[Ord. No. 00-04 § VII]
There is hereby established pursuant to N.J.S.A. 40:55D-23 et
seq. in the Township, a Planning Board of nine members consisting
of the following four classes and two alternate members. All members
of the Planning Board, except for the Class II members set forth below,
shall be municipal residents.
a.
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor.
b.
Class II: One of the officials of the Township of Millstone, other
than a member of the Township Committee, to be appointed by the Mayor,
provided that if there is an Environmental Commission, the member
of the Environmental Commission who is also a member of the Planning
Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the
Class II Planning Board member if there are both a member of the Zoning
Board of Adjustment and a member of the Board of Education among the
Class IV or alternate members of the Board.
c.
Class III: A member of the Township Committee to be appointed by
it.
d.
Class IV: Six other citizens of the Township of Millstone to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board,
as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board
member, unless there are among the Class IV or alternate members of
the Planning Board both a member of the Zoning Board of Adjustment
or Historic Preservation Commission and a member of the Board of Education,
in which case the member of the Environmental Commission shall be
deemed to be the Class II member of the Planning Board. For the purposes
of this paragraph, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of a municipal office.
e.
Alternate Members.
1.
Alternate members shall be appointed by the Mayor and shall meet
the qualifications of Class IV members of nine member Planning Boards.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2."
2.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification 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 is to vote, Alternate
No. 1 shall vote.
3.
No alternate member shall be permitted to act on any matter in which
he or she has either directly or indirectly any personal or financial
interest.
4.
An alternate member may, after public hearing if he or she requests
one, be removed by the Township Committee for cause.
a.
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 year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
b.
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
c.
All Class IV members shall be appointed for terms of four years,
except as otherwise herein provided. All terms shall run from January
1 of the year in which the appointment was made.
d.
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only.
If a vacancy of any class shall occur otherwise than by expiration
of a term, it shall be filled by appointment as above provided for
the unexpired term.
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member's personal or
financial interest therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are a minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest therein, whether direct
or indirect. If a choice has to be made between regular members of
equal seniority, the Chairman of the Board of Adjustment shall make
the choice.
[Ord. No. 00-04 § VII]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary who may be either
a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance. An alternate
member shall not serve as Chairman or Vice Chairman of the Planning
Board.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and fix the compensation of
or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an Attorney other than the Township Attorney.
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.
[Ord. No. 10-18 § I; Ord. No. 12-02 § 2]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make, adopt and amend the Township Master Plan in accordance with
N.J.S.A. 40:55D-28 et seq. and periodically reexamine pursuant to
N.J.S.A. 40:55D-89 and 89.1, the Master Plan and development regulations
contained in this chapter for the physical development of the Township
including any areas outside the boundaries, which in the Board's judgment
bear essential relation to the planning of the Township, in accordance
with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision and site plan
review regulations of the Township of Millstone in accordance with
the provisions of this chapter and the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
c.
To approve conditional use applications in accordance with and pursuant
to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as a part of a continuous
planning process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years and amendments thereto, and recommend
same to the Township Committee.
g.
To consider and make a report to the Township Committee, within 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
pass upon other matters specifically referred to the Planning Board
by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
h.
When reviewing applications for approval of subdivision plats, site
plan or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional,
setback and yard requirements, provided that such relief from lot
area requirements shall not be granted for more than one lot.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for
a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street. Whenever relief
is requested pursuant to this paragraph, notice of a hearing on the
application for development shall include reference to the request
for a variance or direction for issuance of a permit, as the case
may be.
j.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies or officers.
Conditional uses, as enumerated, shall be permitted upon approval
by the Planning Board.
a.
Application. The application shall be filed with the Secretary of
the Planning Board and shall include information with respect to the
following:
b.
Required Findings by the Planning Board. Prior to recommending the
granting of a conditional use permit, the Planning Board shall require
that the conditional use requested meets the following minimum general
criteria:
1.
The use is a conditional use as set forth herein.
2.
The use will be compatible with adjoining development and the general
character proposed for the district in which it is to be located.
3.
The use will not cause substantial injury to the value of the property
in the neighborhood in which it is to be located.
4.
The use is so designed, located and proposed to be operated that
the public health, safety, welfare and convenience will be protected.
5.
Adequate off street parking and/or loading are provided in compliance
with the provisions of this chapter, and ingress and egress are so
designed as to cause a minimum of interference with traffic or abutting
streets.
6.
Adequate screening and landscaping are provided.
7.
The use conforms to all applicable regulations governing the district
in which it is to be located.
8.
The tract on which the building or structure is proposed to be erected
shall be adequately drained and so certified by the Board Engineer.
c.
Review.
1.
After receipt, the Planning Board shall hear the application in the
manner and under the same procedure as it is empowered by law and
ordinance to hear conditional uses under N.J.S.A. 40:55D-67. After
a public hearing, the Planning Board may grant or deny the conditional
use, including the site plan review, based upon the facts of each
case.
2.
The review by the Planning Board of a conditional use shall include
any required site plan review pursuant to Article 6 of the Municipal
Land Use Law. The time period for action by the Planning Board on
conditional uses shall apply to such site plan review. See N.J.S.A.
