[1]
Editor's Note: Ordinance No. 2014-7 establishes a combined
nine-member Planning Board to exercise all powers of the Planning
Board and Zoning Board of Adjustment. Wherever the term "Zoning Board";
"Zoning Board of Adjustment", or "Board of Adjustment" appears in
the Code, these terms shall be read as if the words "Planning Board
acting as the" were printed before them.
[Ord. #193, §§ 1, 2; Ord. #80-6, A I, § 1;
1970 Code § 19-1.1; Ord. #2014-7; N.J.S.A. 40:55D-23]
There is hereby established pursuant to C. 291, P.L. 1975 in
the Borough of Moonachie, a Planning Board of nine members consisting
of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member
of the governing body, to be appointed by the Mayor.
Class III. A member of the governing body to be appointed by
it.
Class IV. Six other citizens of the Borough to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Board of 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.
[Ord. #193, § 3; Ord. #80-6, A I, § 2;
1970 Code § 19-1.2; Ord. #2014-7]
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 Class IV member who is also a member of 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.
The terms of all Class IV members first appointed pursuant to this
Chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body, provided however that no term of any member
shall exceed four years and further provided that nothing herein shall
affect any present members of the Planning Board, all of whom shall
continue in office until, the completion of the term for which they
were appointed. Thereafter 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, unless an appointment is made to fill an unexpired term.
[Ord. #80-6, A I, § 2-1; 1970 Code § 19-1.3;
Ord. #2014-7]
There is hereby established pursuant to N.J.S.A. 40-55D-23.1
up to four alternate members of the Planning Board. Alternate members
shall be appointed by the Mayor and shall meet qualifications of Class
IV members. Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1," Alternate No. 2," "Alternate No.
3" and "Alternate No. 4." The terms of the alternate members shall
be such that the term of not more than two alternate members 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.
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. If a second alternate member is to vote, then Alternate
No. 2 shall vote. If a third alternate member is to vote, then Alternate
No. 3 shall vote and so on for Alternate No. 4.
[Ord. #80-6, A I, § 3; 1970 Code § 19-1.4]
If a vacancy of any class or alternate member shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
[Ord. #80-6, A I, § 4; 1970 Code § 19-1.5]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
[Ord. #80-6, A I, § 5; 1970 Code § 19-1.6]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney. The Board
shall not however exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for the position.
[Ord. #80-6, A I, § 6; 1970 Code § 19-1.7]
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 governing body for its use.
[Ord. #193, § 4; Ord. #80-6, A I, § 7;
1970 Code § 19-1.8; Ord. #2014-7]
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and adopt and amend a Master Plan for the physical development
of the Borough including any areas outside its boundaries, which in
the Board's judgment bear essential relation to the planning of the
Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of Chapter 21, Land Subdivision and Site Plan Review, of the Code of the Borough in accordance with the provisions of those ordinances and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions of Chapter 22, Zoning, pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by State and Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuing planning
process.
f.
To consider and make reports to the governing body 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-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant:
1.
Variances pursuant to N.J.S.A. 40:55D-60, as amended by L. 1979,
c.216, Section 23.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
or public drainage way, flood control basin or public are reserved
pursuant to N.J.S.A. 40:55D-32.
3.
Directions 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 pursuit to this subsection, notice
of 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.
h.
To perform such other advisory duties as are assigned to it by ordinances
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
i.
Whenever the Planning Board shall have adopted any portion of the
Master Plan, the governing body or other public agency having jurisdiction
over the subject matter, before taking action necessitating the expenditure
of any public funds, incidental to the location, character or extent
of such project, shall refer the action involving such specific project
to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon, without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district, or other authority, redevelopment
agency, school board or other similar public agency, State, County
or municipal. (N.J.S.A. 40:55D-31, Section 22.)
j.
At the request of the developer the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall not be required to submit any fees for such an
informal review. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
k.
Exercising, to the same extent and subject to the same restrictions all the powers of a Zoning Board of Adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975 c. 291 (N.J.S.A. 40:55D-70d).
[Ord. #80-6, A I, § 8; 1970 Code § 19-1.9]
a.
Minor subdivision shall be any subdivision of land which does not
involve the creation of more than three lots; which does not involve
the planned development; which does not involve any new street; and
which does not involve the extension of any off-tract improvements.
b.
The Planning Board may waive notice and public hearing of an application
for development if the Planning Board or Subdivision Committee of
the Board find that the application for development conforms to the
definition of "minor subdivision" set forth in paragraph a of this
subsection.
c.
