[Amended 4-8-1985 by Ord. No. 7-85; 8-12-1985 by Ord. No. 36-85; 6-8-1987 by Ord. No. 19-87; 8-10-1987 by Ord. No. 28-87; 3-14-1988 by Ord. No.
2-88; 9-11-1989 by Ord. No. 36-89; 2-8-1993 by Ord. No. 3-93; 4-12-1993 by Ord. No. 6-93; 5-10-1993 by Ord. No. 12-93; 10-14-1993 by Ord. No. 35-98]
A.
Establishment of Planning Board.
(1)
The Madison Planning Board, created pursuant to N.J.S.A. 40:55D-23
et seq., shall consist of nine members of the following four classes:
(a)
Class I: the Mayor.
(b)
Class II: One of the officials of the municipality, other than
a member of the governing body, to be appointed by the Mayor, provided
that, if there is a Madison Borough Environmental Commission (herein
referred to as the "Environmental Commission"), the member of the
Environmental Commission who is also a member of the Planning Board,
as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class
II Planning Board member for the purposes of this chapter in the event
that there is among the Class IV or alternate members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education.
(c)
Class III: a member of the Borough Council to be appointed by
the Borough Council.
(d)
Class IV members: six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Board
of Adjustment. One Class IV member may be a member of the Board of
Education. If there is an Environmental Commission, the member of
the Environmental Commission who is also a member of the Planning
Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning
Board member unless there are among Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member common to the
Planning Board and the Environmental Commission shall be deemed a
Class II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered the holding of municipal office.
(2)
Terms. The term of the member composing Class I shall correspond
to his or her official tenure as Mayor. The terms of the members composing
Class II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his or her term of office as a member of the
Environmental Commission, whichever comes first. The term of a Class
IV member who is also a member of the Board of Adjustment or Board
of Education shall terminate whenever he is no longer a member of
such other body or at the completion of his or her Class IV term,
whichever occurs first. The term of all other Class IV members shall
be four years. If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment,
as above provided, for the unexpired term.
(3)
Substitute members when conflict exists. If the Planning Board lacks
a quorum because any of its members are prohibited by N.J.S.A. 40:55D-23
or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's
personal or financial interest, 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. If a choice has to be
made between regular members of equal seniority, the Chairperson of
the Board of Adjustment shall make the choice.
(4)
The Planning Board shall organize annually by selecting from among
its Class IV members a Chairperson and a Vice Chairperson. The Board
shall also select a Secretary, who may or may not be a member of the
Board or a municipal employee, and create and fill such other offices
as established by ordinance.
(5)
The governing body shall make provisions in its budget and appropriate
funds for the expenses of the Planning Board.
(6)
The Planning Board may annually appoint an attorney at law of New
Jersey other than the Municipal Attorney as Planning Board Attorney
and may fix his or her compensation or rate of compensation not exceeding
the amount appropriated.
(7)
The Planning Board may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board, however, shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
(8)
No member of the Planning Board shall be permitted to act on any
matter in which there is any personal or financial interest, either
directly or indirectly. Any member other than a Class I member, after
a public hearing, if requested, may be removed by the governing body
for cause.
B.
Powers and jurisdiction of Planning Board.
(1)
The Planning Board shall follow the provisions of N.J.S.A. 40:55D-25
and shall accordingly exercise its powers in regard to:
(a)
The Master Plan pursuant to N.J.S.A. 40:55D-28.
(b)
Subdivision control and site plan review pursuant to N.J.S.A.
40:55D-37 et seq.
(c)
The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.
(d)
The Zoning Ordinance, including conditional uses, pursuant to
N.J.S.A. 40:55D-67.
(e)
The capital improvements program pursuant to N.J.S.A. 40:55D-29
et seq.
(f)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60
et seq.
(2)
The Planning Board may:
(a)
Participate in the preparation and review of programs or plans
required by State or Federal law or regulation.
(b)
Assemble data on a continuing basis as part of a continuous
planning process.
(c)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of the Borough Council.
C.
Ancillary powers of the Planning Board.
(1)
Planning Board review in lieu of Board of Adjustment.
(a)
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, the Planning Board shall have the power to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
[1]
Variances pursuant to N.J.S.A. 40:55D-70c;
[2]
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32; and
[3]
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
(b)
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for variances or direction for issuance of a permit,
as the case may be.
(c)
The applicant may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variances
or direction of the issuance of a permit shall be conditioned upon
the grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and Zoning Ordinance.
(2)
Time periods.
(a)
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by an applicant
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. In the
event that the applicant elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance(s) or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in the Municipal Land Use Law.[1] Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant. It shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the county recording
officer for purposes of filing subdivision plats.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)
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 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.
D.
Referral powers of the Planning Board.
(1)
Prior to the adoption of a development regulation, revision or amendment
thereto, the Planning Board shall make and transmit to the Borough
Council, within 35 days after referral, a report, including identification
of any provisions in the proposed development regulation, revision
or amendment which are inconsistent with the Master Plan and recommendations
concerning these inconsistencies, and any other matters as the Board
deems appropriate. The Borough Council, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the Borough Council from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment referred
to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any Official Map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any Zoning Ordinance or any amendment or revision thereto.
(2)
The Borough Council may, by ordinance, provide for the reference
of any matter or class of matters to the Planning Board before final
action thereon by a Borough body or Borough officer having final authority
thereon except for any matter under the jurisdiction of the Board
of Adjustment. Whenever the Planning Board shall have made a recommendation
regarding a matter authorized by this Act to another municipal body,
such recommendation may be rejected only by a majority of the full
authorized membership of such body.
