[Ord. No. 2-79 § 301]
Every municipal agency shall adopt, and may amend reasonable
rules and regulations, not inconsistent with this chapter, for the
administration of its functions, powers and duties, and shall furnish
a copy thereof to any person upon request and may charge a reasonable
fee for such copy. Copies of all such rules and regulations and amendments
thereto shall be maintained in the office of the Township Clerk.
[Ord. No. 2-79 § 302]
No member of a municipal agency shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
[Ord. No. 2-79 § 303.1]
Every municipal agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
[Ord. No. 2-79 § 303.2]
The municipal agency may provide for special meetings, at the
call of the chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations.
[Ord. No. 2-79 § 303.3]
No action shall be taken at any meeting without a quorum being
present.
[Ord. No. 2-79 § 303.4; Ord. No. 1-80 § 4; Ord. No. 20-84 § 2; Ord.
No. 8-86 § 3]
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 any provision of this chapter or the Municipal Land Use
Law. 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.
[Ord. No. 2-79 § 303.5]
The provisions of the Open Public Meetings Act, N.J.S. 10:4-6
and following, shall be adhered to in connection with meetings of
the municipal agency.
[Ord. No. 2-79 § 304]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
municipal agency and of the persons appearing by attorney, the action
taken by the municipal agency, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Township Clerk. Any interested party shall have the right to compel
reproduction of the minutes for use as 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 use as provided in the rules of the agency.
[Ord. No. 2-79 § 305.1; Ord. No. 1-80 § 5; Ord. No. 20-84 § 3; Ord.
No. 26-90 § 2]
All applicants shall obtain application forms from the board
manager of the municipal agency to which the application is to be
submitted. The board manager shall inform the applicant of the steps
to be taken to initiate the application and of the meeting dates of
the municipal agency.
[Ord. No. 2-79 § 305.2; Ord. No. 20-84 § 3; Ord. No. 21-90 §§ 1 - 2]
The following checklists are hereby made a part of this Article:
|
Checklist
|
Subject
|
|---|---|
|
A
|
General Requirements
|
|
B
|
Subdivision Approval, Site Plan Approval, Variance, Conditional
Use, Appeal, Interpretation
|
Whenever an application form is issued to an applicant, copies
of the checklists listed above shall also be furnished to the applicant.
[1]
Editor's Note: See Checklists in Appendix II to Chapter 30, Land Development included as an attachment to this chapter.
[Ord. No. 2-79 § 305.3; Ord. No. 20-84 § 3]
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the municipal agency or its authorized
committee or designee. Certification as to the completeness of an
application shall be in the form of a written notice mailed to the
applicant at the address set forth in the application.
An application for development shall be incomplete if: a. the
application lacks information indicated on the checklist supplied
to the applicant; and b. the municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
Notice of an incomplete application shall be mailed to the applicant
by certified mail at the address set forth in the application. Such
notice shall be effective upon mailing.
If no certification as to completeness and no notice of incompleteness
is mailed to the applicant within 45 days of submission of an application,
then for purposes of the commencement of the time period for action
by the municipal agency the application shall be deemed to be complete
as of the expiration of such forty-five-day period.
The applicant may request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days of the submission
of the request.
[Ord. No. 2-79 § 305.4; Ord. No. 20-84 § 3]
The fact that an application has been certified to be complete
or is deemed complete by reason of a lack of notice of deficiencies
does not diminish the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The municipality
may at any time require correction of any information found to be
in error and submission of additional information not specified in
the 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 development
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 municipal agency.
[Ord. No. 2-92 § IV; Ord. No. 3-92 § V]
a.
In the Specialty Business Residential District, applications for
development of any tract therein shall take precedence over the applications
for development which will not, as part of the development plan, provide
or make contributions toward the provision for affordable housing
in order that approvals may be expeditiously granted. Waivers from
development standards of this chapter of the Township Code shall be
granted whenever such a waiver is reasonably necessary to facilitate
achievement of 20,000 square feet of office/commercial space as defined
in this chapter.
b.
As an affordable housing zone, applications for development in the
AH District shall take precedence over granting of development approvals
to development which will not, as part of the development plan, provide
or make contributions toward the provision for affordable housing
in order that approvals may be expeditiously granted.