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the Board; provided that the Board or the subcommittee
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 39, 40 and C. 40:55D-53 of Chapter
291, Laws of 1975.
[Ord. #80-6, A I, § 9; 1970 Code § 19-1.10]
a.
Major subdivision is any subdivision of land which is not classified
as a minor subdivision.
b.
For all major subdivisions, the Planning Board shall hold a public
hearing with public notice given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the Borough; and a notice of the hearing shall be given to the
owners of all real property as shown on the current tax duplicate,
located within 200 feet in all directions of the property which is
the subject of such hearing and to other persons as required by N.J.S.A.
40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12.
c.
As a condition of subdivision or site plan approval, the approving
authority may require the installation and maintenance of on-tract
improvements; and the regulations may require a developer to pay his
pro-rata share of the cost of off-tract improvements in accordance
with N.J.S.A. 40:55D-42.
[Ord. #80-6, A I, § 10; 1970 Code § 19-1.11]
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. Failure of the Planning Board to act within the
period prescribed shall constitute minor subdivision approval and
a certificate of the administrative office as to the failure of the
Planning Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for the purposes of filing subdivision
plats.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3),
the Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
Approval of a minor subdivision shall expire 190 days from the
date of Planning Board approval unless within such period a plat in
conformity with such approval and the provisions of the "Map Filing
Law", or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough 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.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded.
b.
Preliminary Approval; Major Subdivisions. The developer shall submit
to the administrative officer a plat and such other information as
is reasonably necessary to make an informed decision as to whether
the requirements necessary for preliminary approval have been met;
provided that minor subdivisions shall not be subject to this section.
The plat and any other engineering documents to be submitted shall
be required in tentative form for discussion purposes for preliminary
approval. If the application for development is found to be incomplete,
the developer shall be notified within 45 days of submission of such
application or it shall be deemed to be properly submitted.
If the Planning Board required any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed subdivision
complies with the Chapter and the Municipal Land Use Law grant preliminary
approval to the subdivision.
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 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.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3)
the Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
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 subsection 20-1.8 of this Chapter, 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 Subdivision 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.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3),
the Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
Final approval of a major subdivision shall expire 95 days from
the date of 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 signing of the plat.
[Ord. #80-6, A I, § 11; 1970 Code § 19-1.12;
Ord. #2014-7]
a.
Procedure for Preliminary Site Plan Approval.
1.
The developer shall submit to the Secretary of the Planning Board
and to the Secretary of the Board of Adjustment in the case of a use
variance, a site plan and such other information as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for preliminary site plan approval have been met. The site
plan and any engineering documents to be submitted shall be required
in tentative form for discussion purposes for preliminary approval.
If any architectural plans are required to be submitted for site plan
approval, the preliminary plans and elevations shall be sufficient.
If an application for development is found to be incomplete, the developer
shall be notified in writing of the determination of completeness
within 45 days of deficiencies therein by the Board or the Board's
designee for the submission of such application or it shall be deemed
to be properly submitted.
2.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with the Chapter and the Municipal Land Use Law, grant preliminary
site plan approval.
3.
Upon the submission to the Secretary of the Planning Board in the
case of a use variance, of a complete application for a site plan
which involves 10 acres of land or less, and 10 dwelling units or
less, preliminary approval shall be granted or denied within 45 days
of the date of such submission or within such further time as may
be consented to by the developer. Upon the submission of a complete
application for a site plan which involves more than 10 acres or more
than 10 dwelling units, 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.
4.
If an application for development conforms to the definition of "minor
site plan" approval of same shall be deemed to be final approval of
the site plan by the Board provided that the Planning Board or Site
Plan Subcommittee if any, may condition such approval on terms insuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39,
41, 53.
5.
Minor site plan approval shall be granted or denied within 45 days
of the date of submission of a complete application to the administrative
officer, 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 minor site plan approval.
6.
Whenever review or approval of the application by the County Planning
Board is required by Section 8 of P.L. 1968, C. 285 (C. 40:27-6.6),
the Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
7.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
b.
Procedure for Final Site Plan Approval.
1.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval
and provided the conditions of preliminary approval are met.
2.
Final approval shall be granted or denied within 45 days after submission
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 final approval and a certificate
of the Secretary of the Planning Board as to the failure of the Planning
Board to act shall be issued on request of the applicant, and it shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required.
3.
Whenever review or approval of the application by the County Planning
Board is required, the Borough Planning Board shall condition any
approval that it grants upon the timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
[Ord. #80-6, A I, § 12; 1970 Code § 19-1.13]
The longest time period for action by the Planning Board, whether
it be for subdivision, conditional use or site plan approval shall
apply.