A.
Establishment of Zoning Board of Adjustment.
(1)
The Madison Zoning Board of Adjustment (herein referred to as the
"Board of Adjustment"), created pursuant to N.J.S.A. 40:55D-69 et
seq., shall consist of seven regular members and two alternate members,
each of whom shall the residents of Madison and shall be appointed
by the Mayor with the advice and consent of the Borough Council. In
the event that the Mayor fails to make a nomination at least 15 days
prior to the date of the second regular public meeting of the Council
after a position becomes vacant or the Borough Council fails to confirm
a nomination, then the appointment shall be made by the Borough Council
by the vote of a majority of the members present at the meeting, provided
that at least three affirmative votes shall be required, with the
Mayor to have no vote thereon except in the case of a tie. All persons
so appointed shall serve for terms of four years from January 1 of
the year of their appointment.
(2)
Alternate members shall be appointed for terms of two years and at
the time of their appointments shall be designated Alternate No. 1
and Alternate No. 2, respectively. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote instead of alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
(3)
No member of the Board of Adjustment shall hold any elective office
or position under the municipality. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered the holding of municipal office.
(4)
No member of the Board of Adjustment shall be permitted to act on
any matter in which he/she has, either directly or indirectly, any
personal or financial interest.
(5)
A member, after a public hearing, if requested, may be removed by
the governing body for cause. A vacancy occurring otherwise than by
expiration of term shall be filled for the unexpired term only.
(6)
The Board of Adjustment shall annually elect a Chairperson and Vice
Chairperson from its members and a Secretary who may or may not be
a member of the Board or a municipal employee.
(7)
If the Board of Adjustment lacks a quorum because 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, 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. If a choice has to be made between Class IV members of equal
seniority, the Chairperson of the Planning Board shall make the choice.
(8)
The governing body shall make provisions in its budget and appropriate
funds for the expenses of the Board of Adjustment.
(9)
The Board of Adjustment may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, and experts and
other staff services as it shall deem necessary, not exceeding, exclusive
of gifts and grants, the amount appropriated by the Borough Council
for its use.
B.
Powers and jurisdiction of Zoning Board of Adjustment.
(1)
The Board of Adjustment shall have the following powers:
(a)
Appeals. Hear and decide appeals where it is alleged by the
appellant that there is an error in any order, requirement, decision
or refusal made by an administrative officer based on or made in the
enforcement of the Zoning Ordinance.
(b)
Interpretations. Hear and decide requests for interpretation
of the Zoning Map or Ordinance or for decisions upon other special
questions upon which such Board is authorized to pass by any Zoning
or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et
seq.
(c)
Variances.
[1]
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to Article 8 of this Act,[1] would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship; or
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
[2]
Where, in an application or appeal relating to a specific piece
of property, the purposes of this Act would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from regulations pursuant to Article 8 of this Act,[2] provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in Subsection B(1)(d) of this section shall be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance pursuant to Subsection a of § 47 of this Act.[3]
(d)
Use variances. In particular cases and for special reasons,
grant a variance to allow departure from regulations pursuant to N.J.S.A.
40:55D-62 et seq. to permit a use or principal structure in a district
restricted against such use or principal structure; an expansion of
a nonconforming use; deviation from a specification or standard pursuant
to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase
in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
an increase in the permitted density as defined in N.J.S.A. 40:55D-4
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling unit buildings which lot or lots are either an
isolated undersized lot or lots resulting from a minor subdivision;
or a height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members.
(f)
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and zoning ordinance.
(g)
An application under this section may be referred to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
(2)
The Zoning Board of Adjustment shall have such other powers:
(a)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(b)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(c)
To grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval pursuant
to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant
to N.J.S.A. 40:55D-67 whenever the proposed development requires approval
by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon grant of all required
subsequent approvals of a site plan or subdivision by the Board of
Adjustment. No such subsequent approval shall be granted unless such
approval can be granted without substantial impairment to the public
good and without substantial impairment to the intent and purpose
of the zone plan and Zoning Ordinance. The number of votes of Board
members required to grant any such subsequent approval shall be as
otherwise provided in this chapter for the approval in question, and
the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
(d)
Whenever an application for development requests relief pursuant to Subsection B(2)(c) of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise required in N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3)
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 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.
C.
Annual report on variances heard by Zoning Board of Adjustment. The
Board of Adjustment shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report of its findings on Zoning Ordinance provisions
which were the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Board of Adjustment
shall send copies of the report and resolution to the governing body
and Planning Board.
D.
Appeals and applications to Zoning Board of Adjustment.
(1)
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an official of Madison based on
or made in the enforcement of the Zoning Ordinance or Official Map.
Such appeal shall be taken within 20 days by filing a notice of appeal
with the official from whom the appeal is taken, with three copies
of the notice given to the Secretary of the Board of Adjustment. The
notice shall specify the grounds for the appeal. The official from
whom the appeal is taken shall immediately transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
(2)
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an administrative officer.
(3)
The Board may reverse or affirm, wholly or in part, or may modify
the action, order, requirement, decision, interpretation or determination
appealed from and to that end have all powers of the municipal official
from whom the appeal is taken.
(4)
An appeal to the Board of Adjustment shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Board, after the notice of appeal
shall have been filed with him, that by reason of facts stated in
the certificate, a stay would, in, his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court of New Jersey upon notice
to the municipal official from whom the appeal is taken and on due
cause shown.