[Ord. No. 2-79 § 306.1; Ord. No. 1-80 § 6-8; Ord. No. 20-84 § 4; Ord. No. 26-90 § 2]
The Planning Board or the Board of Adjustment, as the case may
be, shall hold a hearing on each application for development, except
for minor subdivision applications. The Planning Board shall also
hold a hearing on the adoption, revision or amendment of a Master
Plan. The governing body shall hold a hearing on the adoption or amendment
of a development regulation, an official map or a capital improvements
program.
a.
Rules. The municipal agency shall make the rules governing such hearings.
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 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 Investigations Law,"
P.L. 1958, c. 38 (C2A67A-1, et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the agency may exclude irrelevant, immaterial or
unduly repetitious evidence.
e.
Records. The municipal agency shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical or electronic
means. The municipal agency shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party at his
expense. The municipal agency in furnishing a transcript of the proceedings
to an interested party at his expense shall not charge such interested
party more than the maximum permitted in N.J.S. 2A:11-15, Every transcript
shall be certified in writing by the transcriber to be accurate.
f.
Decisions. The municipal agency shall include findings of fact and
conclusions based thereon in each decision on any application for
development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency 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 Subsection 30-9.4 of this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filing and publications required by Subsections g and h of this Subsection 30-12.1. If the municipal agency 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 agency 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.
g.
Copies. A copy of the decision shall be mailed by the municipal agency
within 10 days of the date of decision to the applicant, or if represented
then to his 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 agency in the office of the Township
Clerk. The Township Clerk shall make a copy of such filed decision
available to any interested party for a reasonable fee and available
for public inspection at his office during reasonable hours.
h.
Publication. A brief notice of the decision shall be published in
the official newspaper of the municipality, if there be one, or in
a newspaper of general circulation in the municipality. Such publication
shall be arranged by the Township Clerk, the Board Manager of the
Planning Board or the Board Manager of the Board of Adjustment, as
the case may be; provided that nothing in this chapter shall be construed
as preventing the applicant from arranging such publication if he
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.
i.
Vote Following Absence. A member of a municipal agency who was absent
from one or more of the meetings at which a hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted
notwithstanding his absence from one or more of the meetings, provided
that such member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the municipal agency that he has read such transcript or listened
to such recording.
[Ord. No. 2-79 § 306.2; Ord. No. 1-80 § 9]
Notices pursuant to Subsection a and b below shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection a below, 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 municipal tax assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection 30-12.1a.
a.
Notice of Applications. Notice pursuant to Subsections 1, 2, 4, 5,
6 and 7 of this provision shall be given by the applicant. Said notices
shall be given at least 10 days prior to the date of the hearing.
1.
Public notice of the hearing required pursuant to Subsection 30-12.1 of this chapter shall be given with respect to all applications for preliminary major subdivision approval and for preliminary site plan approval, provided that public notice shall be given in the event that relief is requested pursuant to Subsection 30-28.4, Subsection 30-47.6, Subsection 30-47.7 or Subsection 30-47.8 of this chapter 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.
2.
Notice of a hearing requiring public notice pursuant to Subsection
30-12.2al shall be given to the owners of all 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: (a) condominium association, in the case of any unit owner
whose unit has a unit above or below it; or (b) horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by: (1) serving a copy thereof
on the property owner as shown on the current tax duplicate or his
agent in charge of the property; or (2) mailing a copy thereof by
certified mail to the property owner at his address as shown on the
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, 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.
3.
Upon the written request of an applicant, the Township Clerk shall within seven days make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to the provisions of Subsection 2 above. 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. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
4.
Notice of hearing on applications for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the clerk of such municipality.
5.
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 200 feet of a municipal boundary.
6.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of hearing on an application for development
of property adjacent to a State highway.
7.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to Subsection 30-12.1a.
b.
Notice Concerning Master Plan. The Planning Board shall give:
1.
Public notice of a hearing on adoption, revision or amendment of
the Master Plan; such notice shall be given by publication in the
official newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality at least 10 days prior
to the date of the hearing;
2.
Notice by personal service or certified mail to the clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
3.
Notice by personal service or certified mail to the County Planning
Board of all hearings on the adoption, revision or amendment of the
municipal Master Plan at least 10 days prior to the date of the hearing;
such notice shall include a copy of any such proposed Master Plan,
or any revision or amendment thereto; and the adoption, revision or
amendment of the Master Plan not more than 30 days after the date
of such adoption, revision or amendment; such notice shall include
a copy of the Master Plan or revision or amendment thereto.