[Ord. #80-6, A I, § 13; 1970 Code § 19-1.14]
a.
Effect of Preliminary Approval of a Subdivision or Site Plan. Preliminary
approval of a major subdivision or of a site plan shall, except as
provided in subparagraph 4 below, confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval.
1.
That the general terms and conditions of which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks,
lot size; yard dimensions and off-tract improvements; and in the case
of a site plan, any requirements peculiar to site plan approval pursuant
to C. 40:55D-41 of this Act; except that nothing herein shall be construed
to prevent the Borough from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health
and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Planning Board may grant the rights referred to in subparagraphs
1, 2 and 3 above for such period of time, longer than three years
as shall be determined by the Planning Board to be reasonable taking
into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
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The applicant may apply thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable taking into consideration:
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(a)
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The number of dwelling units and nonresidential floor area permissible
under preliminary approval; and
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(b)
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The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
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(c)
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Economic conditions; and
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(d)
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The comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
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b.
Effect of Final Approval of Subdivision or Site Plan.
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49 whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided that in the case of major subdivision all rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided. If the developer has followed the
standards prescribed for final approval, and, in the case of a subdivision,
has duly recorded the plat as required in N.J.S.A. 40:55D-54, the
Planning Board may extend such period or protection for extension
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this Chapter, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
2.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the Planning Board may grant the rights referred to
in paragraph b of this subsection for such period of time, longer
than two years, as shall be determined by the Planning Board to be
reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under final approval;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
The developer may apply for thereafter and the Planning Board
may thereafter grant, an extension of final approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable taking into consideration:
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(a)
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The number of dwelling units and nonresidential floor area permissible
under final approval;
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(b)
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The number of dwelling units and nonresidential floor area remaining
to be developed;
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(c)
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Economic conditions; and
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(d)
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The comprehensiveness of the development.
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[Ord. #80-6, A I, § 14; 1970 Code § 19-1.15]
a.
The Planning Board when acting upon applications for preliminary
or minor subdivision shall have the power to grant such exceptions
from requirements for subdivision approval as may be reasonable and
within the general purpose and intent of the provisions for subdivision
review and approval of an ordinance adopted pursuant to this Chapter,
if the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
b.
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of an ordinance adopted pursuant to this Chapter, if
the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
c.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Ord. #80-6, A I, § 15; 1970 Code § 19-1.16]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of C. 291 P.L. 1975 shall
be filed with the Secretary of the Planning Board. Applicant shall
file at least 14 days before the date of the monthly meeting of the
Board an original and eight copies of a sketch plat; an original and
eight copies of applications for minor subdivision approval; an original
and eight copies of application for major subdivision approval or
an original and eight copies of an application for 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 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 Planning Board shall inform the applicant of the steps to be
taken to initiate applications and of the regular meeting dates of
the Board. The applicant shall pay any necessary filing fees established
by the governing body.
[Ord. #80-6, A I, § 16; 1970 Code § 19-1.17]
Approved plats for minor subdivision, preliminary major subdivisions
and final major subdivisions shall be signed by the Planning Board
Chairman and Secretary. Approved site plans and conditional uses shall
be signed by the Planning Board Chairman and Secretary.
[Ord. #80-6, A I, § 17; 1970 Code § 19-1.18]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee 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.
[Ord. #80-6, A I, § 18; 1970 Code § 19-1.19]
The Mayor may appoint a Site Plan Review Advisory Board for
the purpose of reviewing all site plan applications and making recommendations
to the Planning Board in regard thereto.
[Ord. #80-6, A I, § 19; 1970 Code § 19-1.20;
Ord. #2014-7]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Borough,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Board. Failure of the Planning Board to make such informational copy
available to the Environmental Commission shall not invalidate any
hearing or proceeding.
[Ord. #80-6, A I, § 20; 1970 Code § 19-1.21]
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. #2014-7]
Decisions of the Planning Board may be appealed in the manner
as available by law.
[Ord. #80-6, A III, § 1; 1970 Code § 19-3.1;
Ord. #2014-7]
No member or alternate member of the Planning Board shall act
on any matter in which he has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
or decision relating thereto. Any member other than a Class I member
of the Planning Board, after a public hearing if he requests one may
be removed by the governing body for cause.
[Ord. #223, § 6-3; Ord. #80-6, A III, § 2;
1970 Code § 19-3.2; Ord. #2014-7]
a.