(5)
If, in the case of an appeal made pursuant to N.J.S.A. 40:55D-70,
the Board of Adjustment determines there is an error in any order,
requirement, decision or refusal made by the administrative officer
pursuant to a report submitted by the Historic Preservation Commission
or Planning Board in accordance with N.J.S.A. 40:55D-111, the Board
of Adjustment shall include the reasons for its determination in the
findings of its decision.
E.
Time period.
(1)
The Board shall render a decision not later than 120 days after the
date the appeal is taken from the decision of the municipal official;
or of submission of a complete application for development to the
Board of Adjustment.
(2)
Failure of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
(3)
Inquiries as to whether a proposed land use is permissible under
the Zoning Ordinance or Official Zoning Map shall be submitted in
writing to the Board of Adjustment, which shall issue a written response
within 45 days after the next meeting following receipt of the request
or within such additional time as may be consented to by the inquirer.
A.
Meetings.
(1)
Meetings of both the Planning Board and Board of Adjustment shall
be scheduled no less often than once a month and shall be held as
scheduled unless canceled for lack of pending applications. Both Boards
may have discretion to eliminate one meeting during one summer month.
(2)
Special meetings may be held at the call of the Chair or at the request
of any two Board members. The members of the respective Board and
the public shall be given notice of such meeting in accordance with
the Open Public Meetings Act[1] and, if applicable, MLUL requirements.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3)
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the respective Board.
(4)
All actions shall be taken by majority vote of the members of the
respective Board present at the meeting except as otherwise required
by the provisions of N.J.S.A. 40:55D-34 and/or 40:55D-70d. A member
of the Board who was absent for one or more of the meetings at which
a hearing was held shall be eligible to vote on a matter upon which
the hearing was conducted, notwithstanding the absence from one or
more of the meetings; provided, however, that a transcript or recording
of all of the hearing from which he/she was absent exists, and provided,
further, that such Board member certifies in writing to the Board
that he/she has read such transcript or listened to such recording.
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.
(5)
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 Act.
(6)
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the municipal
board and of the persons appearing by attorney, the action taken by
the municipal 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 or evidence in any legal proceedings 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.
(7)
At least once a year, each Board shall review the minutes of all
closed meetings held in conformance with the Open Public Meetings
Act to determine whether the minutes may be made public.
B.
Public hearings.
(1)
The Planning Board or Board of Adjustment shall hold a hearing on
each application for development or on the adoption, revision or amendment
of the Master Plan. Each Board shall make the rules governing such
hearings.
(2)
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. The applicant may produce other
documents, records or testimony at the hearing to substantiate, clarify
or supplement the previously filed maps and documents.
(3)
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or to the 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 Borough will be adequately protected.
(4)
The officer presiding at the hearings or such person as he/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,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(5)
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer
or attorney for the Board, 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.
(6)
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
(7)
The municipal board shall provide for the verbatim recording of the
proceedings by either a stenographer or mechanical or electronic means.
The municipal board shall furnish a transcript or duplicate recording
in lieu thereof, on request to any interested party at his expense.
(8)
Decisions.
(a)
The municipal 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.
[1]
The municipal board shall provide the findings and conclusions
through:
[a]
A resolution adopted at a meeting held within the
time period provided in the act for action by the municipal board
on the application for development; or
[b]
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the municipal board voted to grant or deny approval. Only the members
of the municipal 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
of any such resolution shall be deemed to be a memorialization of
the action of the municipal board and not to be an action of the municipal
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 this section.
[2]
If the municipal 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 municipal 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 municipal board
within 10 days of the date of decision to the applicant or, if represented,
then to his or her attorney, without separate charge, and to all who
request a copy of the decision for a reasonable fee. A copy of the
decision shall also be filed by the municipal board 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 reasonable fee and available for public inspection at his or her
office during reasonable hours.
(c)
A brief notice of the 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, provided that nothing contained in this chapter
shall be construed as preventing the applicant from arranging such
publication if he/she so desires. The municipality may make a reasonable
charge for its publication. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision, whether arranged by the municipality or the applicant.
C.
Notice of applications.
(1)
Public notice of a hearing on an application for development shall
be given, except for:
(a)
Preliminary site plan review pursuant to § 34 of N.J.S.A.
40:55D-46 if the proposed development is of a minor nature and located
a considerable distance from the perimeter lot boundary lines;
(c)
Final approval pursuant to § 38 of N.J.S.A. 40:55D-50;
and provided that public notice shall be given in the event that relief
is requested pursuant to § 47 or 63 of N.J.S.A. 40:55D-60
or 40:55D-76 as part of an application for development otherwise excepted
herein from public notice.
(2)
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
(a)
By publication in the official newspaper of the Borough.
(b)
To all owners of real property as shown on the current tax duplicate,
located in the state and within 200 feet in all directions of the
property which is the subject of such hearing, provided that this
requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Notice shall be
given by serving a copy thereof on the property owner as shown on
said current tax duplicate or his or her agent in charge of the property
or mailing a copy thereof by certified mail to the property owner
at his or her address as shown on said current tax duplicate.
(c)
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 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.
(d)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities. Notice shall be given by personal
service or certified mail.
(e)
To the Morris County Planning Board when the application for
development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(f)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway. Notice shall be given by
personal service or certified mail.
(g)
To the State Planning Commission when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be on file with the administrative
officer. Notice shall be given by personal service or certified mail.
