Borough of Rockleigh, NJ
Bergen County
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Table of Contents
Table of Contents
[Editor's Note: This Chapter 30 supersedes Chapter 28 of the 1973 Code, Planning and Zoning Boards. Ord. No. 8-86-1 repealed the Zoning Board of Adjustment and provided for a nine (9) member Planning Board. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment pursuant to N.J.S.A. 40:55D-25 and all other applicable laws.]
[The Borough Council has designated the Borough Administrator to serve as Secretary to the Planning Board.]
[1973 Code § 28-1A]
a. 
Pursuant to N.J.S.A. 40:55D-1 to 40:55D-92, the membership of the Planning Board is nine (9) members, consisting of the following four (4) classes:
1. 
Class I: the Mayor.
2. 
Class II: one (1) of the officials of the municipality other than a member of the Governing Body, to be appointed by the Mayor.
3. 
Class III: a member of the Governing Body, to be appointed by the Governing Body.
4. 
Class IV: six (6) other citizens of the Borough, who shall be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one (1) member may be a member of the Historic Preservation Commission and one (1) member may be a member of the Board of Education.
5. 
Alternate Members. In addition to the six (6) Class IV members, two (2) alternate members shall be appointed by the Mayor, who shall meet the qualifications of Class IV members and who shall be designated at the time of the appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. Alternate members may participate in discussions of proceedings before the Planning Board but may not vote except in the absence of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member shall vote, Alternate No. 1 shall vote.
b. 
Education Requirements. N.J.S.A. 40:55D-23.3 provides the basic course requirements for Board members. Exemptions are outlined in N.J.S.A. 40:55D-23.3 and 23.4.
[1973 Code § 28-1B]
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first. All Class IV members shall be appointed for terms of four (4) years. The term of a Class IV member who is also a member of the Board of Education or the Historic Preservation Commission shall terminate whenever such member shall no longer be a member of such other body or at the completion of his Class IV term, whichever occurs first. All terms shall run from January 1 of the year in which the appointment is made.
[1973 Code § 28-1C]
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[1973 Code § 28-1D]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and elect a Secretary, who may either be a member of the Planning Board or a municipal employee designated by it.
[1973 Code § 28-1E]
The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[N.J.S.A. 40:55D-75]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and from time to time amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
b. 
To administer the provisions of Chapter 31—Site Plan Review, Chapter 32—Land Subdivision and Chapter 34—Zoning of the Borough Code in accordance with the provisions of said ordinances and N.J.S.A 40:55D-1 et seq.
c. 
To participate in the preparation and review of progress or plans required by State or Federal law or regulations.
d. 
To assemble data on a continuing basis as part of a continuous planning process.
e. 
To annually prepare a program of municipal capital improvement projects over a term of six (6) years, and amendments thereto, and recommend the same to the Governing Body, when so authorized by the Mayor and Council.
f. 
To consider and make report to the Governing Body within thirty-five (35) days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Planning Board by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
g. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officers.
h. 
At the quest of the developer, to 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.
i. 
Appeals and Applications.
1. 
Appeals to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinances or Official Map. Such appeal shall be taken within the twenty (20) days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three (3) copies of the notice with the Secretary of the Planning Board (Borough Administrator). The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board certified true copies of 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 Planning Board for action under any of its powers without prior application to an administrative officer. Eighteen (18) copies of all applications shall be filed. At the time of filing the appeal or application, but in no event less than twenty-one (21) business days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. Subsequent submissions shall be filed no less than ten (10) business days prior to the date set for the hearing. The day of the hearing shall not be included in calculating the days. The applicant shall obtain all necessary forms from the Secretary to the Planning Board (Borough Administrator).
3. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made unless the officer from whom the appeal is taken certifies to the Planning 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 on application or notice to the officer from whom the appeal is taken and on due cause shown.
4. 
Powers to Reverse or Modify Decisions. In exercising the aforementioned powers, the Planning Board may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto, or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
5. 
Expiration of Variance. Any variance form the terms of Chapter 34, Zoning, hereafter granted by the Planning 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 the variance, or unless such permitted use has actually been commenced, within eighteen (18) months from the date of entry of the judgment or determination of the Planning 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 Planning Board to the Governing Body or, as permitted under N.J.S.A. 40:55D-17, or to the Superior Court until the termination in any manner of such appeal or proceeding.