Meetings of the Planning Board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless cancelled for lack of applications for development to process.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which 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 the members of the
municipal agency present at the meeting except as otherwise required
by any provision of C. 291, P.L. 1975.
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, Chapter 231, P.L.
1975. An executive session for the purpose of discussion and studying
any matters to come before the Board shall not be deemed a regular
or special meeting in accordance with these provisions.
[Ord. #80-6, A III, § 3; 1970 Code § 19-3.3;
Ord. #2014-7]
Minutes of every regular or special meeting shall be kept and
shall include the names of persons appearing and addressing the Board
and of the other persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough 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 as provided for
in the rules of the Board.
[Ord. #80-6, A III, § 4; 1970 Code § 19-3.4;
Ord. #90-17, § 4; Ord. #2014-7]
Fees for application, appeals or for the rendering of any service
by the Planning Board or any member of their administrative staffs
shall be provided for and adopted by ordinance and shall be reasonable.[1]
[Ord. #80-6, A III, § 5; 1970 Code § 19-3.5;
Ord. #2014-7]
a.
Rules. The Planning Board shall 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 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"
C. 38, P.L. 1953 (C. 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 the 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.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
f.
Transcripts. The municipal agency in furnishing a transcript of the
proceedings to an interested party at his expense shall not charge
the interested party more than the maximum permitted in N.J.S.A. 2B:7-4.
The transcript shall be certified in writing by the transcriber to
be accurate.
[Ord. #80-6, A III, § 6; 1970 Code § 19-3.6]
Public notice of a hearing on an application for development
shall be given except for (a) conventional site plan review; (b) minor
subdivisions; (c) final approval pursuant to N.J.S.A. 40:55D-50; or
(d) minor site plan approval; and further provided that public notice
shall be given in the event that relief is requested pursuant to N.J.S.A.
40:55D-60, 76 or part of an application for development otherwise
excepted herein from public notice. The applicant should give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Borough at least 10 days prior to the date of the hearing.
b.
Notice of a hearing requiring public notice as above set forth shall
be given to the owners of all real property as shown on the current
tax duplicates located in the State and within 200 feet in all directions
of the property which is the subject of such hearing provided that
this requirement shall be deemed satisfied by notice to the (a) condominium
association, in the case of any unit owner whose unit has a unit above
or below it; a (b) horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it. Such
notice shall be given by: (a) serving a copy thereof on the owner
as shown on the current tax duplicate or his agent in charge of the
property; or (b) mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate. A return
receipt is not required. 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 homeowner on account of such common elements
or areas.
c.
Notice of 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 20-3.6, paragraph b to the owners of lands in such adjoining Municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situate within 200 feet of a municipal boundary.
e.
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.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to Section 6b of C. 291, P.L. 1975.
g.
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.
h.
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.
i.
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 and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available as required by law.
j.
Notice pursuant to paragraphs c, d, e, f, of this subsection shall
not be deemed to be required unless public notice as hereinabove set
forth and notice pursuant to paragraph b of this subsection are requested.
[Ord. #80-6, A III, § 7; 1970 Code § 19-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $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 subsection 20-3.6, paragraph b of this Chapter.
[Ord. #80-6, A III, § 8; 1970 Code § 19-3.8]
a.
Each decision on any application for development shall be reduced
to writing and shall include findings of facts and conclusions of
law based thereon.
b.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
c.
The municipal agency may provide such written decision and findings
and conclusions either on the date of the meeting at which the municipal
agency acts to grant or deny approval, or, if the meeting at which
the action is taken occurs within the final 45 days of the applicable
time period for rendering a decision on the application for development,
within 45 days of such meeting by the adoption of a resolution of
memorialization setting forth the decision and the findings and conclusions
of the municipal agency thereon. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as provided above notwithstanding the time at which such action occurs
within the applicable time period for rendering a decision on the
application.
The adoption of a resolution of memorialization pursuant to
this subsection shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of the majority of the
members of the municipal agency who voted for the action previously
taken and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency, and not to be an action of the municipal agency; except that
failure to adopt such resolution within the 45 days period shall result
in the approval of the application for development, notwithstanding
any prior action taken thereon.
e.
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 service. A copy of the decision
shall also be filed in the office of the Borough Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Borough.
[Ord. #80-6, A III, § 9; 1970 Code § 19-3.9;
Ord. #2014-7]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board without separate charge to
the applicant. The notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Ord. #80-6, A III, § 10; 1970 Code § 19-3.10;
Ord. #2014-7]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for the development submitted to the
Planning Board 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 any such application; or, if it is shown that taxes
or assessments are delinquent on the property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments, or the making of adequate provision
for the payment thereof in such manner that the Borough will be adequately
protected.