(h)
On applications for approval of a major subdivision or a site
plan not defined as a minor site plan, to a public utility, cable
television company or local utility which possesses a right-of-way
or easement within the municipality and which has registered with
the municipality in accordance with N.J.S.A. 40:55D-12.1 by:
[1]
Serving a copy of the notice on the person whose name appears
on the registration form on behalf of the public utility, cable television
company or local utility; or
[2]
Mailing a copy thereof by certified mail to the person whose
name appears on the registration form at the address shown on that
form.
(3)
Upon the written request of an applicant the Borough Tax Assessor
shall, within seven days, make and certify a list from current tax
duplicates of names and addresses of owners within the Borough to
whom the applicant is required to give notice. Failure to give notice
to any lot owner not on the list obtained in such manner shall not
invalidate any hearing or proceeding. A sum, not to exceed the maximum
set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.
(4)
The applicant shall be responsible for giving proper notice to all
property owners.
(5)
The applicant shall file an affidavit of proof of service with the
Planning Board or Board of Adjustment, as the case may be, at least
five days prior to the scheduled meeting.
(6)
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, including an 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 Borough Tax Assessor's office; and the location and
times at which any maps or documents for which approval is sought
are available for inspection.
D.
Registration by public utilities, cable television companies and
local utilities.
(1)
Every public utility, cable television company and local utility
interested in receiving notice pursuant to Subsection h of § 7.1
of N.J.S.A. 40:55D-12 may register with any municipality in which
the public utility, cable television company or local utility has
a right-of-way or easement. The registration shall remain in effect
until revoked by the public utility, cable television company or local
utility or by its successor in interest.
E.
Conditional approval.
(1)
In the event that an applicant submits an application proposing a
development that is barred or prevented, directly or indirectly, by
a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Planning Board or Board of Adjustment shall process such application
in accordance with this chapter, and if such application complies
with all Borough regulations, the Planning Board or Board of Adjustment
shall approve such application conditioned on removal of such legal
barrier to development.
(2)
In the event that development proposed by an application requires
an approval by a governmental agency other than the Planning Board
or Board of Adjustment, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency. The Board shall make a decision on any application within
the time period provided in this chapter or within an extension of
such period as has been agreed to by the applicant, unless the Planning
Board is prevented or relieved from so acting by the operation of
law.
F.
Tolling of running of approval period. In the event that, during
the period of approval heretofore or hereafter granted to an application,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or court of competent jurisdiction to protect the public health or
welfare and the developer is otherwise ready, willing and able to
proceed with said development, the running of the period of approval
under this section shall be suspended for the period of time said
local action is pending or such directive or order is in effect.
G.
Time extensions. The Board and an applicant may mutually agree to
extend the time limit specified for action. Such extension shall be
made in writing or verbally at a public meeting of the Board for a
specific period of time and indicated in the minutes of the meeting.
H.
Expiration of variance. Any variance from the terms of this chapter
hereafter granted by either Board permitting the erection or alteration
of any structure or structures or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within two years from the date of publication of the notice of the
judgment or determination of the Board; except, however, 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 Board to
the governing body or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
I.
Appeal or petition in certain cases to the Board of Public Utility
Commissioners.
(1)
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved
by the action of a municipal board through said agency's exercise
of its powers under this Act, with respect to any action in which
the public utility has an interest, an appeal to the Board of Public
Utility Commissioners of the State of New Jersey may be taken within
35 days after such action without appeal to the municipal governing
body pursuant to § 8 (N.J.S.A. 40:55D-17) of this Act unless
such public utility so chooses. In such case appeal to the Public
Utility Commissioners may be taken within 35 days after action by
the governing body. A hearing on the appeal of a public utility to
the Public Utility Commissioners shall be had on notice to the agency
from which the appeal is taken and to all parties primarily concerned,
all of whom shall be afforded an opportunity to be heard. If, after
such hearing, the Board of Public Utility Commissioners shall find
that the present or proposed use by the public utility of the land
described in the petition is necessary for the service, convenience
or welfare of the public, the public utility may proceed in accordance
with such decision of the Board of Public Utility Commissioners, any
ordinance or regulation made under the authority of this Act notwithstanding.
(2)
This chapter shall not apply to a development proposed by a public
utility for installation in more than one municipality for the furnishing
of service if, upon a petition of the public utility, the Board of
Public Utility Commissioners shall after hearing, of which any municipalities
affected shall have notice, decide the proposed installation of the
development in question is reasonably necessary for the service, convenience
or welfare of the public.
(3)
Nothing in this Act shall be construed to restrict the right of any
interested party to obtain a review of the action of the municipal
board or of the Board of Public Utility Commissioners by any court
of competent jurisdiction according to law.
[1]
Editor's Note: Former § 195-11, Appeal to governing
body, was repealed 1-25-2021 by Ord. No. 3-2021.
Fees for applications or for the rendering of any services by
the Planning Board or the Zoning Board of Adjustment or any member
of their administrative staffs shall be as provided in the Fee Ordinance
of Madison Borough.
A.
Application fees. At the time of filing any application for development,
any application for amendment to or extension of any development approval,
any request for a zone change or recommendation of a zone change,
any request for amendment of the Master Plan, and/or any request for
concept review of a development proposal, zoning permit for building
construction or permit to erect a sign, each applicant shall pay to
the Borough of Madison a nonrefundable application fee, or fees, in
accordance with the following schedule. The applicant shall pay the
fee required for each application which is submitted.
