No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he or she has, either
directly or indirectly, any personal or financial interest. Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he or she 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 the 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 canceled
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 meeting
shall be held on notice to its members and public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
F.
A member of a municipal agency who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his or her absence from one or more of the meetings; provided, however,
that such Board member has available to him or her the transcript
or recording of all of the hearing from which he or she was absent
and certifies, in writing, to the Board that he or she has read such
transcript or listened to such recording.
[Added 4-21-1980 by Ord. No. 1980:372]
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and the persons appearing by attorney, the
action taken by the Board, the findings, if any, made by it and the
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal 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 or her
use as provided for in the rules of the Board.
[Amended 1-26-1977 by Ord. No. 1977:297; 9-9-1981 by Ord. No. 1981:419; 11-25-1991 by Ord. No. 1991:617]
A.
All fees as provided by existing ordinances of the
Borough of Closter shall be preserved and saved from repeal except
as the same may be inconsistent herewith.
B.
There are hereby established the following filing
fees which shall be paid by all applicants for variances, special
permits, subdivision approvals, site plan approvals and searches for
prior variances, subdivisions or site plan approvals and any other
applications made either to the Board of Adjustment or the Planning
Board. These fees shall be paid to the Secretary of the Planning Board
or the Board of Adjustment, depending on the Board to which application
has been made, and shall accompany all applications or appeals.
C.
Fees shall be as set forth in Chapter A301, Fees and Deposits.
[Added 1-3-1994 by Ord. No. 1993:663]
D.
Site plan or subdivision approval with variances. In any case wherein one or more variances are requested as a part of a site plan or subdivision development, the application shall be accompanied by a fee as set forth in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
E.
Deposit for costs. In all matters wherein either the applicant or the approving authority is required to publish notice of a hearing or a determination of the authority, the application shall be accompanied by a deposit intended to reimburse the Borough for the cost of such notification in an amount as set forth in Chapter A301, Fees and Deposits, payable at the time of the submission of the application.
[Amended 1-3-1994 by Ord. No. 1993:663]
[Added 4-21-1980 by Ord. No. 1980:372; amended 1-3-1994 by Ord. No. 1993:663]
B.
Deposit for inspection of site plan and subdivision.
The applicant shall deposit simultaneously with any application for
final site plan or subdivision approval the sum of 5% of the estimated
cost of improvements, less building construction costs, to cover engineering,
investigation and inspection of improvements, legal and planning costs,
recording fees and all other costs in connection with the site plan
or subdivision.
C.
Rules governing escrow deposits. 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 a reasonable time of receipt of the 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 Closter. Such funds on deposit shall be expended
to reimburse the municipality and the approving authority 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 the funds above and herein provided for, the administrative officer
shall notify the professionals and other consultants of the approving
authority that all appropriate examinations and reviews may be undertaken.
Should additional funds be required after the original deposit has
been exhausted, such additional funds shall be paid by the applicant
to the Treasurer of the Borough of Closter and placed in the appropriate
account, subject to the conditions above provided for. Funds remaining
in the escrow account at the completion of the project or phase of
the application procedure, as the case may be, shall be returned without
interest to the applicant as soon as is practicable. The approving
authority shall take no formal action unless all application fees
and escrow funds have been paid to the Treasurer of the Borough of
Closter, except those provided to be paid upon application for final
approval, which shall be payable to the Borough Treasurer at the time
specified. All escrow deposits 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,
together with the cost of posting official newspaper notices.
[Added 4-11-1990 by Ord. No. 1990:593; amended 1-3-1994 by Ord. No. 1993:663]
Upon the approval of any minor or major subdivision, the applicant shall pay to the Borough of Closter a fee as set forth in Chapter A301, Fees and Deposits, for the purpose of updating and amending the Borough Tax Map to reflect any necessary changes occasioned by said subdivision.
A.
Rules. The Planning Board and Zoning Board of Adjustment
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 this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he or she may designate shall have power to administer oaths
and to 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 P.L. 1953, c. 38 (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 limitation 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.
Each municipal agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall not be required to permit
any interested party to listen to its recording, but the municipal
agency shall furnish a transcript or duplicate recording in lieu thereof,
on request, to any interested party at his or her expense. The municipal
agency in furnishing a transcript shall not charge more than the maximum
permitted by N.J.S.A. 2B:7-4. Each transcript shall be certified,
in writing, by the transcriber to be accurate.