6. 
Powers Granted by Law. Pursuant to N.J.S.A. 40:55D-70, the Planning Board acting as the Board of Adjustment shall have the power to:
(a) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Chapter or ordinances;
(b) 
Hear and decide requests for interpretation of the Zoning Map, Chapter 34, Zoning, or ordinances 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) 
Where: (1) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (a) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (b) 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 N.J.S.A. 50:55-62 et seq. 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; (2) where in an application or appeal relating to a specific piece of property the purposes of N.J.S.A. 40:55D-1 et seq. or the purposes of the "Educational Facilities Construction and Financing Act," P.L.2000, c. 72 (C.18A:7G-1 et al.), 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 N.J.S.A. 40:55-62 et seq.; 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 paragraph 6(d) below 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 power to review a request for a variance pursuant to subsection a of N.J.S.A. 40:55D-60.
(d) 
In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq. to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Section 54 of P.L.1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in Section 3.1. of P.L.1975, c. 291 (N.J.S.A. 40:55D-4), (5) an increase in the permitted density as defined in Section 3.1 of P.L.1975, c. 291 (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 either an isolated undersized lot or lots are resulting from a minor subdivision or (6) a height of a principal structure which exceeds by ten (10) feet or ten (10%) percent 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 (5) members, in the case of a municipal board.
If an application development requests one or more variances but not a variance for a purpose enumerated in paragraph 6(d) herein, the decision on the requested variance or variances shall be rendered under paragraph 6(c).
No variance or other relief may be granted under the terms of this subsection, including a variance or other relief involving an inherently beneficial use, without a showing that 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. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this subsection, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this subsection 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 Planning Board shall act.
[N.J.S.A. 40:55D-70]
7. 
Additional Powers. The Planning Board acting as the Zoning Board of Adjustment shall also have power given by law to:
(a) 
Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-76a(1), for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved on the Official Map.
(b) 
Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-76a(2), for a building or structure not related to a street.
(c) 
It is further the intent of this chapter to confer upon the Planning Board the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter and the Zoning Chapter and ordinances, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.
(d) 
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter and Chapter 34, Zoning, in accordance with the general or specific rules contained therein and with the general rules hereby laid down that equity shall be done in cases where the strict interpretation of the provisions of this chapter and the Zoning Chapter and ordinances would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall, in all cases, follow the provisions applicable to it in said N.J.S.A. 40:55D-69 et seq., or subsequent statutes in such case made and provided, and it shall furnish to any person requesting the same a copy of its rules and regulations upon the payment of a reasonable fee therefor.
8. 
Time for Decision. The Planning Board shall render its decision not later than one hundred twenty (120) days after the date that an appeal is taken from the decision of an administrative officer, or of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-73a. Failure of the Board to render a decision within one hundred twenty (120) days or such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[1973 Code § 28-1F]
[1972 Code § 28-1G]
Applications for development pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Planning Board (Borough Administrator).
[1973 Code § 28-1H]
a. 
Determination of Completeness. "Complete application" means an application form and accompanying maps and documents containing the items of information required in Section 31-8 of Chapter 31, Site Plan Review or Section 32-6, of Chapter 32, Land Subdivision or Article V, Historic Review and Approval and Zoning Applications and Variances of Chapter 34, Zoning, as applicable. These Sections and Articles are hereby designated as the checklist for such information and shall be supplied to the applicant in a form such that a check mark can be entered for each item. The applicant may request that one (1) or more of the submission requirements be waived. Nothing in this definition shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and the submission of additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for subdivision have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board. The Planning Board shall review submissions for completeness and take action on accepting or rejecting the submission as a complete application within forty-five (45) days of such submission. In the event that the Planning Board does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the application checklist and unless the Planning Board Secretary (Borough Administrator, Planning Board Professional, or designated person) has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within forty-five (45) days.
b. 
Minor Subdivisions. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval unless, within such period, a plat, in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision is filed by the developer with the Municipal Engineer and the Municipal Tax Assessor and filed or recorded by the developer with the County Recording Office. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date that the application to the Planning Board is determined to be complete or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted approval for the minor subdivision.
c. 