[Amended 7-12-1999 by Ord. No. 22-99; 8-11-2003 by Ord. No. 38-2003; 8-9-2010 by Ord. No. 39-2010; 7-9-2012 by Ord. No. 12-2012; 9-10-2012 by Ord. No.
22-2012; 4-8-2019 by Ord. No. 10-2019]
Application Fees
| |||
---|---|---|---|
Type
|
Fee
| ||
Subdivisions:
| |||
Minor subdivisions
|
$375
| ||
Major subdivisions, sketch plat
|
$375
| ||
Preliminary major subdivision
|
$1,000
| ||
Final major subdivision
|
$500
| ||
Site plans:
| |||
Waiver of site plan details
|
$300
| ||
Preliminary major site plan
|
$300, plus $50 for each 1,000 square feet of gross floor area.
In the case of a parking lot reconstruction not associated with the
construction of a building, the fee shall be $1,600.
| ||
Final major site plan
|
$600
| ||
Variances:
| |||
Appeals (N.J.S.A. 40:55D-70a)
|
$300
| ||
Interpretations (N.J.S.A. 40:55D-70b)
|
$300
| ||
Dimensional (each)
| |||
Residential
|
$150
| ||
Nonresidential
|
$150
| ||
Use
| |||
Residential
|
$500
| ||
Nonresidential
|
$750
| ||
Other
| |||
Amended application
|
$375
| ||
Extension of approval
|
$150
| ||
Request for zone change or recommendation of zone change
|
$400
| ||
Request for Master Plan amendment
|
$400
| ||
Concept review (such fee to be a credit toward the fee for any
future application for the same development proposal filed within
one year of the date of the concept review meeting)
|
$400
| ||
Zoning permit for building construction
|
$50
| ||
Permit to erect a sign
|
$100
| ||
Temporary signage: banner and signs permit
|
$50
| ||
Individual lot grading plan review; new home
|
$300
| ||
Minor lot impacts review; drives/decks/ fences/sheds/ pools/retaining
walls/fills
|
$50
| ||
Signs
| |||
Refacing of previously approved signage (within 36 months)
|
$25
| ||
Additional signage to previously approved application (within
36 months)
|
$25
| ||
Temporary signage - banner and signs permit
|
$25
|
B.
Technical review fees.
(1)
Components of fee. Each applicant shall pay to the Borough of Madison a technical review fee in connection with each application for development, each application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change, any request for amendment of the Master Plan, and/or any request for concept review of a development proposal. All such requests are included in this Subsection B with the term "application." The technical review fee shall be equal to the sum of the following two components:
(a)
The dollar amount of all charges by outside professionals (as
defined herein) for professional services rendered to the Borough
and/or the reviewing board in connection with the application, plus
all actual out-of-pocket disbursements incurred in regard to such
services. All charges for services by each outside professional shall
be billed at the same rate as all other work of the same nature performed
by such professional for the Borough when fees are not reimbursed
or otherwise imposed on an applicant. Charges for professional services
of outside professionals shall be based upon a schedule of fees established
by resolution of the reviewing board, in the case of professionals
retained by the board, and by resolution of the Borough Council, in
the case of professionals retained by the Borough. Such schedules
shall be subject to revision from time to time in the discretion of
the reviewing board and/or the Borough Council, as the case may be.
(b)
The dollar amount of the hourly base salary of each in-house
professional (as defined herein) who has rendered professional services
to the Borough and/or the reviewing board in connection with the application,
multiplied by both the total number of hours of professional services
spent by each in-house professional in connection with the application,
and 200%. The hourly base salary of each in-house professional shall
be established by ordinance annually.
(2)
IN-HOUSE PROFESSIONAL
OUTSIDE PROFESSIONALS
PROFESSIONAL SERVICES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are provided by the Borough of
Madison.
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are not provided by the Borough
of Madison. "Outside professionals" shall include, without limitation,
consultants who are not normally utilized by the Borough or the reviewing
board when an application presents issues which are beyond the scope
of the expertise of the professionals who normally serve the reviewing
board or the Borough.
Time spent by a professional engineer, professional planner,
attorney, traffic expert or other professional in connection with
review of an application and/or review and preparation of documents
in regard to such application. In appropriate cases, such services
shall include, without limitation, review of plans, reports, relevant
ordinance provisions, statutory law, case law and prior approvals
for the same parcel; site inspections; and preparation of resolutions,
developer's agreements and other documents.
(3)
Limitations on scope of charges for professional services.
(a)
All charges for professional services shall be reasonable and
necessary given the status and progress of the application. Such charges
shall be made only in connection with:
(b)
A professional shall not review items which are subject to approval
by a state governmental agency and which are not under municipal jurisdiction,
except to the extent that consultation with a state agency is necessary
due to the effect of a state approval on the applicant's application.
(c)
If the Borough or the reviewing board shall retain a different
professional in place of the professional originally responsible for
review of an application, the Borough or the reviewing board, as the
case may be, shall be responsible for all time and expenses of the
new professional to become familiar with the application. Neither
the Borough nor the reviewing board shall charge the applicant or
the applicant's technical review fee deposit for such services.
(d)
Neither the Borough nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for any municipal clerical or administrative functions, overhead expenses, meeting room charges or other municipal costs and expenses, except as provided for in this § 195-12, nor shall any professional add any such charges to his or her bill.
