
approval and site plan review.
B.
Availability of maps and documents prior to hearing.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection, at least 10 days before
the date of the hearing, during normal business hours in the office
of the administrative officer.
C.
Notice of public hearings.
(1)
The applicant shall give notice of a public hearing
to the owners of all property as shown on the current tax records,
located within 200 feet in all directions of the property in question.
(2)
Said notice 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 subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Borough Tax Collector's office, a duplicate copy of which shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to Subsection B of this section.
(3)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(5)
Proof of service upon property owners and proof of
publication in affidavit form shall be submitted to the administrative
officer no less than 48 hours prior to the commencement of the public
hearing.
D.
Certification of list of persons entitled to notice.
Upon the written request of an applicant, the Tax Collector of Park
Ridge shall, within seven days, make and certify a list from said
current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding.
E.
Other notification. The applicant shall provide that
notice for a hearing on an application for the development of property
be given by personal service or certified mail, return receipt requested,
to:[2]
(1)
The clerk of a municipality involving property within
200 feet of said municipality.
(2)
The County Planning Board where the property is adjacent
to an existing county road or proposed road shown on the Official
County Map or on the County Master Plan, affects a county drainage
facility or adjoins other county land or is situated within 200 feet
of a municipal boundary.
(3)
The Commissioner of Transportation where the property
is adjacent to a state highway.
(4)
The Director of State and Regional Planning in the
Department of Community Affairs for an application exceeding 150 acres
or 500 dwelling units. Such notice shall include a copy of any maps
or documents required to be filed with the administrative officer
of Park Ridge.
F.
Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon
mailing.
G.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographer or mechanical or electronic means for public hearings.
The authority shall furnish its transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
H.
Written findings and conclusions. Each decision of
the approving authority shall be in writing and shall include findings
of facts and conclusions based thereon.
I.
Copies and notification of decision.
(1)
A copy of the decision shall be mailed by the approving
authority, return receipt requested, within 10 days of the date of
decision, to the applicant, or, if represented, his attorney, without
separate charge, and to all who request a copy of the decision for
a fee as specified herein. A copy of the decision shall also be filed
by the approving authority in the office of the administrative officer.
The administrative officer shall make a copy of such filed decision
available to any interested party for a fee as specified herein and
available for public inspection at his office during reasonable hours.[3]
(2)
A brief notice shall be published in the official
newspaper of the community. Such publication shall be arranged by
the approving authority. The period of time in which an appeal of
the decision may be made shall run from the publication of the decision.
A.
The rules, regulations and standards contained herein
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 above-mentioned matters and to the welfare of
the entire community. However, if the applicant can clearly demonstrate
that, because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impracticable or
will exact undue hardship, the approving authority may permit such
waivers as may be reasonable and within the general purpose and intent
of the rules, regulations and standards established by this chapter.
B.
The waiver provisions of this section shall be applicable
to the entire chapter herein, except where specifically prohibited
by law.
D.
In considering such waiver requests, the approving
authority shall apply the standards set forth in this subsection.
[Added 9-14-1993 by Ord. No. 93-14]
E.
In the event that the approving authority grants such
a waiver, such relief shall only be permitted on the condition that
the applicant shall make a contribution to the Borough's In Lieu of
Sidewalk Improvement Fund. The amount of such contribution shall equal
the cost the applicant otherwise would have incurred to install sidewalks
pursuant to the appropriate municipal standards, as such cost is determined
by the Borough Engineer.
[Added 9-14-1993 by Ord. No. 93-14]