Preliminary Approval of Major Subdivisions. The Planning Board shall grant or deny preliminary approval of an application for a subdivision of ten (10) or fewer lots within forty-five (45) days of the date that the application to the Planning Board is determined to be complete or within such time as may be consented to by the applicant. The Planning Board shall grant or deny preliminary approval for a subdivision of more than ten (10) lots within ninety-five (95) days of the date that the application to the Planning Board is determined to be complete or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
d. 
Application for final subdivision approval shall be granted or denied within forty-five (45) days of the date that the application to the Planning Board is determined to be complete or within such further time as may be consented to by the applicant.
[1]
Editor's Note: The applications and checklists are included as attachments to this chapter..
[1973 Code § 28-1I]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[1973 Code § 28-1; Ord. No. 1-6-98; Ord. No. 06-08; Ord. No. 06-11; Ord. No. 07-04]
a. 
Filing Fee. Appeals and applications to the Planning Board shall be accompanied by a filing fee, which shall be used to defray the administrative costs of processing the appeal or application as follows:
1. 
For appeals and applications under subsection 30-1.6i, paragraph 6(a), 6(b) or 6(c): two hundred fifty ($250.00) dollars.
2. 
For applications under subsection 30-1.6i, 6(d): four hundred fifty ($450.00) dollars.
3. 
Minor subdivision plats: five hundred ($500.00) dollars plus fifty ($50.00) dollars per lot.
4. 
Preliminary major subdivision plats: six hundred ($600.00) dollars plus two hundred ($200.00) dollars per lot.
5. 
Final major subdivision plats: three hundred ($300.00) dollars plus one hundred ($100.00) dollars per lot.
6. 
Repealed.
7. 
Preliminary Site Plan approval: three hundred fifty ($350.00) dollars.
8. 
Final Site Plan approval: two hundred ($200.00) dollars.
9. 
Historic review: two hundred ($200.00) dollars.
10. 
Conditional use approval: four hundred fifty ($450.00) dollars.
b. 
Deposit for Review Services and Expenses.
1. 
In addition to the filing fee, the application shall be accompanied by a deposit to cover the cost of review services, if any, provided by the Borough Engineer, Board Attorney, Planning Consultant, expert witnesses and consultants, other Borough personnel, publication of notices and other required expenses. The Borough Administrator shall place the deposit in a trust account, in the name of the appellant or applicant and shall charge thereto the cost of such review, services and expenses. The amount of the deposit shall be determined as follows:
(a) 
For appeals and applications under subsection 30-1.6i, paragraphs 6(a), 6(b) or 6(c): two thousand ($2,000.00) dollars.
(b) 
For applications under subsection 30-1.6i paragraph 6(d): three thousand ($3,000.00) dollars.
(c) 
Minor subdivision plats: four hundred ($400.00) dollars per lot, but not less than one thousand ($1,000.00) dollars.
(d) 
Preliminary major subdivision plats: five hundred ($500.00) dollars per lot, but not less than three thousand ($3,000.00) dollars.
(e) 
Final major subdivision plats: three hundred ($300.00) dollars per lot, but not less than one thousand ($1,000.00) dollars.
(f) 
Preliminary site plans: four thousand ($4,000.00) dollars per nonresidential development and for residential development six hundred ($600.00) dollars a unit but not less than ten thousand ($10,000.00) dollars, this deposit, however, is not applicable to one single-family residence.
(g) 
Final site plans: one thousand five hundred ($1,500.00) dollars per development.
(h) 
Historic Review:
(1) 
One thousand two hundred ($1,200.00) dollars for a required review of an addition or renovation to an existing home.
(2) 
Two thousand five hundred ($2,500.00) dollars for a required review for new residential construction.
(i) 
Conditional use approval: one thousand five hundred ($1,500.00) dollars.
2. 
Any unused portion of the deposit for review services and expenses shall be returned to the appellant or the applicant. If the cost thereof shall exceed the amount of the deposit, sufficient additional funds shall be deposited within ten (10) calendar days from the date of notification to the appellant or applicant or no less than ten (10) business days prior to any hearing at which the applicant's matter is scheduled to be heard, whichever shall occur first. Before any decision on appeal, variances, subdivisions or approvals are given to the appellant or applicant, if sufficient additional funds are not deposited as are required herein, no further work or hearing on the applicant's or appellant's application shall occur until such sufficient additional funds are so deposited.