(4)
Payment of technical review fee deposits. At the time of filing any
application with the Planning Board or Board of Adjustment, each applicant
shall pay a technical review fee deposit, or deposits, in accordance
with the following schedule. The applicant shall pay the deposit required
for each approval which is requested.
Technical Review Fees
| |||
---|---|---|---|
Type of Application
|
Deposit Amount
| ||
Subdivisions:
| |||
Minor subdivision
| |||
Residential
|
$500 per lot
| ||
Nonresidential
|
$750 per lot
| ||
Major subdivision
[Amended 8-11-2003 by Ord. No. 38-2003] |
$1,000 per lot
| ||
Preliminary major subdivision
|
$750 per lot for the first 3 lots, $100 per lot for additional
lots
| ||
Final major subdivision
|
1/2 the cost of preliminary
| ||
Site plans:
| |||
Waiver of site plan details
|
$150 per residential unit; $50 per 100 square feet of gross
floor area
| ||
Preliminary major site plan
| |||
Residential
|
$150 per residential unit
| ||
Nonresidential
|
$50 per 100 square feet of gross floor area; $50 per parking
space, in the case of a parking lot recon- struction not associated
with the construction of a building.
| ||
Final major site plan
|
1/2 the cost of preliminary major site plan
| ||
Variances
| |||
Appeals (N.J.S.A. 40:55D- 70a)
|
$750
| ||
Interpretations (N.J.S.A. 40:55D-70b)
|
$750
| ||
Dimensional
| |||
Residential (excluding one- and two-family homes)
|
$500
| ||
Nonresidential
|
$1,000
| ||
Use
| |||
Residential (excluding pre-existing, noncon- forming one- and
two- family homes)
|
$1,500
| ||
Nonresidential
|
$2,500
| ||
Other
| |||
Amended application
|
$1,000
| ||
Extension of approval
|
$500
| ||
Request for zone change or recommendation of zone change
|
$2,000
| ||
Request for Master Plan amendment
|
$2,000
| ||
Concept review
|
$1,000
|
(5)
Custody of deposits; procedure for payments against deposits; submission
of vouchers; monthly statements.
(a)
All technical review fee deposits shall be placed into an escrow
account, which account shall be maintained by the Chief Financial
Officer of the Borough of Madison. The Chief Financial Officer shall
make all payments for the escrow account.
(b)
All payments charged to an applicant's technical review fee
deposit shall be pursuant to vouchers from the professionals performing
professional services in connection with the application. All vouchers
shall identify the professional performing the services, the dates
when services were performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred.
(c)
All outside professionals shall submit vouchers to the Chief
Financial Officer on a monthly basis. A copy of the voucher shall
be sent to the applicant simultaneously. All in-house professionals
shall submit to the Chief Financial Officer on a monthly basis a statement
containing the same information as the voucher of an outside professional.
A copy of the statement shall be sent to the applicant simultaneously.
(d)
The Chief Financial Officer shall prepare, and send to the applicant
on a monthly basis a statement providing an accounting of the applicant's
technical review fee deposits. The accounting shall include all deposits
made, interest earned, disbursements made and cumulative deposit balance.
Notwithstanding the foregoing, if monthly charges to an applicant's
deposit are $1,000 or less, such statement may be provided by the
Chief Financial Officer on a quarterly basis.
(6)
Replenishing of deposit.
(a)
If a technical review deposit shall be insufficient to enable
the Borough or the reviewing board to perform required application
reviews, the Chief Financial Officer shall notify the applicant (this
notice is referred to herein as an "insufficiency notice") of both
the insufficient deposit balance and the amount of additional funds
required, in the judgment of the Chief Financial Officer, to cure
the insufficiency. In order for work to continue on the application,
the applicant shall, within a reasonable time period post additional
funds to the escrow account in an amount to be agreed upon by the
Borough (acting through its Chief Financial Officer) and the applicant.
(b)
The determination of insufficiency shall be made by the Chief
Financial Officer in his or her reasonable discretion. Furthermore,
as used herein, a "reasonable time period" for the posting of additional
funds to the escrow account shall be not longer than 15 days after
the date of the Chief Financial Officer's insufficiency notice. The
applicant shall be deemed to agree to the terms of the insufficiency
notice unless, within 15 days after the date of such notice, the applicant
shall deliver to the Chief Financial Officer a written notice of objection.
(c)
If the applicant timely files such an objection, the applicant
shall have the right to pay the amount requested under protest and
the right to challenge same in the Superior Court, Law Division, in
an action in lieu of prerogative writs filed within 45 days after
the applicant's receipt of the Chief Financial Officer's final accounting
with respect to the applicant s technical review fee deposit.
(d)
If the applicant fails to timely pay (under protest or otherwise)
the amount requested, the Borough, the reviewing board and all professionals
shall have the right to cease all further work on the application
immediately, and the reviewing board shall have the right to deny
without prejudice any pending application, because of the applicant's
failure to post additional technical review fees needed for the proper
review of such application. In no event shall any approved plans be
signed or delivered to the applicant, nor shall any construction permits,
certificates of occupancy or other approvals or authorizations be
issued to an applicant when there exists any deficiency in the applicant's
technical review fee deposit.
(7)
Final accounting; return of unused balance of deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of the same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with Subsection E.
C.
Transcript fees. Each applicant shall be required to reimburse the
Borough of Madison for its actual costs for the preparation of a transcript
of all hearings on any site plan application, major subdivision application,
application for amendment to the Master Plan or appeal to the Borough
Council of decisions by the Board of Adjustment. Fifty percent of
the estimated cost of the transcript shall be deposited at the time
the transcript is ordered.