[Ord. No. 2-79 § 306.3]
a.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
b.
Notice by personal service or certified mail shall be made to the
County Planning Board of all hearings on the adoption, revision or
amendment of any development regulation at least 10 days prior to
the date of the hearing, and on the adoption, revision or amendment
of the Municipal Capital Improvement Program or Municipal Official
Map not more than 30 days after the date of such adoption, revision
or amendment. Any notice provided hereunder shall include a copy of
the proposed development regulation, the Municipal Official Map or
the Municipal Capital Program, or any proposed revision or amendment
thereto, as the case may be.
c.
Notice of hearings to be held pursuant to this section shall state
the date, time and place of the hearing and the nature of the matters
to be considered. Any notice by certified mail pursuant to this section
shall be deemed complete upon mailing.
[Ord. No. 2-79 § 306.4; Ord. No. 8-86 § 4]
This chapter and any revision or amendment thereto shall not
take effect until a copy thereof has been filed with the County Planning
Board.
In the event that any revision or amendment to this chapter is in whole or in part inconsistent with or not designed to effectuate the land use plan element of the Master Plan, the revision or amendment shall not take effect until a copy of the resolution required by Subsection 30-29.1 of this chapter shall also have been filed with the County Planning Board.
A copy of this chapter and copies of all revisions and amendments thereto, as well as copies of any resolutions required by Subsection 30-29.1, shall be filed and maintained in the office of the Township Clerk.
An official map shall not take effect until filed with the County
Clerk.
[Ord. No. 2-79 § 307; Ord. No. 1-80 § 10; Ord. No. 20-84 § 5]
Any interested party may appeal to the Township Committee in accordance with the provisions of this chapter from any final decision of the Zoning Board of Adjustment approving an application for development pursuant to Subsection 30-47.4 of this chapter.
[Ord. No. 2-79 § 307.1; Ord. No. 20-84 § 6]
Any such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection 30-12.1h. The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Zoning Board of Adjustment.
[Ord. No. 2-79 § 307.1A; Ord. No. 1-80 § 11]
Unless the appellant shall either:
[Ord. No. 2-79 § 307.2; Ord. No. 20-84 § 7]
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection 30-12.1g and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection 30-12.1e.
[Ord. No. 2-79 § 307.3; Ord. No. 1-80 § 12]
The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection 30-12.1h. unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the municipal agency which rendered the decision from which the appeal was taken.
[Ord. No. 2-79 § 307.4; Ord. No. 1-80 § 13; Ord. No. 20-84 § 8]
The governing body may reverse, remand or affirm with or without the imposition of conditions the final decision of the Zoning Board of Adjustment approving a variance pursuant to Subsection 30-47.4 of this chapter. The review shall be made on the record below. 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 of any final action of the Zoning Board of Adjustment.
A member of the governing body who was absent from one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted notwithstanding
his absence from one or more of the meetings, provided that such member
has available to him the transcript or recording of all of the hearing
from which he was absent and certifies in writing to the governing
body that he has read such transcript or listened to such recording.
[Ord. No. 2-79 § 307.5; Ord. No. 20-84 § 9]
An appeal to the governing body shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the Zoning Board of Adjustment certifies to the
governing body, after the notice of appeal shall have been filed with
that Board, that by reason of facts stated in the certificate a stay
would, in its 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 on application upon notice to the Zoning Board
of Adjustment on good cause shown.
[Ord. No. 2-79 § 307.6]
The governing body shall mail a copy of the decision to the
appellant or if represented then to his attorney, without separate
charge, and for a reasonable charge to any interested party who has
requested it, not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the Township Clerk; provided that nothing contained
herein shall be construed as preventing the applicant from arranging
such publication if he so desires. The governing body may make a reasonable
charge for its publication. The period of time in which an appeal
to a court of competent jurisdiction may be made shall run from the
first publication, whether arranged by the municipality or the applicant.
[Ord. No. 2-79 § 307.7]
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
[Ord. No. 2-79 § 308]
Any power expressly authorized by this act to be exercised by
the Planning Board or the Board of Adjustment shall not be exercised
by any other body, except as otherwise provided in this chapter.
[Ord. No. 2-79 § 309]
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, 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 other
party to protect the public health and welfare or by a directive or
order issued 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
act or under any act repealed by this act, as the case may be, shall
be suspended for the period of time said legal action is pending or
such directive or order is in effect.