3. 
In addition to the fees provided above, pursuant to N.J.S.A. 40:55D-53(h) the developer may be required to deposit for inspection fees an amount not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of improvements, which costs shall be determined pursuant to N.J.S.A. 40:55D-53.4.
[1973 Code § 28-2A]
No member of the Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[1973 Code § 28-2B]
a. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
b. 
Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which meetings shall be held on notice to the Board's members and the public, in accordance with all applicable legal requirements.
c. 
No action, except to adjourn the meeting, shall be taken at any meeting without a quorum being present.
d. 
All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by N.J.S.A. 40:55D-1 et seq.
e. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1973 Code § 28-2C]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection at the office of the Planning Board Secretary (Borough Administrator). Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[1973 Code § 28-2D]
a. 
Rules. The Planning Board shall make the rules governing hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing in the office of the Planning Board Secretary (Borough Administrator). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
b. 
Oaths. The officer presiding at the hearing, or such person as he 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 Investigation Laws, N.J.S.A. 2A:67A-1 et seq., shall apply.
c. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and the number of witnesses.
d. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
e. 
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[1973 Code § 28-2E]
Notice pursuant to paragraphs a, b and d through g of this subsection shall be given by the applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to paragraphs a, b and d through g shall be given at least ten (10) days prior to the date of the hearing.
a. 
Public notice of a hearing on an application for development shall be given, except for conventional site plan review pursuant to N.J.S.A. 40:55D-46, minor subdivisions pursuant to N.J.S.A. 50:55D-47 or final approval pursuant to N.J.S.A. 40:55D-50, provided that the Governing Body may, by ordinance, require public notice for such categories of site plan review as may be specified by ordinance, and further provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
b. 
Notice of a hearing requiring public notice pursuant to paragraph a shall be given to the owners of all real property as shown on the current tax duplicate, located in the State and within two hundred (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 the 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 agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address shown on said current tax duplicate. 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 or 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 two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
c. 
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven (7) 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 pursuant to subsection 30-2.5. 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. The fee for the list shall be charged as stated in subsection 30-2.6.
d. 
Notice of hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Municipal Clerk of such municipality.
e. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary.
f. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
h. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
i. 
Notice pursuant to paragraphs d, e, f and g of this subsection shall not be deemed to be required unless public notice pursuant to paragraph a of this subsection and notice pursuant to paragraph b of this subsection are required.
[1973 Code § 28-2F]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal Clerk shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of twenty-five ($0.25) cents per name or ten ($10.00) dollars, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice.
[1973 Code § 28-2G]
a. 
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon. Such resolution may be adopted at the meeting at which the municipal agency votes to grant or deny approval or may be adopted not later than forty-five (45) days after the date of such meeting. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of the 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 resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of adoption of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications.
b. 
A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant or, if represented, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Planning Board Secretary (Borough Administrator), who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality and shall be made available for public inspection at the Borough Offices.
c. 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
[1973 Code § 28-2H]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Planning Board Secretary (Borough Administrator) with a reasonable charge to the applicant. If the applicant so desires, the notice may be published by the applicant at his expense.
[1973 Code § 28-3A]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Chapter and ordinances or Official Map. Such appeal shall be taken within twenty (20) days by filing a notice of appeal in accordance with the provisions of N.J.S.A. 40:55D-72 and 55D-72.1. (N.J.S.A. 40:55D-72)
[1973 Code § 28-3B]
An appeal from any decision of the Planning Board approving an application pursuant to the provisions of N.J.S.A. 40:55D-70d may be taken to the Governing Body, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Board. The Governing Body may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Planning Board approving a use variance. The review shall be made on the record made before the Board. The affirmative vote of a majority of the full authorized membership of the Governing Body shall be necessary to reverse, remand or affirm, with or without conditions, any final action of the Planning Board. (N.J.S.A. 40:55D-17)
[Ord. No. 09-02-04 § 1]
Subject to the additional provisions set forth in Chapter 31, Section 31-12, if applicable, a building permit shall be applied for and issued within eighteen (18) months from final approval by the Planning Board of any development application. If a building permit is not so applied for and issued within this time period, the Planning Board approval shall be deemed null and void and a building permit cannot then be issued.