D.
Special meeting fees. A fee of $1,500 shall be charged to the applicant
for any special meeting of the Planning Board or Board of Adjustment
held at the request of the applicant to hear and/or decide any site
plan application, major subdivision application, application for amendment
of the Master Plan or any other matter. Nothing herein shall obligate
any board to hold a special meeting on any application for development.
E.
Deposits with the Borough; escrow accounts; interest.
(1)
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Borough for technical review fee deposits,
for inspection fees or to satisfy the requirement for any performance
guaranty or the requirement for any maintenance guaranty pursuant
to this chapter, such money, until repaid or applied for the purposes
for which it was deposited, including the applicant's portion of the
interest earned thereon, shall continue to be the property of the
applicant and shall be held in trust by the Borough, except as otherwise
provided for in this section.
(2)
The Borough shall deposit such money in a banking institution or
savings and loan association located in the State of New Jersey and
insured by an agency of the federal government or in any other fund
or depository approved for such deposits by the State of New Jersey.
Such moneys shall be maintained in an account bearing interest at
the minimum rate currently paid by such institution or depository
on time or savings deposits.
(3)
The Borough shall notify the applicant in writing of the name and
address of the institution or depository in which such deposit is
made and the amount of the deposit. The Borough 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 for any
year, that entire amount shall belong to the applicant and shall be
refunded to the applicant by the Borough annually, or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be. Notwithstanding anything to the contrary
above, the Borough may retain for administrative expenses a sum equal
to 33 1/3% of the annual interest earned by such deposit. The
amount so retained shall be in lieu of all other administrative and
custodial expenses charged by the Borough in connection with the deposit.
F.
Borough tree protection deposit. At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay a deposit to protect Borough trees, as such trees are defined in the Shade Tree Management Board Ordinance, Chapter 45 of the Madison Borough Code. The deposit amount shall be $750 per Borough tree which may be damaged during construction, and such deposit shall be held in trust by the Borough in accordance with Chapter 195, § 195-12, Subsection E. Such deposit may be applied by the Borough to remedy or replace Borough trees damaged by the applicant, as determined by the Shade Tree Management Board. The deposit may be held up to 24 months from issuance of the C. O. to insure the Borough tree survives the construction. Any balance will thereafter be returned to the applicant.
[Added 11-13-2017 by Ord.
No. 43-2017]
[Added 9-22-2014 by Ord.
No. 48-2014]
A.
No person
shall be charged a construction permit surcharge fee or enforcing
agency fee for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an existing public or private structure or any of the facilities
contained therein.
B.
A disabled
person, or a parent or a sibling of a disabled person, shall not be
required to pay any municipal fee or charge in order to secure a construction
permit for any construction, reconstruction, alteration or improvement
which promotes accessibility to his/her own living unit.
C.
For
the purposes of this section, "disabled person" means a person who
has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness, and shall include, but
not be limited to, any resident of this state who is disabled pursuant
to the Federal Social Security Act (42 U.S.C. § 416) or
the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231
et seq.) or is rated as having a 60% disability or higher pursuant
to any federal law administered by the United States Veterans' Act.
For purposes of this subsection, "blindness" means central visual
acuity of 20/200 or less in the better eye with the use of a correcting
lens. An eye which is accompanied by a limitation in the fields of
vision such that the widest diameter of the visual field subtends
an angle no greater than 20° shall be considered as having a central
visual acuity of 20/200 or less.
A.
A corporation or partnership applying to the Planning Board, the
Board of Adjustment or the governing body 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 dwelling 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 interest of 10% or greater in a partnership, either
of which is subject to disclosure pursuant to N.J.S.A. 40:55D-48.2,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or interest of
10% or greater in the partnership, as the case may be; and this requirement
shall be followed by every corporate stockholder or partner in said
partnership until the names and addresses of the noncorporate stockholders
and individual partners exceeding the ten-percent ownership criterion
established in the Act have been listed.
C.
The Planning Board, Board of Adjustment or governing body shall not
approve the application of any corporation or partnership which does
not comply with § 195-1A or B of this chapter.
D.
Any corporation or partnership which conceals the names of the stockholders
owning 10% or more of its stock or of the individual partners owning
an interest of 10% or greater in the partnership, as the case may
be, shall be subject to a fine of $1,000 to $10,000, which shall be
recovered in the name of the Borough of Madison in any court of record
in the state in a summary manner pursuant to the Penalty Enforcement
Law (N.J.S.A. 2A:58-1 et seq.)
[Amended 3-26-2018 by Ord. No. 13-2018]
A Technical Coordinating Committee (TCC) shall be established
to serve as the Review Advisory Board to review all applications for
development or requests for review submitted to the Planning Board.
A designee of the Chairperson of the Planning Board shall chair the
Committee. The Committee shall include the Board Engineer, Borough
Construction Official, Board Planning Consultant, Board Attorney,
a representative from the Shade Tree Management Board and, in addition,
any member of the Planning Board or any other official as appointed
by the Chairperson of the Planning Board whose particular expertise
may be required on a specific application or all applications.
A.
The TCC shall have the following responsibilities:
(1)
Determine adequacy of application materials provided to address technical
standards set forth in this chapter.
(2)
Determine compliance with the technical standards set forth in this
chapter.
(3)
Make recommendations on the design and technical elements of any
application.
(4)
Consider and make recommendations regarding waivers of specific checklist
requirements if the proposed development results in minor changes
that do not warrant provision of specific items.
