Borough of Mendham, NJ Article III Administration and Enforcement

§ 195-5 Jurisdiction of approving authorities.

A. Planning Board as approving authority. In accordance with Chapter 291 of the Laws of 1975,[1] the Planning Board shall act as the approving authority for subdivision plats as a condition for filing such plats with the county recording officer, either individually or as a part of a simultaneous application, and for site plan approval as follows:

(1) For minor subdivisions.

(2) For preliminary and final major subdivisions and site plans.

(3) For subdivisions and site plans which also require conditional use approval.

(4) For minor and major subdivisions which require site plan approval.

(5) For subdivisions and site plans which also require planned development approval.

(6) For subdivision and site plans in which a variance is requested pursuant to N.J.S.A. 40:55D-70c or relief is sought pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

[Amended 4-21-1980 by Ord. No. 8-80]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. Board of Adjustment as approving authority. In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as approving authority for subdivision plats as a condition for filing such plats with the county recording officer and for site plan approval as follows:

(1) Where a use variance pursuant to N.J.S.A. 40:55D-70d is requested in which a subdivision and/or a site plan is part of the application.[2]

[2] Editor's Note: Former Subsection C, regarding the Planning Board and Board of Adjustment acting as approving authority, which immediately followed this subsection, was deleted 4-21-1980 by Ord. No. 8-80.

C. Exception in application of regulations. Except for public hearings, the approving authority, when acting upon applications for minor, preliminary and final subdivision approval and preliminary and final site plan 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 this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

D. Simultaneous review and approval. Except as provided in Subsection C[3] above, the approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision and site plan 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 is for subdivision, conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include references to the request for such conditional use or use variance.

[3] Editor's Note: This reference is to original Subsection C, regarding the Planning Board and Board of Adjustment acting as approving authority, which was deleted 4-21-1980 by Ord. No. 8-80.

E. Simultaneous action for preliminary and final site plan approval. The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.

§ 195-6 Fees.

[Amended 8-7-1989 by Ord. No. 17-89]

Filing fees, inspection fees, fees for specific services and escrow fees, as required for this chapter, shall be in accordance with the requirements of Chapter 124, Land Use Procedures, Part 1, pertaining to the Planning Board and the Board of Adjustment (§ 124-28). Where, in the judgment of the Planning Board, the services of an outside professional consultant are required, the Planning Board shall engage said consultant and charge the applicant for the cost thereof. Any such cost shall be paid by the applicant prior to final action on the application.

§ 195-7 Public hearings.

A. Except as otherwise provided in § 124-9 of this Code, a public hearing shall be required for all applications. Notice of the public hearing shall be given in the manner provided by § 124-30 of this Code, except for minor subdivision approval, final subdivision approval and final site plan review.

[Amended 4-21-1980 by Ord. No. 8-80]

B. Availability of maps and documents prior to hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

C. Other notification. Subject to the provisions of § 124-30 of this Code, the applicant shall provide that notice for a hearing to an application for the development of property be given by personal service or certified mail to:

[Amended 4-21-1980 by Ord. No. 8-80]

(1) The Clerk of a municipality involving property within 200 feet of said municipality.

(2) The County Planning Board where the property is adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, affects a county drainage facility or adjoins other county land or is situated within 200 feet of a municipal boundary.

(3) The Commissioner of Transportation where the property is adjacent to a state highway.

(4) The State Planning Commission for an application exceeding 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be filed with the administrative officer of Mendham.

[Amended 6-7-1999 by Ord. No. 15-99]

D. Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon mailing.

E. Verbatim recording required. The approving authority shall provide for the verbatim recording of the proceedings for public hearings by either stenographic, mechanical or electronic means. The authority shall furnish its transcript, or duplicate recording in lieu thereof, on request to any interested party, at his or her expense. The Board shall not charge an interested party more for such transcript than the maximum permitted in N.J.S.A. 2B:7-4 or N.J.S.A. 47:1A-2, as applicable. Such transcript shall be certified by the transcriber to be accurate.

[Amended 4-21-1980 by Ord. No. 8-80; 6-7-1999 by Ord. No. 15-99]

F. Written findings and conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.

G. Copies and notification of decision.

(1) A copy of the decision shall be mailed by the approving authority within 10 days of the decision to the applicant or, if represented, to his or her attorney without separate charge, and to all who request a copy of the decision for a fee as specified herein.

(2) A copy of the decision shall be filed with the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee, as specified herein, and available for public inspection at his or her office during reasonable hours.

(3) A brief notice of the decision shall be published in the official newspaper of the community. Such publication shall be arranged by the approving authority. The period of time in which an appeal of the decision may be made shall run from the date of the publication of the decision.

§ 195-8 Minimum standards; waiver provisions.

A. The rules, regulations and standards contained herein shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving authority may permit such waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

B. The waiver provisions of this section shall be applicable to the entire chapter herein, except where specifically prohibited by law.

C. Any waiver provided hereunder by the approving authority shall be specified in the written resolution of approval, whether conditional or otherwise, with the reasons granting such waiver also specified.