40:55D-67. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act shall be issued on request of the applicant.
3.
The Board shall grant or deny the application within 95 days of submission
of a complete application by the developer to the Secretary of the
Planning Board or within such further time as may be consented to
by the applicant.
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of the 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 County Recording Officer,
the Township Engineer and the Township Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
b.
Preliminary Approval of Major Subdivisions. Upon submission of a
complete application for a subdivision of 10 or fewer lots, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of such submission of a completed application or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than 10 lots,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 35-3-1.8h, of this section, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the
date of the signing of the plat, unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of the signing of the plat.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq., shall be filed with the Secretary of the Planning Board. The
applicant shall file, at least 14 days before the date of the monthly
meeting of the Board, 10 copies of a sketch plat, three copies of
an application for minor subdivision approval, or three copies of
an application for major subdivision approval, three copies of an
application for a site plan review, conditional use approval or planned
development. At the time of filing the application, but in no event
less than 10 days prior to the date set for the 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.
The applicant shall obtain all necessary forms from the Secretary
of the Planning Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate applications and of
the regular meeting dates of the Board.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township
of Millstone, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted to the Planning Board. Failure of the Planning Board to
make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
The Mayor may appoint one or more persons as a Citizens Advisory
Council to assist or collaborate with the Planning Board in its duties,
but such person or persons shall have no power to vote or take other
action required of the Board. Such person or persons shall serve at
the pleasure of the Mayor.
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:67-1 et seq.) shall apply.
A Zoning Board of Adjustment is hereby established pursuant
to N.J.S.A. 40:55D-69 et seq. consisting of seven regular members
and two alternate members who shall be residents of the Township and
shall be appointed by the Mayor. Alternate members shall be designated
at the time of appointment by the authority appointing them as "Alternate
No. 1" and "Alternate No. 2." The term of each regular member shall
be four years; and the term of each alternate member shall be two
years. No member may hold any elective office or position under the
Township of Millstone. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that a choice must be made as
to which alternate member is to vote, Alternate No. 1 shall vote.
The Zoning Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall also select a Secretary, who may
or may not be a Board member or municipal employee.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Township Attorney.
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
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.
[Ord. No. 12-02, § 2]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, but not by way of limitation,
the authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter
or any term, clause, sentence or word hereof and the Zoning Map in
accordance with the general rules of construction applicable to legislative
enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and impressed upon it by Statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent Statutes in such case made and provided, and in compliance with Chapter 2, Article 8, § 2-70, of the Revised General Ordinances of the Township of Millstone, and shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeal or application may properly be filed with the Board for its decision thereon.
[1971 Code § 37-20]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department, board or bureau of the Township of Millstone
affected by any decision of the Administrative Officer. Each appeal
shall be taken within the 20 days prescribed by the Statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with three copies of the notice with the Secretary of the
Board of Adjustment. The notice of appeal shall specify the grounds
for the appeals. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the records upon
which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 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 provisions of
this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment 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 otherwise than by order of the Superior Court of New
Jersey on notice to the officer from whom the appeal is taken and
on due cause shown.
[1971 Code § 37-21]
In exercising the above mentioned power, the Board of Adjustment
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.
[Ord. No. 07-08 § 1]
a.
Any approved variance from the terms of this chapter hereafter granted
by the Zoning Board of Adjustment pursuant to either N.J.S.A. 40:55D-70c
or d of the Municipal Land Use Law shall expire within 12 months of
the adoption of the resolution memorializing such approval unless
construction of each and every structure within the subject development
has commenced within the twelve-month time period, except in accordance
with the following:
1.
Any variance granted by the Board of Adjustment pursuant to N.J.S.A.
40:55D-70 c or d of the Municipal Land Use Law which was approved
in conjunction with an approval by the Board of a site plan or subdivision
shall not be subject to the twelve-month expiration time period, but
shall be governed by the applicable provisions within Article 6 of
the Municipal Land Use Law.
2.
The twelve-month expiration time period may be extended by the Board
of Adjustment for an additional six months upon application to the
Board and a showing of good cause by the applicant. An application
for an extension of time must be filed with the Board of Adjustment
within 18 months from the adoption of the resolution memorializing
the approval of the subject variance.
3.
In the instance of an appeal from an approval of a variance by the
Board of Adjustment to either the Township Committee, if permitted,
or to the Superior Court, the expiration time period shall be tolled
until the appeal is adjudicated.
b.
In the instance where an applicant elects to submit a separate application
for a variance pursuant to N.J.S.A. 40:55D-70 d and a subsequent application
for any required approval of a subdivision, site plan or conditional
use, the subsequent application for the subdivision, site plan and
or conditional use shall be filed with the Board of Adjustment within
12 months of the adoption of the resolution memorializing the approval
of the subject variance or the subject variance shall be deemed to
have expired.
a.
The Board of Adjustment shall have such powers as are granted by
law to:
1.
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 official or agency based on or made in the enforcement
of the zoning regulations of this chapter.
2.