(5)
In the case of permitted uses with waiver of site plan details, make
recommendations to the Board regarding waiving requirements if the
proposed development has secured previous site plan approval, involves
normal maintenance or replacement, such as painting or siding, or
does not affect existing drainage, circulation, landscaping, lighting,
and other considerations of site plan review, with the exception of
signage and solid waste disposal.
(6)
Determine whether the project is in a critical area as defined by
the Environmental Resources Inventory.
(7)
Recommend whether an environmental impact assessment, traffic impact
assessment, or any other special studies should be required.
B.
The Committee shall make known its findings through a combination
of written correspondence provided in advance of any TCC meeting and
through TCC minutes.
A.
Creation of office; appointments. The office of the Zoning Officer
of the Borough of Madison is hereby continued. Appointments to the
office of the Zoning Officer shall be made by the Mayor, subject to
confirmation by the Borough Council of the Borough of Madison. The
term of office shall be one year. A vacancy in the office shall be
filled by the Mayor subject to confirmation by the Borough Council
for the unexpired term only.
B.
Duties.
(1)
It shall be the duty of the Zoning Officer to enforce this chapter
and, pursuant to that duty, to:
(a)
Discover and ascertain the existence of any violations of this
chapter.
(b)
Investigate and inspect any alleged violation of this chapter
within his/her knowledge or coming to his/her attention.
(c)
Prevent further or continued violations of this chapter which
are known by him/her to exist and by every lawful means cause the
violators to cease and desist from committing such further violations.
(d)
Prosecute violations of this chapter in the manner provided
by law.
(2)
Whenever any building or structure is erected, constructed, altered,
repaired, converted, used or maintained within the Borough of Madison,
it shall be the duty of the Zoning Officer to ascertain that the same
is done in accordance with the provisions of this chapter and not
in violation thereof; and whenever any building or structure is so
erected, constructed, altered, repaired, converted, used or maintained
contrary to or any land is used in violation of any provision of this
chapter, it shall be the duty of the Zoning Officer to proceed with
the enforcement of this chapter in the manner herein provided and
as otherwise provide by law, and he/she is hereby further authorized
and empowered to institute and maintain any further statutory legal
actions and proceedings for the enforcement hereof, now existing or
heretofore or hereafter provided, which may be available to him/her.
C.
Enforcement procedure. Whenever the Zoning Officer shall ascertain
that any of the provisions of this chapter are being violated, he/she
shall:
(1)
Promptly notify the person committing such violation to cease and
desist from continuing such violation . If such violation consists
of the construction or erection of an illegal building or structure,
he shall order the same demolished and the site cleared or the building
or structure removed. If such violation consists of an illegal alteration
or conversion of an existing building or structure, he shall order
each building or structure restored to a conforming condition.
(2)
Sign and file a complaint alleging the violation in the Municipal
Court of the Borough of Madison, in the manner prescribed by law and
the rules governing the practice in such Court. He/she shall also
institute further proceedings in the Superior Court when, in his opinion,
the same are warranted to enjoin said violation and to effect the
discontinuance thereof. Nothing herein shall prevent any person other
than the Zoning Officer from instituting a complaint for any violation
of this chapter in the manner prescribed by law.
D.
Search warrants. In the enforcement of this chapter, the Zoning Officer
may apply to the Judge of the Municipal Court of the Borough of Madison
for a warrant or warrants to search and inspect the properties and
premises upon which he/she has reason to believe any violation of
this chapter has taken or is taking place and, upon probable cause
shown the Judge may issue such a warrant or warrants in the manner
authorized by law, and the information obtain pursuant thereto shall
be admissible as evidence in any court of competent jurisdiction for
the purposes of proving any case brought for violation of this chapter.
E.
Administrative duties. In addition to the duty of enforcement of
this chapter and prosecuting the violations thereof, the Zoning Officer
shall:
(1)
Make an inspection of every parcel of land, building or structure
for which an occupancy or land use permit is requested prior to the
issuance of such permit, in order to ascertain that said occupancy
or use will comply with every standard, regulation and requirement
of this chapter for such occupation and use.
(2)
After proper inspection and investigation, issue land use permits
and certificates of occupancy in appropriate instances and within
his/her jurisdiction.
(3)
Report to the Board of Adjustment with respect to matters which are
properly before the Board and otherwise conduct investigations, report
to and be responsible to the Mayor and Borough Council with respect
to matters pertaining to the Zone Plan and this chapter and otherwise
within his/her jurisdiction.
(4)
Start and maintain an accurate and complete file with respect to
every alleged violation of this chapter or other matters investigated
and processed by him/her.
(5)
File a monthly report of his/her activities, including the complaints
and case processed by him/her and the disposition thereof, with the
Mayor and Borough Council.
A.
The office of Deputy Zoning Officer of the Borough of Madison is
hereby continued. Appointments to the office of Deputy Zoning Officer
shall be made by the Mayor, subject to confirmation by the Borough
Council. The term of office shall be one year.
B.
The Deputy Zoning Officer shall fill the office of the Zoning Officer,
with all the powers thereof, in the event of incapacity, death, absence,
resignation or removal of the Zoning Officer, upon the approval of
the Mayor and Borough Council.
C.
The Deputy Zoning Officer shall have concurrent jurisdiction with
the Zoning Officer with respect to issuance of notice to individuals
to cease and desist from violating this chapter and to sign and file
complaints alleging the violation of this chapter in a Municipal Court
in the Borough of Madison.