In accordance with Chapter 291 of the Laws of 1975,[1] the Planning Board shall act as approving authority for subdivision plats as a condition for filing such plats with the County Recording Officer, either individually or as part of a simultaneous application, as follows:
A. 
For minor subdivisions.
B. 
For preliminary and final subdivisions.
C. 
For minor and major subdivisions which also require conditional use approval.
D. 
For minor and major subdivisions which also require site plan approval.
E. 
For minor and major subdivisions which also require, if provided for by ordinance, plan development approval.
F. 
For minor and major subdivisions in which a variance is requested (in accordance with N.J.S.A. 40:55D-60) from lot area, lot dimension, setback and yard requirements, provided that relief from lot area requirements shall not be granted for more than one lot.[2]
[2]
Editor's Note: Original §§ 56-7 and 56-8 of the 1966 Code, Approval by Board of Adjustment and Variances requiring approval of both bodies, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions of subdivision review, except where compliance is otherwise required by law, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided, however, that no substantial harm is occasioned to the public interest and provided further that such exception is not designed to deprive the parties in interest of the right to be heard.
A. 
The approving authority shall have the power to review and approve one or more Chapter 400, Zoning, requirements simultaneously with review for subdivision approval without the applicant being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, site plan approval, conditional use approval or a variance, shall apply.
B. 
Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include reference to the request for such conditional use or use variance.
[Added 5-8-2007 by Ord. No. 2007-1265; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Schedule A as attached hereto and made a part hereof is hereby made part of Chapter 350, Article III, Administrative Authority and Enforcement. (Schedule A can be viewed in the Land Use Administrator's office.) Changes and/or modifications reflected in the attached Schedule A shall supersede and replace the current regulations set forth in the said Chapter 350, Article III, Administrative Authority and Enforcement.[1]
[1]
Editor's Note: Original § 56-11 of the 1966 Code, Application fees, as amended 7-8-1986 by Ord. No. 86-817 and 5-13-1997 by Ord. No. 97-1054, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In addition to the required application fees established herein, the applicant shall be required to establish one or more escrow accounts with the Borough of Montvale to cover the reasonable cost of professional review and consultation. Such deposits shall be required for:
(1) 
Minor subdivision approval.
(2) 
Preliminary subdivision approval.
(3) 
Final subdivision approval.
(4) 
Any subdivision requiring conditional use approval.
(5) 
Any subdivision requiring site plan approval.
(6) 
Any subdivision requiring planned development approval.
(7) 
Any subdivision requiring a variance of any type.
(8) 
A request for rezoning or other land use related matter, the nature of which requires professional advice for the Planning Board or governing body.[1]
[Added 6-13-2000 by Ord. No. 2000-1141]
[1]
Editor's Note: Original § 56-12B of the 1966 Code, regarding escrow deposits, as amended 7-8-1986 by Ord. No. 86-817, 2-24-1998 by Ord. No. 98-1083, and 6-13-2000 by Ord. No. 2000-1141, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The applicant shall deposit a sum equal to 4% of the estimated cost of the improvements to cover engineering, investigation and inspection of construction, together with a sum sufficient in the opinion of the approving agency to cover legal and planning costs, recording fees and all other costs in connection with the subdivision.
A. 
Upon receipt of an application for one of the above applications, the administrative officer shall send a copy of the application and one set of all maps and reports to the professionals and consultants of the approving authority. Within seven days of receipt of same, said professionals shall submit an estimate of funds sufficient in amount to undertake technical reviews and findings of fact relative to the application at hand. Such estimated deposits shall be approved by the approving authority and may, from time to time, be reviewed by the governing body. The applicant shall forthwith deposit funds on demand, which funds shall be required to be placed in an escrow account by the Treasurer of the Borough of Montvale.
B. 
Such funds on deposit shall be expended to reimburse the municipality and approving authority in accordance with P.L. 1995, c. 54,[1] for moneys paid to professionals and consultants engaged by them on account of the reasonable cost of their services rendered with reference to the application for which the deposit has been established. Upon receipt of sufficient funds for the escrow account, the administrative officer shall notify the professionals and other consultants of the approving authority that all appropriate examinations and reviews may be undertaken.
[Amended 12-12-1995 by Ord. No. 95-1013]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.2.
C. 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be by a voucher from the professional, including municipal employees who may render such services. This voucher shall identify the personnel performing the service and, for each date, the services performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Treasurer of the Borough of Montvale on a monthly basis. The professional shall send an informational copy of all vouchers or statements sent to the Treasurer of the Borough simultaneously to the applicant. The Treasurer of the Borough 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. This 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.
[Amended 12-12-1995 by Ord. No. 95-1013]
D. 
If an escrow account or deposit contains insufficient funds to enable the Borough to perform required application reviews or improvement inspections, the Treasurer of the Borough 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 forthwith post a deposit to the account in an amount to be agreed upon by the Borough or 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.
[Amended 12-12-1995 by Ord. No. 95-1013]
E. 
Upon final approval of and receipt of the signed subdivision, the applicant shall send written notice, by certified mail, to the Treasurer of the Borough, the approving authority and to the relevant Borough professional that the application is completed. After receipt of such notice, the professional shall render a final bill to the Treasurer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Treasurer of the Borough 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 P.L. 1985, c. 315,[2] shall be refunded to the developer along with the final accounting.
[Added 12-12-1995 by Ord. No. 95-1013]
[2]
Editor's Note: See N.J.S.A. 40:55D-53.1.
[Added 12-12-1995 by Ord. No. 95-1013]
A. 
An applicant shall notify, in writing, the governing body with copies to the Treasurer of the Borough, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of P.L. 1975, c. 291.[1] The governing body, or its designee, shall within a reasonable time period attempt to remediate 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 any charge to an escrow account or a deposit by the Borough professional or consultant pursuant to the procedure set forth at P.L. 1995, c. 54.[2]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D-53.2a.
B. 
During the pendency of any appeal, the Borough or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course. Further, the Board or approving authority shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Treasurer of the Borough 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 Treasurer 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 municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
A. 
Fees in general. All fees paid pursuant to §§ 350-11 through 350-14 of this chapter are intended solely to reimburse the municipality and the approving authority for expenses incurred by them, or either of them, on account of the performance of their respective professionals and consultants with respect to a particular application.
B. 
Fees for specific services. The following fees shall be applicable for the services described herein:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Certified list of persons requiring notice, $10.[1]
[1]
Editor's Note: See § 350-9 for current fees.
A public hearing shall be required for the following:
A. 
A preliminary major subdivision.
B. 
For any subdivision requiring conditional use approval.
C. 
For any subdivision requiring site plan approval.
D. 
For any subdivision requiring a variance of any type.
E. 
For any subdivision requiring planned development approval (provided such use is contemplated by Chapter 400, Zoning).
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 map and documents.
A. 
Notice of a public hearing shall be afforded in a manner as is specifically provided for in Chapter 65, Land Use Procedures, as the same may from time to time be amended and supplemented.
B. 
The procedure to be employed by the hearing authority and the rules to be adhered to by all parties, unless otherwise specified herein to the contrary, shall be in accordance with Chapter 65, Land Use Procedures, as the same may from time to time be amended and supplemented.