[Amended 4-21-1980 by Ord. No. 1980:372; 1-3-1994 by Ord. No. 1993:663]
[Amended 4-21-1980 by Ord. No. 1980:372; 5-25-2022 by Ord. No. 2022:1297]
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., whenever an
appeal of the decision of the Administrative Officer, Construction
Official, or Zoning Officer pursuant to N.J.S.A. 40:55D-72 is filed,
or pursuant to the determination of the municipal agency in question,
the application shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his or her agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his or her
address as shown on said 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 law to accept service on behalf of the corporation.
C.
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 § 35-34B of this Article to the owners of land 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 Municipal Clerk pursuant to Section 6b of P.L.
1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the 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 Municipal 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 requirements shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. 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.
[Amended 4-21-1980 by Ord. No. 1980:372; 1-3-1994 by Ord. No. 1993:663]
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 35-34 of this Code. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum as set forth in Chapter A301, Fees and Deposits, shall be charged for such list.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
shall include findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of the decision to the applicant or, if
represented, then to his or her attorney, without separate charge.
A copy of the decision shall also be mailed to all persons who have
requested it and who paid the fee prescribed by the Board for such
service. A copy of the decision shall also be filed in the office
of the Municipal 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 municipality.
C.
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.
[Added 4-21-1980 by Ord. No. 1980:372]
D.
The municipal agency may provide such written decision
and findings and conclusions, either on the date of the meeting at
which the municipal agency takes action to grant or deny approval
or, if the meeting at which such 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.
[Added 4-21-1980 by Ord. No. 1980:372]
E.
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 a 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 a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
[Added 4-21-1980 by Ord. No. 1980:372]
F.
Whenever a resolution of memorialization is adopted
in accordance with this section, the date of such adoption shall constitute
the date of the decision for purposes of the mailings, filings and
publications required by law.
[Added 4-21-1980 by Ord. No. 1980:372]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or 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,
or if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
Both the Planning Board and Board of Adjustment
shall schedule hours for the Secretaries of the respective Boards,
which hours shall coincide with the hours of the Building Inspector
at the Municipal Building for the performance of their duties. All
records pertaining to the Planning Board or Board of Adjustment shall
remain on the premises of the Municipal Building and not be removed.
[Added 4-21-1980 by Ord. No. 1980:372]
A.
In all instances wherein the Planning Board or, in
the proper case, the Zoning Board of Adjustment shall grant subdivision,
site plan or conditional use approval requiring the construction or
extension of municipal improvements, the dedication of lands for public
use, the construction of site improvements or other performance for
which a security may be required, there shall be executed by the developer
an agreement between it and the Borough of Closter to be drawn by
the Borough Attorney, specifying the nature and extent of the developer's
obligations.
B.
The following procedures shall be observed in connection
with the execution of such developer's agreements and the posting
of security.
(1)
Developer's agreements shall be signed by the Mayor
and Clerk; the Planning Board Chairman and Secretary; the Zoning Board
Chairman and Secretary, where applicable; and the developer.
[Amended 9-8-1981 by Ord. No. 1981:419]
(2)
An executed copy of the agreement shall be forwarded
to the developer's attorney with a letter advising that all necessary
bonds and escrows be posted with the Treasurer. A copy of this transmittal
is to be sent to the Treasurer, the Construction Official, the Engineer
and the administrator, together with a photocopy of the developer's
agreement.
(3)
The transmittal to the Treasurer would include a request
that he or she certify to the Construction Official (copy to Clerk,
Engineer and administrator) when the required bonds and escrows are
received by him.
(4)
The transmittal letter to the Construction Official
will advise him or her that he or she is instructed by the Mayor and
Council that no permits or certificates of occupancy are to be issued
until the Treasurer has certified receipt of all necessary bonds and
escrow funds.
(5)
Copies of all of the above are to be sent to the Borough
Attorney for his or her records.
(6)
The original of the developer's agreement will be
placed in a fireproof cabinet in the Clerk's office. The Planning
Board will also receive a signed copy for its file, which is ultimately
filed in the lot and block files located in the Clerk's office.