Hear and decide requests for interpretations of the Zoning Map or
Zoning Ordinance or for decisions upon other special questions upon
which the Board is authorized by this chapter to pass.
3.
(a)
Where by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situations
or conditions of such piece of property the strict application of
any regulation in the zoning regulations would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the owner of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application so as to relieve such difficulties or hardship;
(b)
Where in an application or approval relating to a specific piece
of property the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq. would be advanced by a deviation from the zoning regulation
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance; provided, however, that
no variance shall be granted under this subsection to allow a structure
or use in a district restricted against such structure or use; and
further provided 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 shall review a request
for a variance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-60a.
4.
In particular cases and for special reasons, grant a variance to
allow departure from zoning regulations to permit (a) a use or principal
structure in a district restricted against such use or principal structure,
(b) an expansion of a nonconforming use, (c) deviation from a specification
or standard pertaining solely to a conditional use, (d) an increase
in the permitted floor area ratio, (e) an increase in the permitted
density except as applied to the required lot area for a lot or lots
for detached one or two dwelling unit buildings which lot or lots
are either an isolated undersized lot or lots resulting from a minor
subdivision or (f) a height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure. A variance under this subsection shall be granted
only by affirmative vote of at least five members.
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and zoning ordinance.
In respect to any airport safety zones delineated under the "Air Safety
and Zoning Act of 1983," (N.J.S.A. 6:1-80 et seq.) no variance or
other relief may be granted under the terms of this section permitting
the creation or establishment of a nonconforming use which would be
prohibited under the standards promulgated pursuant to that act except
upon issuance of a permit by the Commissioner of Transportation. An
application under this section may be referred to any appropriate
person or agency for its report; provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
b.
No variance or other relief may be granted under the provisions of
this subsection unless the variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning regulations.
c.
Any application under this section may be referred to any appropriate
person or agency, including the Planning Board, for its report, provided
that such reference shall not extend the period of time within which
the Zoning Board of Adjustment shall act.
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 35-3-2.10, have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-35 for a
building or structure not related to a street.
b.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of the Municipal Land Use Law, N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to § 35-3-2.10a4 of this chapter.
c.
The Board of Adjustment shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt a
resolution reporting its findings on zoning provisions which were
the subject of variance requests and its recommendations for zoning
amendments or revisions, if any. The Board of Adjustment shall send
copies of the report and resolution to the Township Committee and
Planning Board.
The Board of Adjustment shall render its decision not later
than 120 days after the date that an application is taken from the
decision of an administrative office or not later than 120 days after
the date of the submission of a complete application for development
to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure
of the Board to render a decision within such 120-day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
No member of the Planning Board or Zoning Board of Adjustment
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.
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process or for lack of a quorum.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum, except as
otherwise required by any provision of N.J.S.A. 40:55D-32, 40:55D-34,
40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17, 40:55D-26, 40:55D-70.
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 either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
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 and 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 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.
All fees for any application to or for the rendering of any
service by the Planning Board or the Zoning Board of Adjustment or
by any member of their respective administrative staffs shall be as
established by ordinance. Copies of the adopted fee schedules shall
be available to the public. The amount of any fee for an informal
review of a concept plan for development for which the developer intends
to prepare and submit an application for development shall be a credit
toward the fees for any subsequent review of the same application
for development, provided that the formal application is submitted
within two years after the date of submission of the informal concept
plan.
[Ord. No. 00-04 § VIII]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
N.J.S.A. 2A:67A-1 et seq., shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Hearing Recordings and Transcripts. Each Board shall provide for
the verbatim recording of the hearings by stenographic, mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his/her
expense. The Board, in furnishing a transcript or tape of the proceedings
to an interested party at his/her expense, shall not charge such interested
party more than the actual cost of preparing the transcript or tape.
Transcripts shall be certified in writing by the transcriber to be
accurate.
[Ord. No. 00-04 § IX]
a.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
1.
Public notice shall be given by publication in the official newspaper
of the Township of Millstone at least 10 days prior to the date of
the hearing.
2.
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of N.J.S.A. 40:55D-49 and Subsection b of N.J.S.A. 40:55D-52; for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) minor conventional site plan review pursuant to N.J.S.A. 40:55D-46 and Section 35-9[1] of this chapter, (2) minor subdivisions pursuant to N.J.S.A.
40:55D-47 or (3) final approval pursuant to N.J.S.A. 40:55D-50. Public
notice shall also be given in the event that relief is requested pursuant
to N.J.S.A. 40:55D-60 or 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 Township,
if there be one, or in a newspaper of general circulation in the Township.
[1]
Editor's Note: So in original.
3.
Notice of a public hearing requiring public notice shall be given
to the owners of all real property as shown on the current tax duplicates,
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 (1) condominium association, in the case
of any unit owner whose unit has a unit above or below it, or (2)
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 said
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 said current tax duplicate.
4.
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.
6.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection 2 above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
7.
Notice shall be given by personal service or certified mail to the
Monmouth County Planning Board of a hearing on an application for
development of property adjacent to a 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.
8.
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.
9.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
10.
Notice to Public Utilities.