[Ord. No. 2-79 § 310.1]
In the event that a developer submits an application for development
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 a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with this act and municipal development regulations,
and, if such application for development complies with municipal development
regulations, the municipal agency shall approve such application conditioned
on removal of such legal barrier to development.
[Ord. No. 2-79 § 310.2]
In the event that development proposed by an application for
development requires an approval by a governmental agency other than
the municipal agency, the municipal agency shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency; provided that the municipality shall make a decision on any
application for development within the time period provided in this
act or within an extension of such period as has been agreed to by
the applicant unless the municipal agency is prevented or relieved
from so acting by the operation of law.
[Ord. No. 2-79 § 311]
There is hereby established in connection with various applications
for development and other matters which are the subjects of this chapter
the following schedule of fees.
[Ord. No. 2-79 § 311.1; Ord. No. 9-79 § 2; Ord. No. 1-80 § 14; Ord.
No. 1-82 §§ 1-3; Ord. No. 10-81 §
1; Ord. No. 10-85 §§ 1-2; Ord. No. 35-85 § 1; Ord.
No. 8-86 § 5; Ord. No. 1-88 §§ 1-2; Ord. No. 20-90;
Ord. No. 94-10 § 1; Ord. No. 2000-026 §§ 2-4]
a.
Application Fees. At the time of an application for development the
applicant shall pay to the Township application fees in accordance
with the following schedule:
1.
Concept Plan: $400.
2.
Minor Subdivision - Simple Lot Line Change: $150.
3.
Minor Subdivision - Three lots or less: $375.
4.
Preliminary Plat - Major Subdivision: $300 plus $150 per lot
5.
Final Plat - Major Subdivision: $300 plus $100 per lot.
6.
Preliminary Site Plan Conventional: $300 plus $50 for each 1,000
square feet or fraction thereof.
7.
Final Site Plan Conventional: One-half of fee for Preliminary Site
Plan.
8.
Preliminary Site Plan Multi-Family: $300 plus $50 per 1,000 square
feet of floor area or fraction thereof.
9.
Final Site Plan Multi-Family: One-half of fee for Preliminary Site
Plan.
10.
Master Development Plan Multi-Family Housing Development: $1,500
plus $50 per dwelling unit.
11.
Waiver of Complete Site Plan Approval: $300.
b.
Technical Review Fees. In addition to the filing fees required by Subsection 30-17.1a, an applicant shall pay fees equal to the costs incurred for the technical review of the application by the Township Engineer, the planning consultant of the Planning Board and any other professional expert or consultant whose review, study, research and reports and/or testimony is deemed necessary by the municipal agency in order to assure compliance with State and Township laws, ordinances, rules and regulations.
Technical review fees shall be calculated in accordance with
the actual time required for review at rates established by a schedule
of professional fees adopted and from time to time amended by resolution
of the Township Committee, which schedule shall be maintained in the
office of the Township Clerk for public inspection.
At the time of filing an application for development the applicant
shall pay to the Township an initial deposit for technical review
fees in accordance with the following schedule:
1.
Concept Plan: $1,000.
2.
Minor Subdivision - Simple Lot Line Change: $750.
3.
Minor Subdivision - Three lots or less: $500 per lot
4.
Preliminary Plat - Major Subdivision: $750 plus $500 per lot.
5.
Final Plat - Major Subdivision: One-half the cost of Preliminary
Plat.
6.
Preliminary Site Plan Conventional: $50 per 100 square feet of gross
floor area.
7.
Final Site Plan Conventional: One-half of fee for Preliminary Site
Plan.
8.
Preliminary Site Plan Multi-Family: $50 per 100 square feet of gross
floor area.
9.
Final Site Plan Multi-Family: One-half of fee for Preliminary Site
Plan.
10.
Master Development Plan Multi-Family Housing Development: $2,500
plus $50 per dwelling unit.
11.
Waiver of Complete Site Plan Approval: 3 times the application fee.
12.
Master Plan Amendment: $750.
13.
Zone Change: $750.
The filing fee and technical review fee initial deposit for
an application to amend a previously approved subdivision or site
plan shall be the same as the respective fees required for an original
application.