[Ord. #80-6, A III, § 11; 1970 Code § 19-3.11;
Ord. #2014-7]
When any hearing before the Planning Board shall carry over
two or more meetings, a member of the Board who was absent for one
or more of the meetings, 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 a transcript or recording of the meetings from
which he was absent, and certified in writing to the Board that he
has read such transcript or listened to such recording.
[Ord. #80-6, A III, § 13; 1970 Code § 19-3.13;
Ord. #2014-7]
A corporation or partnership applying to a Planning Board or
to the governing body of a Municipality for permission to subdivide
a parcel of land into six or more lots or applying for a variance
to construct a multiple dwelling of 25 or more family units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be.
If a corporation or partnership owns 10% or more of the stock
of a corporation, or 10% or greater interest in a partnership, subject
to disclosure pursuant to section 1., C. 291, P.L. 1975, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or 10% or greater interest in the
partnership, as the case may be, and this requirement shall be followed
by every corporate stockholder or partner in a partnership, until
the names and addresses of the noncorporate stockholders and individual
partners, exceeding the 10% ownership criterion established in this
Act, have been listed.
No Planning Board or municipal governing body shall approve
the application of any corporation or partnership which does not comply
with this Act.
Any corporation or partnership which conceals the names of the
stockholders owning 10% or more of its stock, or of the individual
partners owning a 10% or greater interest in the partnership, as the
case may be, shall be subject to a fine of $1,000 to $10,000 which
shall be recovered in the name of the Borough in any court of record
in the State in a summary manner pursuant to "The Penalty Enforcement
Law" (N.J.S.A. 2A:58-10 et seq.).
[Ord. #80-6, A IV, § 1; 1970 Code § 19-4.1]
Whenever a term is used in this Chapter which is defined in
Chapter 291, P.L. 1975 as amended, such term is intended to have the
meaning set forth in the definition of such term found in the statute,
unless a contrary intention is clearly expressed from the context
of this Chapter.
[Ord. #80-6, AIV, § 3; 1970 Code § 19-4.3]
All applications for development filed prior to the effective
date of this Chapter may be continued, but any appeals arising out
of decisions made on any such application shall be governed by the
provisions of subsections 20-2.15 and 20-2.16 of this Chapter.
[Ord. #80-6, AIV, § 4; 1970 Code § 19-4.4]
This Chapter shall be known and may be cited as The Land Use
Procedures Chapter of the Borough of Moonachie.
[Ord. #80-6, A III, § 5; 1970 Code § 19-4.5]
Immediately upon adoption of this Chapter the Borough Clerk
shall file a copy of this Chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Borough relating to land
use, such as the subdivision, zoning and site plan review ordinances.
[Ord. #80-6, A III, § 6; 1970 Code § 19-4.6]
The governing body shall enforce this Chapter and any regulations
made and adopted hereunder. To that end, the governing body may require
the issuance of specified permits, certificates or authorizations
as a condition precedent to:
a.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structure;
b.
The use or occupancy of any building, structure or land; and
c.
The subdivision or resubdivision of any land; and shall establish
an administrative officer and offices for the purpose of issuing such
permits, certificates or authorizations; and may condition the issuance
of such permits, certificates or authorizations upon the submission
of such data, materials, plans, plats and information as is authorized
hereunder and upon the express approval of the appropriate State,
County or municipal agencies; and may establish reasonable fees to
cover administrative costs for the issuance of such permits, certificates
and authorizations. In case any building or structure is erected,
constructed, altered, repaired, converted, or maintained, or any building,
structure or land is used in violation of this Chapter or other regulation
made under authority conferred hereby, the proper local authorities
of the Municipality or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings, to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of the building, structure, or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
[Ord. #80-6, A III, § 7; 1970 Code § 19-4.7]
In the event that, during the period of approval heretofore
granted to an application for development, the developer is barred
or prevented, directly or indirectly, from proceeding with the development
otherwise permitted under such approval by a legal action instituted
by any State agency, political subdivision or other party to protect
the public health and welfare or by a directive or order issued by
any State agency, political subdivision or court of competent jurisdiction
to protect health or welfare and the developer is otherwise ready,
willing and able to proceed with the development, the running of the
period of approval under this Chapter or under any ordinance repealed
by this Chapter as the case may be, shall be suspended for the period
of time the legal action is pending or such directive or order is
in effect.