(a)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to Subsection a of this section shall be given in the case of a public utility, cable television company or local utility which possess a right-of-way or easement within the municipality and which has registered with the municipality in accordance with Subsection 10(b) below, by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility, or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on the form.
(b)
Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection 10(a), above and N.J.S.A. 40:55D-12h, may register with the Township if the public utility, cable television company or local utility has a right-of-way or easement in the Township. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
(c)
The Administrative Officer (Tax Assessor) shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the municipality pursuant to Subsection 10(b) above. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection 10(a) above and N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in § 35-3-3.6 of this chapter and N.J.S.A. 40:55D-12c.
b.
All notices hereinabove specified in this subsection shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
c.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
d.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; 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 Township Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
e.
List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer, the Township Tax Assessor, shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee of $0.25 per name, or $10, 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 pursuant to § 35-3-3.6a2 of this section. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h and § 35-3-3.6a7(b) of this chapter. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding.
[1]
Editor's Note: § 35-3-3.6A, Sign Posting Requirement
for Hearings, adopted by Ordinance. No. 06-02, was repealed in its
entirety by Ordinance No. 06-09.
[Ord. No. 00-04 § X; Ord. No. 00-26 § V]
a.
Voting Conditions. A member of the Planning Board or Board of Adjustment
who was absent for one or more of the meetings at which a hearing
was held or was not a member of the Board at that time, 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, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent or was not a member,
and certifies in writing to the Board that he has read such transcript
or listened to such recording.
b.
Resolutions. Each decision on any application for development shall
be set forth in writing as a resolution of the Board. The Board shall
include findings of fact and conclusions based thereon in each decision
on any application for development and shall reduce the decision to
writing. The Board shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
for action by the Board 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 Board who
voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution. If only one member who voted for the action
attends the meeting at which the resolution is presented for adoption,
the resolution may be adopted upon the vote of that member. An action
pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion
to approve an application) shall be memorialized by resolution as
provided above, with those members voting against the motion for approval
being the members eligible to vote on the memorializing resolution.
The vote 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
Board; however, the date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings and
publications required by N.J.S.A. 40:55D-10h and i. If the Board fails
to adopt a resolution or memorializing resolution as hereinabove specified,
any interested party may apply to the Superior Court in a summary
manner for an order compelling the 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.
c.
Distribution of Decision. A copy of the decision shall be mailed
by the Board within 10 days of the date of decision to the applicant
or if represented, then to his 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 services. A copy of the decision shall also be filed in the office
of the Township Clerk, who shall make a copy of such filed decision
calculated in the same manner as those established for copies of other
public documents in the Township.
[Ord. No. 00-16 § V;
amended 12-6-2023 by Ord. No. 23-17]
A brief notice of every final decision shall be published in the official newspaper of the Township of Millstone. Such publication shall be the responsibility of the Secretary of the Planning Board or Zoning Board of Adjustment. Said notice shall be sent to the official newspaper for publication within 10 days of the date of such decision requesting an affidavit of publication. This must be completed prior to the final execution of any plans or resolutions pursuant to a decision which requires publication. The fee for the publication of a notice of decision shall be submitted at the time of application, in accordance with the fee schedule (Subsection 35-3-9.4).
[Ord. No. 10-02 § I]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application. Pursuant to § 35-9-2.1 hereof and Schedule 4 referred to in that section, all applications must be accompanied by proof that real estate taxes are current. If, at the time application approval is granted taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon the prompt payment of such taxes or assessments.
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the Township of Millstone based on or made in the enforcement of the Zoning provisions of this chapter or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 35-3.2.7a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law (N.J.S.A. 40:55D-69 et seq.).
An appeal from any decision of the Zoning Board of Adjustment
granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d
may be taken to the Township Committee, provided that such appeal
shall be made within 10 days of the date of publication of such final
decision of the Zoning Board of Adjustment.
The Township Committee may from time to time, on its own motion,
or on petition, after public notice in accordance with N.J.S.A. 40:55D-63
and public hearing, amend, supplement, or change regulations and districts
established by the Millstone Township Land Use and Development Regulations.
Immediately upon adoption of any amendments, the Township Clerk
shall file a copy of the Ordinance with the Monmouth County Planning
Board as required by law. The Clerk shall also file with said County
Planning Board copies of all ordinances of the Township relating to
land use, such as the subdivision, zoning and site plan review provisions
of this chapter.
a.
Notice of a hearing on an amendment to the zoning regulations and
Zoning Map proposing a change to the classification or boundaries
of a zoning district, exclusive of classification or boundary changes
recommended in a periodic general reexamination of the master plan
by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given
at least 10 days prior to the hearing by the Township Clerk to the
owners of all real property as shown on the current tax duplicates,
located, in the case of a classification change, within the district
and within 200 feet in all directions of the boundaries of the district,
and located, in the case of a boundary change, within 200 feet in
all directions of the proposed new boundaries of the district which
is the subject of the hearing.
b.
A notice pursuant to this section shall state the date, time, and
place of the hearing, the nature of the matter to be considered and
an identification of the affected zoning districts and proposed boundary
changes, if any, by street names, common names or other identifiable
landmarks, and by reference to lot and block numbers as shown on the
current tax duplicate in the Township Tax Assessor's office.
c.