There shall be no technical review of a concept subdivision
or a concept site plan unless the applicant specifically requests
a Technical Coordinating Committee review and agrees to pay the technical
review fee of the professional experts or consultants engaged by the
Township for such purpose. Whenever a Technical Coordinating Committee
review of a concept subdivision or site plan is requested, the applicant
shall pay to the Township an initial deposit for technical review
fees in an amount based upon an estimate by the municipal agency of
the technical review fees that will be incurred but in no event less
than $1,000.
Both the application fee and the initial deposit for Technical
Review Fees shall be paid to the Township at the time of filing an
application for development. The technical review fees are to cover
costs incurred for the technical review of the application by the
Township Engineer, Planning Consultants, and any other professional
consultant required to report upon the application in order to assure
compliance with the provisions of this chapter.
Technical review fees shall be calculated in accordance with
the actual time required for review at rates established by a schedule
of professional fees adopted and from time to time amended by resolution
of the Township Committee, which schedule shall be maintained in the
office of the Township Clerk for public inspection.
The initial deposit, as well as any additional fees for technical review shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account as more particularly set forth in Subsection 30-17.10. All interest earned on any account shall be retained in the account until paid over as provided herein and in accordance with Subsection 30-17.10.
The Township Administrator shall from time to time certify to
the Township Committee the costs of the technical review of the application
and costs of reports and/or testimony as determined in accordance
with the aforementioned schedule of professional fees. If the Township
Committee determines the costs as certified to be reasonable, then
such amount shall be withdrawn from the escrow account and paid over
to the Township as an item of miscellaneous revenue.
Prior to any transfer from the escrow account, the Township
Administrator shall notify the applicant by certified mail, return
receipt requested, of the nature and amount of the costs of technical
review, reports and/or testimony which have been approved by the Township
Committee. The applicant may file a written objection with respect
thereto with the Township Clerk within 10 days of the receipt of the
aforesaid notice, in which event a hearing shall be held by the Township
Committee on notice to all parties in interest. After such hearing
the Township Committee may affirm or modify its original approval
of the technical review fee costs by resolution adopted by a majority
of the total membership of the Township Committee, which resolution
shall include findings of fact and conclusions.
An applicant may at any time examine Township records with respect
to an escrow account and expenditures therefrom.
All deposits for technical review fees shall be made prior to
the performance of the professional services which the deposit is
intended to cover.
c.
Additional Escrow Funds Required. Before an application requiring
the deposit of escrow funds shall be deemed complete by the approving
authority, the applicant shall post the required escrow amount with
the Township Clerk in the form of cash, certified check or money order.
Additional escrow funds may be required when the escrow has been depleted
to 20% of the original escrow amount. The Township Clerk shall promptly
notify the appropriate Board when escrow funds have been so depleted.
Professional consultants and experts shall inform the approving authority
as to the additional anticipated costs. The approving authority will
in turn notify the applicant as to the amount of additional escrow
funds which must be posted. No action shall be taken on the application
until adequate additional funds have been deposited by the applicant
with the Township Clerk.
[Ord. No. 2-79 § 311.2; Ord. No. 9-79 § 3; Ord. No. 9-79 § 4; Ord.
No. 20-90; Ord. No. 2000-026 § 5]
A technical review fee initial deposit shall be required in an amount equal to three times the application fee, which fee, as well as any additional technical review fee which may be subsequently required, shall be held and administered in the same manner as technical review fees under Subsection 30-17.1.
|
Type of Application
|
Application Fee
| |
|---|---|---|
|
a.
|
Conditional Use
|
$500
|
|
b.
|
Appeals from decision of a Construction or Zoning Official pursuant to Subsection 30-47.1
|
$200
|
|
c.
|
Interpretation of Zoning Map or Zoning regulations or for decisions on other special questions pursuant to Subsection 30-47.2
|
$200
|
|
d.
|
Variances pursuant to Subsection 30-47.3 from lot area, lot dimensional, setback and yard requirements.
|
$200
|
|
e.
|
Variances from use regulations pursuant to Subsection 30-47.4.
|
$600
|
|
f.
|
Direction pursuant to Subsection 30-47.6 for issuance of a permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an official map.
|
$200
|
|
g.
|
Direction pursuant to Subsection 30-47.7 for issuance of a permit for a building or structure not related to a street.
|
$200
|
|
h.
| ||
|
i.
|
Appeals to the Township Committee pursuant to § 30-13
|
$300
|
[Ord. No. 2-79 § 311.2A; Ord. No. 9-79 § 5; Ord. No. 20-90]
The fee shall be $150.
