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
request is made pursuant to N.J.S.A. 40:55D-60.
[Amended 4-21-1980 by Ord. No. 1980:372]
[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,[2] the Board of Adjustment shall act as the approving authority
for subdivision plats as a condition for filing such plats with the
county recording officer and for site plan approval as follows: 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 a part of the application.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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. 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 a 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]
E.
Minor site plan review.
[Added 3-11-1992 by Ord. No. 1992:618]
(1)
Pursuant to N.J.S.A. 40:55D-46.1, the Planning Board Chairman shall appoint a Site Plan Subcommittee. The Site Plan Subcommittee shall review applications where a development plan proposes a change of use to a use permitted in the zoning district (where § 173-27C is not applicable) for a building or structure or portion thereof which exceeds 2,000 square feet. The Site Plan Subcommittee may:
(a)
Determine that the development plan does require full site plan approval because of the applicability of § 173-27C and refer the application to the Planning Board for site plan review.
(b)
Determine that the development plan conforms
to the definition of minor site plan and refer the application to
the Planning Board for minor site plan review.
(c)
Determine that the development plan, while it conforms to the definition of a minor site plan, does not require Planning Board approval because the literal enforcement of the minor site plan requirements are impracticable or will exact undue hardship upon the applicant and the proposed change of use does not adversely affect any municipal considerations concerning the health, safety or general welfare. If the Planning Board Subcommittee makes this determination, it shall, in writing, refer the applicant to the administrative officer for issuance of a change of use certificate of occupancy which shall then be issued by the administrative officer. If this determination is made, the applicant shall have returned all but $25 of his or her application fee as provided in § 35-30C of this Code.
Filing fees, inspection fees, fees for specific
services and escrow fees, as required for the Land Subdivision and
Site Plan Review Ordinance, shall be in accordance with the requirements
of the Closter Procedures Ordinance pertaining to the Planning Board
and the Board of Adjustment.[1] All required fees shall be paid in cash or certified or
bank checks, payable to the Borough of Closter.
A.
When required. A public hearing shall be required
for all applications except minor subdivision approval and final subdivision
approval and final site plan review.
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.
Notice of public hearing.
(1)
The applicant shall give notice of a public hearing
to the owners of all real property as shown on the current tax records
located within 200 feet in all directions of the property in question.
(2)
Said notice 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 subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Borough Tax Collector's office, a duplicate copy of which shall be forwarded to the administrative officer. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to § 173-7B.
(3)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(4)
The applicant shall also cause notice of the hearing
to be published in a newspaper of general circulation in the borough
at least 10 days prior to the public hearing.
(5)
Proof of service upon property owners and proof of
publication in affidavit form shall be submitted to the administrative
officer no less than 48 hours prior to the commencement of the public
hearing.
D.
Certification of list of persons entitled to notice.
Upon the written request of an applicant, the Tax Assessor of the
Borough of Closter shall, within seven days, make and certify a list
from said current tax duplicates of names and addresses of owners
to whom the applicant is required to give notice. 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.
E.
Other notification. The applicant shall provide that
notice for a hearing on an application for the development of property
be given by personal service or certified mail to:
(1)
The Clerk of a municipality when 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 Director of State and Regional Planning in the
Department of Community Affairs 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 the Borough of Closter.
F.
Effect of mailing notice. Any notice made by certified
mail shall be deemed complete upon mailing.
G.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographer, mechanical or electronic means for public hearings.
The authority shall furnish its transcript, or duplicate recording
in lieu thereof, on request to any interested party at his or her
expense.
H.
Written findings and conclusions. Each decision of
the approving authority shall be in writing and shall include findings
of facts and conclusions based thereon.
I.
Copies and notification of decision.
(1)
A copy of the decision shall be mailed by the approving
authority within 10 days of the date 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. A copy of the decision shall also be filed by 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.
(2)
A brief notice 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 publication of the decision.
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.
[Added 11-28-1979 by Ord. No. 1979:367]
A.
Approval.
[Amended 5-25-1994 by Ord. No. 1994:672]
(1)
Where a development agreement is required to be executed
governing off-tract improvements, on-tract improvements, performance
guaranties, maintenance guaranties or other conditions as may be required
by this chapter or by the approving authority, said development agreement
shall be drafted by and satisfactory to the following:
(2)
In either case, the development agreement shall be
reviewed by the Borough Attorney and, thereafter, approved by the
governing body. Said development agreement may include, but need not
be limited to, the amount of cash contributions, if any, required,
the method of payment and the obligations to be undertaken by the
Borough of Closter, if any.
[Amended 3-12-2014 by Ord. No. 2014:1154]
B.
All performance guaranties and maintenance guaranties
required by this chapter shall be in writing and shall be reviewed
by the Borough Attorney as to form, sufficiency and execution and
approved by the governing body.
[Added 4-21-1980 by Ord. No. 1980:372]
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.