Notice shall be given by: 1) serving a copy thereof of the property
owner as shown on the said current tax duplicate, or his agent in
charge of the property, or 2) mailing a copy thereof by certified
mail and regular mail to the property owner at his address as shown
on the said current tax duplicate.
d.
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 boundaries of the district
which is the subject of the hearing, may be made in the same manner
as to a corporation, in addition to notice to units owners, co-owners,
or homeowners on account of such common elements or areas.
e.
The Township Clerk shall execute affidavits of proof of service of
the notices required by this section, and shall keep the affidavits
on file along with the proof of publication of the notice of the required
public hearing on the proposed zoning change. Costs of the notice
provision shall be the responsibility of the proponent of the amendment.
A protest against any proposed amendment or revision of a zoning
regulation or district change may be filed with the Township Clerk,
signed by the owners of 20% or more of the area either; 1) of the
lots or land included in such proposed change, or 2) of the lots or
land extending 200 feet in all directions therefrom inclusive of street
space, whether within or without the Township. Such amendment or revision
shall not become effective following the filing of such protest except
by the favorable vote of two-thirds of all the members of the governing
body of the Township.
There is hereby created the office of Zoning Officer who shall
have the following duties and responsibilities:
[Ord. No. 12-02 § 2]
The provisions of this chapter shall be administered by the Zoning Officer of the Township. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter or of Chapter 2, Article 8, § 2-70, of the Revised General Ordinances of the Township of Millstone. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any buildings, plans or premises to be inspected or examined and to order in writing the remedying of any condition found to exist in violation of any provisions of this chapter and he shall have the right to enter any building or premises during the daytime in the course of his duties.
It shall be the duty of the Zoning Officer to keep a record
of all applications for zoning permits, a record of all permits issued
and a record of all Certificates of Occupancy together with a notation
of all special conditions involved. He shall file and safely keep
copies of all plans submitted and the same shall be public records.
The Zoning Officer shall prepare a monthly report for the Township
Committee summarizing zoning permits and Certificates of Occupancy
issued by him, all complaints of violations and the action taken by
him consequent thereon. A copy of each such report shall be filed
with the Township Tax Assessor at the same time it is filed with the
Township Committee.
The prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. An application pursuant hereto may be made
to the Zoning Officer within one year of the adoption of the ordinance
which rendered the use or structure nonconforming or at any time to
the Zoning Board of Adjustment.
At the time of submission of the application, the applicant shall pay a fee as stated in § 35-3-9, for the issuance of the certificate, said fee made payable to the Township of Millstone. Denial by the Zoning Officer of the certificate pursuant to this subsection shall be appealable to the Board of Adjustment, pursuant to N.J.S.A. 40:55D-72 through 75. At the time of submission of an application to the Zoning Board of Adjustment, or at the time of filing an appeal to the Zoning Board of Adjustment, the applicant shall pay a fee as specified in Article 3, § 35-3-9, to the Township. Any interested party desiring to appeal the official action of the Zoning Board of Adjustment on the issuance or denial of a certificate of nonconforming use may seek a review by the Superior Court of New Jersey as provided by law.
[Ord. No. 99-07 § II]
Zoning permits shall be secured from the office of the Zoning Officer prior to construction, erection or alteration of any structure, building or sign; or part of a structure or building; or upon a change in the use of a structure, building or land. A Zoning Permit must be applied for and received simultaneously with or before the issuance of any building permit or Certificate of Occupancy. No Zoning Permit shall be issued if any taxes or assessments for local improvements are due or delinquent on the property for which the application for a Zoning Permit is made. In the event any portion of the construction, erection or alteration of any structure shall include activity described in Article 10, no Zoning Permit shall be issued until acceptable performance guarantees are posted.
Application for any conditional use permit as permitted by this
chapter shall be made to the Planning Board through the Zoning Officer.
The Planning Board may thereafter authorize the Zoning Officer to
issue a zoning permit at such time as the applicant has also been
granted site plan approval by the Planning Board, or required.
Certificates of Occupancy shall be issued by the Construction
Official in the manner prescribed in the Uniform Construction Code.
Such Certificate of Occupancy shall additionally certify that all
provisions of this chapter have been complied with in respect to the
property or structure in question. Such certification shall be issued
by the Zoning Officer.
On the serving to the owner of notice by the Zoning Officer
of any violations of any of the provisions or requirements with respect
to any building or use thereof or of land as regulated by this chapter,
the Certificate of Occupancy for such use shall be deemed to be void
and in violation of this chapter, subject to the penalties hereinafter
prescribed. A new Certificate of Occupancy shall be required for any
further use of such building or land.
It is hereby declared to be the intent of the Township to suspend
land use approvals, whether granted under this chapter or the prior
Zoning Ordinance, Site Plan Ordinance or Subdivision Ordinance, whenever
a developer commits a material breach of same, inimical to public
safety or welfare.
a.