[Ord. No. 2-79 § 311.3]
Copy of decision of governing body to interested party in connection with an appeal pursuant to § 30-13: $10.
[Ord. No. 2-79 § 311.4]
Publication in newspaper of decision of governing body on an appeal pursuant to § 30-13: Cost of Publication.
[Ord. No. 2-79 § 311.5; Ord. No. 20-80 § 1; Ord. No. 1-82 § 4; Ord.
No. 35-85 § 2; Ord. No.
94-10 § 3]
The developer shall pay fees and costs equal to the expenses
incurred with respect to:
a.
The inspection of on-site, on-tract, off-site and off-tract improvements
constructed or installed by the developer in accordance with the terms
and conditions of subdivision and/or site plan approval;
b.
The testing of materials or construction work performed by the developer
in the event that such testing is deemed necessary by the Township;
c.
The analyses of tests to determine compliance by the developer with
any monitoring standards established by the terms and conditions of
subdivision or site plan approval; and
d.
The inspection of improvements constructed or installed by the developer
for purposes of determining compliance with any maintenance obligations
of the developer.
The improvements constructed or installed to meet the requirements
of subdivision of site plan approval which are the subject of inspection
include the following: pavement subgrade, base course pavement, surface
course pavement, curbing, sidewalks, storm drainage facilities, sanitary
facilities, street signs, topsoil and erosion protection, grading,
landscaping and monuments.
A developer shall whenever feasible give notice at least 24
hours in advance of the undertaking of any work which is the subject
of inspection. Overtime inspection will not be provided unless special
arrangements are made therefor prior to the overtime period.
Inspection fees shall be calculated in accordance with the actual
time required for inspection at rates established by a schedule of
inspection fees adopted and from time to time amended by Resolution
of the Township Committee, which schedule shall be maintained in the
office of the Township Clerk for public inspection.
Inspection costs shall be reasonable expenses for analyses and
tests by a recognized qualified firm plus 15% for administration.
At the time of the grant of final subdivision or site plan approval
by the Planning Board, or prior to the commencement of any work or
improvements before final approval, the developer shall pay to the
Township an initial deposit for inspection fees and costs. Such initial
deposit shall be calculated in accordance with the following table:
|
Estimated Cost of Improvements
|
Initial Deposit
|
|---|---|
|
Less than $5,000
|
7% of the estimated cost
|
|
$5,000 to $49,999
|
$350 plus 6% of excess over $5,000
|
|
$50,000 to $150,000
|
$3,050 plus 4% of excess over $50,000
|
|
Over $150,000
|
$7,500 plus 2% of excess over $150,000
|
|
The estimated cost of improvements shall be established by the
Township Engineer and shall be based upon current charges by contractors
for work of a similar nature and shall include a 20% contingency.
|
|
Each deposit made by a developer for inspection fees and costs shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account as more particularly set forth in Subsection 30-17.10.
|
|
All interest earned on any account shall be retained in the account until paid over as provided herein and in accordance with Subsection 30-17.10.
|
|
The Township Administrator shall from time to time certify to
the Township Committee inspection fees as determined in accordance
with the aforementioned schedule of inspection fees adopted by the
Township Committee, as well as any inspection costs. If the Township
Committee determines the fees and/or costs as certified to be reasonable,
then the amount thereof shall be withdrawn from the escrow account
and paid over to the Township as an item of miscellaneous revenue.
|
|
Prior to any transfer from an escrow account, the Township Administrator
shall notify the developer by certified mail, return receipt requested,
of the nature and amount of the inspection fees and/or costs which
have been approved by the Township Committee. The developer may file
a written objection with respect thereto with the Township Clerk within
10 days of the receipt of the aforesaid notice in which event a hearing
shall be held by the Township Committee on notice to all parties in
interest. After such hearing the Township Committee may affirm or
modify its original approval of the inspection fees and/or costs by
resolution adopted by a majority of the total authorized membership
of the Township Committee, which resolution shall include findings
of fact and conclusions.
|
|
A developer may at any time examine Township records with respect
to the trust account and expenditures therefrom.
|
|
All deposits for inspection fees and costs shall be made prior
to the performance of the inspection services which the deposit is
intended to cover.
|
|
In the event that the initial deposit made by an applicant is
not sufficient to cover all inspection fees and/or costs with respect
to the development for which the deposit was made, upon request by
the Township the developer shall make such further deposit or deposits
as may be necessary to cover further inspection fees and/or costs.