[Ord. No. 06-12 § 28-6]
Upon completion of construction of a project whether it be new construction or renovation and the addition of a building where there is an increase in lot coverage, a survey must be submitted to the Planning Board and the Construction Official for approval before a certificate of occupancy will issue. The survey must contain the following information:
a. 
For multi-family, industrial and commercial construction As-Built Survey checklist:
1. 
Title Block containing the name of the plan preparer, lot and block numbers, date prepared, and date of last amendment.
2. 
North arrow.
3. 
Scale of the map, both written and graphic. The scale shall contain no more than fifty (50) feet to the inch. However, where the scale would result in an unduly large map, the Board may permit a smaller scale.
4. 
Boundaries of the tract with dimensions of the same (metes and bounds).
5. 
Locations of existing easements, deed restrictions, or rights-of-way.
6. 
Locations of natural features, including woodlands, streams and other water bodies, wetlands, flood hazard areas, and rock outcrops.
7. 
Topographic contours of the site and adjacent areas affecting the site. Contour intervals shall be no greater than two (2) feet for slopes of less than or equal to ten (10%) percent and five (5) feet for slopes of greater than ten (10%) percent.
8. 
Spot evaluations at the corners of all buildings.
9. 
Location of principal and accessory building and their setbacks from property lines.
10. 
Location of parking, driveways, access aisles including all stripping.
11. 
Location of proposed signage including size.
12. 
Location of fences, walls, sidewalks, and similar improvements.
13. 
Location of drainage structures and piping, including invert elevations, pipe sizes, pipe material.
14. 
Location of utility service, including septic systems and their components, sanitary sewers, water mains, fire hydrants, gas service, electric service, etc.
15. 
Location of site illumination, including height and location fixture.
16. 
Location, size and species of landscaping.
17. 
Location of solid waste disposal area.
18. 
Heights calculations in conformation with the Borough Zoning Ordinance for principal and accessory structures.
19. 
Signature and seal of licensed professional land surveyor.
b. 
For single-family residential As-Built Survey Checklist:
1. 
Title Block containing the name of the plan preparer, lot and block numbers, date prepared, and date of last amendment.
2. 
North arrow.
3. 
Scale of the map, both written and graphic. The scale shall contain no more than fifty (50) feet to the inch. However, where the scale would result in an unduly large map, the Board may permit a smaller scale.
4. 
Boundaries of the tract with dimensions of the same (metes and bounds).
5. 
Locations of existing easements, deed restrictions, or rights-of-way.
6. 
Locations of streams and other water bodies, wetlands, flood hazard areas.
7. 
Topographic contours or the site and adjacent areas affecting the site. Contour intervals shall be no greater than two (2) feet for slopes of less than or equal to ten (10%) percent and five (5) feet for slopes of greater than ten (10%) percent.
8. 
Spot evaluations at the corners of all buildings.
9. 
Location of principal and accessory building and their setbacks from property lines.
10. 
Location of parking, driveways.
11. 
Location of fences, walls, sidewalks, and similar improvements.
12. 
Location of drainage structures and piping, including invert elevations, pipe sizes, pipe material.
13. 
Location of utility service, including septic systems and their components, sanitary sewers, gas service, electric service, etc.
14. 
Location, size and species of landscaping if requested by the Board.
15. 
Heights calculations in confirmation with the Borough Zoning Ordinance for principal and accessory structures.
16. 
Signature and seal of licensed professional land surveyor.
[Ord. No. 06-10]
No application for a variance, site plan, subdivision, historic review, zoning, sign or soil disturbance shall be deemed to be complete for purposes of commencing the applicable time period for action by the Planning Board unless and until the checklists in the form attached hereto have been completed and all information required therein has been furnished to the Planning Board.
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
[Ord. No. 06-20 § 28-8]
No application of any kind to the Planning Board, including but not limited to subdivision, site plan, variance, planned development or any other application shall be considered nor approval given by the Planning Board unless and until the applicant submits proof to the Planning Board that no taxes or assessments for local improvements are due or delinquent on the property for which the application is being filed. This section shall apply to all applications now pending as well as to all future applications.