In the event that a developer has, in the judgment of the Township
Engineer, committed a material breach of the terms of its approval,
and thereby threatens the public health, safety or welfare, the Engineer
shall notify the developer immediately in writing, specifying the
breach, the remedy the Township Engineer believes necessary and the
time within which the breach is to be cured.
b.
The Township Engineer shall cause a copy of the notice to be served
on the developer by personal service at the job site on a representative,
employee, agent or contractor of the developer and by causing a copy
to be sent to the developer's address as shown in the developer's
agreement or, if there be none, as shown on the application for approval.
c.
In the event that the developer has not cured the breach within the
time specified the Township Engineer may, at the next regular or special
Planning Board meeting of which the developer has been given notice,
cause a hearing to be held as to whether the developer should be found
to have breached the terms of the approval as described above. In
the event that the
Board finds that the developer has breached the terms of any
approvals the Board may declare that the approvals are suspended.
The notice of the hearing before the Board may be given to the developer
at the same time as the initial notice of breach.
d.
The hearing before the Planning Board shall be conducted procedurally
in the same manner pursuant to statute as a hearing on an application
for development. It shall be the obligation of the Board Engineer
to establish by a preponderance of the evidence that the developer
has breached the terms of the approval and that the breach constitutes
an immediate threat to public safety and welfare. The developer may
present such evidence and argument as are relevant to the consideration
of the Planning Board.
e.
In the event that the Planning Board finds a material breach and
votes to suspend approvals previously given, the Board shall notify
all Township agencies of the suspension. Thereafter all Township agencies
shall cease to undertake any inspections or permit review procedures
based on the approved status of the development, nor shall any further
activities be allowed on site which are not essential for public safety
to stabilize the site during the suspension.
f.
The Board resolution of suspension shall specify:
1.
The breach;
2.
Its specific effect on the public health, safety and welfare;
3.
The specific remedial activities the developer must undertake to
cure same;
4.
Whether the Township Engineer can after inspection of any curative
activities, if satisfied that the breach has been cured, authorize
a resumption of all site work pending formal Board action to rescind
the suspension.
g.
In the event that the developer does not complete the curative work
within a month, weather permitting, the Board may recommend to the
Township Committee such litigation as may be necessary in order to
seek permanent relief against the developer.
The applicant/developer shall, at the time of filing an application,
pay a fee to the Township of Millstone by cash, certified check, or
money order in accordance with the Fee Schedule set forth in this
section.
The application fees set forth in the Fee Schedule, other than
escrow fees, shall be non-refundable and are for the purpose of offsetting
in-house administrative, clerical and technical costs, exclusive of
expenses for professional consultants, such as legal, planning, engineering
and other professional fees, costs and expenses, except as otherwise
noted in the Fee Schedule. The fee to be paid shall be the sum of
the fees for the component elements of the plat or plan. Proposals
requiring a combination of approvals, such as subdivision, site plan
and/or variances, shall require a fee equal to the sum of the fees
for each element of the approval.
a.
The escrow fees required by the Fee Schedule shall be for the purpose
of reimbursing the Township for direct fees, costs, charges and expenses
of professional consultants retained by or on behalf of the Township,
its boards, commissions or agencies in reviewing, testifying, and/or
assisting the Township in processing applications pursuant to this
chapter and/or assisting the Township in the evaluation, planning
and proper design of municipal services and facilities in order to
meet the needs of the proposed project.
b.
The escrow fees required by the Fee Schedule shall be deposited with
the Township at the time the initial development documents are submitted
and shall remain in an interest bearing escrow account in accordance
with N.J.S.A. 40:55D-53.1. Whenever the amount of fees paid to the
Township pursuant to the Fee Schedule, or any cash performance or
maintenance guarantees posted with the Township by the applicant/developer,
shall exceed $5,000, the Township shall notify the applicant in writing
of the name and address of the depository and the amount of the deposit.
If the amount of the interest earned on the cash deposit exceeds $100
per annum, that entire amount shall belong to the applicant/developer
and shall be refunded to him by the Township annually or at the time
the deposit is repaid or applied to the purposes for which it was
originally deposited, as the case may be, except that the Township
may retain for administrative expenses not more than 33 1/3%
of that entire interest amount.
1.
Notwithstanding
anything herein to the contrary, in the event that required escrow
fees, as calculated by the fee schedule, exceed the sum of $75,000
in the aggregate, then there shall be an initial deposit in the amount
of $75,000. As the application progresses and the escrow account is
drawn upon, the applicant shall make additional deposits in order
to replenish the escrow account to a minimum balance of $20,000.
[Added 3-18-2020 by Ord. No. 20-06]
c.
Professional and Staff Charges, Costs and Method of Determination. The Township shall make all of the payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon the Fee Schedule adopted herewith. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The Township shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection b of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a professional are provided by the Township, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying 1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by 2) the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when the fees are not reimbursed or otherwise imposed by on applicants or developers.
d.