|
|
After the issuance of a report by the Township Engineer that
all subdivision and/or site plan improvements have been completed,
inspected and approved, and after all inspection fees and/or costs
have been paid from the escrow account for the development, the Township
Treasurer shall refund to the developer all deposit monies remaining
in the escrow account, together with the interest, if any, which the
developer is entitled to receive. After the interest which the Township
is entitled to receive is paid over to the Township, the escrow account
shall be terminated.
|
|
Inspection shall not relieve the developer from the obligation
of performing work strictly in accordance with the plans and specifications
approved therefor or the obligation of performing work in a workmanlike
manner using first-class materials. Until such time as the Township
Committee shall approve the construction and installation of any improvements
by a resolution adopted pursuant to the provisions of N.J.S. 40:55D-53,
any improvement not meeting the aforesaid plans, specifications or
standards shall be replaced, reconstructed or repaired by the developer
despite any previous oversight or error in inspection.
|
a.
Situations may occur in which expenses necessary in processing applications
for development or in acting upon appeals are not otherwise provided
for and covered by the fees set forth in the preceding articles of
this chapter. Such expenses may involve extensive studies of applications
and testimony by experts, consultants or other individuals including
engineering, land use, planning and environmental consultants, or
expenses incurred in connection with holding special meetings, including
attorneys' fees. In the event that any such situations occur, the
Planning Board, Zoning Board of Adjustment or Township Committee,
as the case may be, before rendering a decision, whether preliminary
or final in nature, may require that the applicant or appellant pay
such additional fees as may be required for reimbursement of such
additional expenses not otherwise provided for by this chapter.
b.
In addition to all other fees specified in this chapter, an applicant
or appellant shall pay the actual costs incurred by the Planning Board,
Zoning Board of Adjustment or Township Committee, as the case may
be, for recording verbatim, by use of a shorthand reporter or stenographer,
all public hearings whether regular or special, in excess of three
hearings upon any application for development or appeal to the Township
Committee, as well as the furnishing of copies of transcripts of any
such hearing required by the applicant, appellant, Planning Board,
Zoning Board of Adjustment or Township Committee, as the case may
be, in consideration of the application or appeal.
[Ord. No. 2-79 § 311.6]
a.
All fees required by this chapter shall be paid by check or money
order drawn to the order of the Township of Chatham. Any check for
fees in excess of $500 shall be in the form of a certified or bank
check, or an attorney's bank or trust check. Except as otherwise provided,
all fees shall be paid at the time of the filing of any application
or appeal and shall be submitted with the application or appeal.
b.
All permits, determinations, resolutions, decisions or certificates
of approval are subject to the payment of all fees provided for in
this chapter, and no approvals shall be given or decisions rendered
by the Planning Board, Zoning Board of Adjustment or Township Committee,
as the case may be, until proof has been submitted that all requisite
fees have been paid to the Township.
c.
In the event that an applicant shall fail to pay within 30 days,
upon written notification by the Township Clerk, any and all fees
required by this chapter, the fees shall be charged against the property
which is the subject of the application, and the amount so charged
shall become a lien and a tax upon the property and be added to and
be part of the taxes next to be assessed and levied thereon, and enforced
and collected with interest by the same officers and in the same manner
as other taxes.
[Ord. No. 2-79 § 311.7; Ord. No. 2000-026 § 6; Ord. No. 2005-11 § 1]
[Ord. No. 2-79 § 311.8]
The payment of fees pursuant to the provisions of this chapter
shall not relieve an applicant from the payment of any other fees
required by any other chapter or provision thereof.
[Ord. No. 94-10 § 4]
Each deposit for technical review fees, inspection fees and
costs, performance guarantees, maintenance guarantees or monies otherwise
held in escrow for an applicant or developer pursuant to this chapter,
shall be held in escrow by the Township in an account separate from
the general funds of the Township and separate from any other account.
The account shall be in a banking institution or savings and loan
association in this State insured by an agency of the Federal Government,
or in any other fund or depository approved for such deposits by the
State, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposits.
The Township Treasurer shall notify the applicant in writing of the
name and address of the institution or depository in which the deposit
is made and the amount of the deposit. For a given subdivision or
site plan application there shall be separate accounts for the concept,
preliminary and final application stages.