Escrow Payments. Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements, shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the service is performed, the hours spent to one-quarter
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Township
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer. If the services are provided by a
municipal employee, the municipal employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required on a voucher, on a monthly basis. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant. The
Chief Financial Officer shall prepare and send to the applicant a
statement which shall include an accounting of funds listing all deposits,
interest earnings, disbursements, and the cumulative balance of the
escrow account. The information shall be provided on a quarterly basis,
if monthly charges are $1,000 or less, or on a monthly basis if monthly
charges exceed $1,000. If the escrow account or deposit contains insufficient
funds to enable the Township approving authority to perform required
application reviews or improvement inspections, the Chief Financial
Officer shall provide the applicant with a notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or the application, the applicant shall within a reasonable time period
post a deposit to the account in an amount to be agreed upon by the
municipal approving authority and the applicant. In the interim, any
required health and safety inspections shall be made and charged back
against the replenishment of funds.
e.
Escrow Close-Out Procedures. The following close-out procedure shall
apply to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved as provided in N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief
Financial Officer of the Township and the approving authority, and
to the relevant municipal professional, that the application or the
improvements, as the case may be, are completed. After receipt of
such notice, the professional shall render a final bill to the Chief
Financial Officer within 30 days, and shall send a copy simultaneously
to the applicant. The Chief Financial Officer shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest in
accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer
along with the final accounting.
f.
Professional Charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modification or amendment made by the applicant. A professional shall
not review items which are subject to approval by any State governmental
agency and not under municipal jurisdiction except to the extent consultation
with a State agency is necessary due to the effect of State approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
g.
If the Township retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection of improvements, the Township or
approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Township or approving authority shall not bill
the applicant or charge the deposit or the escrow account for any
such service.
h.
Township Engineer to Estimate Cost of Installation of Improvements.
The cost of the installation of improvements for the purposes of N.J.S.A.
40:55D-53 shall be estimated by the Township Engineer based on documented
construction costs for public improvements prevailing in the general
area of the Township. The developer may appeal the Township Engineer's
estimate to the County Construction Board of Appeals established under
N.J.S.A. 52:27D-127.
i.
Applicant Notification on Dispute of Escrow Charges; Appeals; Rules;
Regulations. An applicant shall notify in writing the governing body
with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for service rendered to the Township in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of N.J.S.A. 40:55D-1 et seq., the governing body, or its
designee, shall within a reasonable time period attempt to reembodied
any disputed charges. If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the County Construction
Board of Appeals established under N.J.S.A. 40:55D-53.4. An applicant
or his authorized agent shall submit the appeal in writing to the
County Construction Board of Appeals. The applicant or his authorized
agent shall simultaneously send a copy of the appeal to the Township,
approving authority, and any professional whose charge is the subject
of the appeal. An applicant shall file an appeal within 45 days from
receipt of the informational copy of the professional's voucher required
by N.J.S.A. 40:55D-53.2. An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
j.
Processing During Appeals. During the pendency of any appeal, the
Township or approving authority shall continue to process, hear, and
decide the application for development, and to inspect the development
in the normal course, and shall not withhold, delay, or deny reviews,
inspections, signing or subdivision plats or site plans, the reduction
or the release of performance or maintenance guarantees, the issuance
of construction permits or certificates of occupancy, or any approval
or permit because an appeal has been filed or is pending under this
section. The Chief Financial Officer of the Township may pay charges
out of the appropriate escrow account or deposit for which an appeal
has been filed. If a charge is disallowed after payment, the Chief
Financial Officer of the Township shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the Township,
the professional or consultant shall reimburse the Township in the
amount of any such disallowed charge.
[Ord. No. 99-28, § II; Ord. No. 05-25 § I; Ord. No. 05-31 § I; Ord.
No. 05-43; Ord. No. 06-26 § I; Ord. No. 08-15, § I; Ord. No. 10-23; Ord. No. 2015-02; 7-15-2020 by Ord. No. 20-22; amended 12-6-2023 by Ord. No. 23-17]
a.
Schedule. Fees for the development applications and related development
activities are hereby adopted in accordance with the attached Fee
Schedule, Schedule 1.
|
FEE SCHEDULE
TOWNSHIP OF MILLSTONE
|
|
Each developer shall, at the time of filing an application,
pay a nonrefundable fee to the Township of Millstone by cash, check
or bank draft in accordance with the current fee schedule adopted
by the Township Committee on file in the Township Clerk's Office.
The fee to be paid shall be the sum of the fees for the component
elements of the plat or plan. Proposals requiring a combination of
approvals, such as preliminary and final subdivision, site plan and/or
variances, shall pay a fee equal to the sum of the fee for each element
calculated using a fee schedule. Additional fees may be assessed for
extraordinary review costs otherwise covered by this section. However,
the actual payment to the Township shall be in the form of two separate
checks, certified or cashier's (one for application fee and one
for escrow amount) in the following amounts:
|
|
Application Type
|
Application Fee
|
Escrow Amount
| |||
|---|---|---|---|---|---|
|
A.
|
Street Vacation Application and Review of Street Vacation
|
$500.00
|
$2,500.00
| ||
|
B.
|
Subdivision Approval
| ||||
|
1.
|
Concept Plan/Informal Review
|
$500.00
|
$3,000.00
| ||
|
2.
|
Minor Subdivision
|
$1,000.00
|
$5,000.00
| ||
|
3.
|
Preliminary Major Subdivision
|
$1,000.00 + $250.00/Lot (unit)
|
$8,000.00 + $300.00/Lot (unit)
| ||
|
4.
|
Final Major Subdivision
|
$1,000.00 + $150.00/Lot (unit)
|
$4,000.00 + $150.00/Lot (unit)
| ||
|
C.
|
Site Plan Approval
| ||||
|
1.
|
Sketch Plat/Informal Review
|
$500.00
|
$3,000.00
| ||
|
2.
|
Minor Site Plan
|
$500.00
|
$5,000.00
| ||
|
3.
|
Preliminary Major Site Plan:
| ||||
|
a.
|
Residential
|
$2,500.00
|
$8,000.00
| ||
|
b.
|
Nonresidential
|
$1,500.00 + $50.00/Ac plus Proposed Building Area $0.05/s.f.*
*not to exceed $5,000.00
|
$5,000.00 + $200.00/Ac plus Proposed Building Area $2,000.00
+ $0.20/s.f.* *not to exceed $40,000.00
| ||
|
4.
|
Final Major Site Plan
|
$1,000.00
|
50% of Preliminary Escrow Amount
| ||
|
5.
|
In-house Administrative Site Plan Review
|
$500.00
|
$2,500.00
| ||
|
D.
|
Appeals of Decision by Administrative Officials to Zoning Board
of Adjustment
|
$500.00
|
$2,000.00
| ||
|
E.
|
Interpretation of the Land Use and Development Regulations or
Zoning Map by Zoning Board of Adjustment
|
$500.00
|
$2,000.00
| ||
|
F.
|
Variances
| ||||
|
1.
|
Hardship or Bulk Variances
|
$500.00/each
|
$1,500.00/each
| ||
|
2.
|
Use/'d' Variance
|
$1,000.00
|
$5,000.00
| ||
|
G.
|
Variance for frontage on unimproved street (Board of Adjustment)
|
$1,000.00
|
$1,500.00
| ||
|
H.
|
Landscape Architectural Services
|
-0-
|
$750.00
| ||
|
I.
|
Conditional Uses
|
$1,000.00
|
$5,000.00
| ||
|
J.
|
Request for Extension of Time
| ||||
|
1.
|
Minor Subdivisions
|
$350.00
|
$1,000.00
| ||
|
2.
|
Minor Site Plans
|
$350.00
|
$1,000.00
| ||
|
3.
|
Major Subdivisions and Site Plans
|
$350.00
|
$2,000.00
| ||
|
4.
|
Hardship/Bulk Variance
|
$350.00
|
$1,000.00
| ||
|
5.
|
Use Variance
|
$500.00
|
$2,000.00
| ||
|
K.
|
List of Adjacent Property Owners
|
$0.25 per name or $10.00, whichever is greater
|
-0-
| ||
|
L.
|
Copy of Land Use and Development Ordinance
|
$75.00
|
-0-
| ||
|
M.
|
General Development Plan and Municipal Agreement Review
|
$1,000.00
|
$20,000.00
| ||
|
N.
|
Copy of Township Master Plan (Text and B/W Map)
|
$75.00
|
-0-
| ||
|
1.
|
Amendments to Master Plan
|
$50.00
| |||
|
O.
|
Copy of Master Plan Map (24 inches x 36 inches)
| ||||
|
1.
|
Black and White
|
$10.00
|
-0-
| ||
|
2.
|
Color
|
$25.00
|
-0-
| ||
|
P.
|
Copy of Zoning Map (24 inches x 36 inches, B/W)
|
$10.00
|
-0-
| ||
|
Q.
|
Tax Map Revision Fees
|
$200.00 + $50.00/Lot (unit)
|
-0-
| ||
|
R.
|
Easements and Dedications
| ||||
|
1.
|
Conservation Easement Post and Sign
|
$50.00
|
-0-
| ||
|
2.
|
Horse Trail Easement Interior Post and Sign
|
$50.00
|
-0-
| ||
|
3.
|
Horse Trail Easement Entrance Post and Sign
|
$100.00
|
-0-
| ||
|
4.
|
Proposed Easement/Deed of Dedication
|
-0-
|
$1,500.00
| ||
|
S.
|
Publication of Decision Fee
|
-0-
|
$100.00
| ||
|
T.
|
Request for Special Meeting of Planning Board/Zoning Board of
Adjustment
|
$750.00
|
-0-
| ||
|
U.
|
Request for Certificate of Nonconformity
| ||||
|
1.
|
From Zoning Officer (within 1-year of Zone Change)
|
$10.00
|
-0-
| ||
|
2.
|
From Zoning Board of Adjustment
|
$500.00
|
$2,000.00
| ||
|
V.
|
Wireless Communications Facilities Modifications
| ||||
|
1.
|
Administrative Review of an Application for Modification of
an Existing Wireless Communication Tower or Base Station
|
$1,000.00
|
$2,500.00
| ||
|
2.
|
Extension of Approval
|
$300.00
|
$2,500.00
| ||
