Every municipal agency shall adopt, and may
amend, reasonable rules and regulations, not inconsistent with this
chapter, for the administration of its functions, powers and duties,
and shall furnish a copy thereof to any person upon request and may
charge a reasonable fee for such copy. Copies of all such rules and
regulations and amendments thereto shall be maintained in the office
of the Town Clerk.
A.
Every municipal agency shall by its rules fix the time and place for holding its regular meeting for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may hold special meetings, at the call of the Chairman or on the request of any two of its members, which shall not be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by sections of this chapter and Sections 23, 25, 49 and 50 of P.L. 1975, C. 291. Failure of a motion to receive the number of votes required to approve an application pursuant to the exceptional vote requirements of Section 25 of P.L. 1975, C. 291, of Article VI of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for the governing body.
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with municipal regulations. An executive session for
the purpose of discussion and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this act.
C.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the municipal agency and of the persons appearing by attorney, the
action taken by the municipal agency, 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 administrative officer. Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his use.
[Amended by Ord. No. 17-92]
A.
When required. The Planning Board or the Board of
Adjustment, as the case may be, shall hold a hearing on each application
for development. The Planning Board shall also hold a hearing on the
adoption, revision or amendment of a master plan. The governing body
shall hold a hearing on the adoption or amendment of a development
regulation, an official map or a capital improvements program.
(1)
The municipal agency shall make rules governing such
hearings. 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.
(2)
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, P.L. 1953, C. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3)
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 limitations as to time and number of witnesses.
(4)
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense. The transcript shall be certified in writing
by the transcriber to be accurate.
B.
Notice of hearing on application for development or adoption of master plan. Notice pursuant to Subsection B(1) and (2) below shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection B(1) below, an 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 pursuant to Subsection A(1) of this section.
(1)
Notice of application. Notice pursuant to Subsection B(1)(a), (b), (c), (d), (e), (f), (g) and (h) below shall be given by the applicant. The notice shall be given at least 10 days prior to the date of hearing.
(a)
Public notice of a hearing on an application for development shall be given, except for conventional site plan review, minor subdivisions, or final approval, provided that public notice shall be given in the event that relief is requested pursuant to Article VI of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the town's official newspaper of general circulation in the town.
(b)
Notice.
[1]
Notice of hearing requiring public notice pursuant to Subsection B(1)(a) above 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 condominium association, in the case of any unit owner whose unit has a unit above it or below it; or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
[2]
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 homeowners on account of such common elements
or areas.
(c)
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 Subsection B(1)(h) of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant Subsection B(1)(h) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10, whichever is greater shall be charged for such list.
(d)
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.
(e)
Notice shall be given by personal service or
certified mail to the County Planning Board of any 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 situated within 200 feet of a
municipal boundary.
(f)
Notice shall be given by personal service or
certified mail to the Commissioner of Transportation of any hearing
on an application for development of property adjacent to a state
highway.
(g)
Notice shall be given by personal service or certified mail to the Director of the State and Regional Planning Division 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 § 300-7A(1).
(h)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection B(1)(a) of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with Subsection B(1)(c) of this section by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(i)
The applicant shall file an affidavit of proof
of service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this subsection.
(2)
Notice concerning master plan. The Planning Board
shall give:
(a)
Public notice of a hearing on adoption, revision
or amendment of the master plan; such notice shall be given by publication
in the official newspaper of the municipality, if there be one, or
in a newspaper of general circulation in the municipality at least
10 days prior to the date of the hearing.
(b)
Notice by personal service or certified mail
to the Clerk of an adjoining municipality of all hearings on adoption,
revision or amendment of a master plan involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
(c)
Notice by personal service or certified mail
to the County Planning Board of all hearings on the adoption, revision
or amendment of the municipal master plan at least 10 days prior to
the date of the hearing; such notice shall include a copy of any such
proposed master plan, or any revision or amendment thereto; and the
adoption, revision or amendment of the master plan not more than 30
days after the date of such adoption, revision or amendment; such
notice shall include a copy of the Master Plan or revision or amendment
thereto.
C.
Decision.
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in the act for action by the municipal agency
on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote or a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to § 300-6A of this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorialization resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required of Subsection C(2) and (3) of this section. If specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
(2)
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant, or
if represented then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency in
the office of the Town Clerk. The Town Clerk shall make a copy of
such filed decision available to any interested party for a reasonable
fee and available for public inspection at his office during reasonable
hours.
(3)
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there be one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the Town Clerk, provided that nothing in this
chapter shall be construed as preventing the applicant from arranging
such publication if he so desires. The municipality may make a reasonable
charge to the applicant for its publication. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the municipality
or the applicant.
D.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or official map.
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearing, and the adoption, revision or amendment
of the municipal capital improvement program or municipal official
map not more than 30 days after the date of such adoption, revision
or amendment. Any notice provided hereunder shall include a copy of
the proposed development regulation, the municipal official map or
the municipal capital program, or any proposed revision or amendment
thereto, as the case may be. Notice of hearings to be held pursuant
to this subsection shall state the date, time and place of the hearing
and the nature of the matters to be considered. Any notice by certified
mail pursuant to this subsection shall be deemed complete upon mailing.
E.
Filing of chapter. This chapter or any revision or
amendment thereto shall not take effect until a copy thereof has been
filed with the County Planning Board. An official map shall not take
effect until filed with the county recording officer. Copies of this
chapter and any revisions or amendments thereto shall be filed and
maintained in the office of the Town Clerk.
[Amended by Ord. No. 17-92]
Any interested party may appeal to the Board of Aldermen any final decision of the Board of Adjustment approving any application for development pursuant to Article VI.
A.
Time of appeal. Any such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 300-7C(3). The appeal to the governing body shall be made by serving the Town Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
B.
Meeting date and notice. A meeting date shall be established by the governing body, and notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 300-7C(3) and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 300-7A(5).
C.
Time limit for decision.
(1)
(2)
The Board of Aldermen shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 300-7C(3) unless the applicant consents in writing to an extension of such period. Failure of the Board of Aldermen to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board of Adjustment.
D.
Decision. The Board of Aldermen may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to Article VI. The review shall be made on the record before the Board of Adjustment. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed. A tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment.
E.
Stay of proceedings. An appeal to the governing body
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the Board of Adjustment
certifies to the governing body, after the notice of appeal shall
have been filed with that Board, that by reasons of facts stated in
the certificate a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court on application upon notice
to the Board of Adjustment and on good cause shown.
F.
Notice of decision. The governing body shall mail
a copy of the decision to the appellant or if represented, then to
his attorney, without separate charge, and for a reasonable charge
to any interested party who has requested it, not later than 10 days
after the date of the decision. A brief notice of the decision shall
be published in the official newspaper of the municipality, if there
be one, or in a newspaper of general circulation in the municipality.
Such publication shall be arranged by the Town Clerk, provided that
nothing contained herein shall be construed as preventing the applicant
from arranging such publication if he so desires. The governing body
may make a reasonable charge for its publication. The period of time
in which an appeal to a Court of competent jurisdiction may be made
shall run from the first publication, whether arranged by the municipality
or the applicant.
G.
Court review. Nothing in this chapter shall be construed
to restrict the right of any party to obtain a review by any court
of competent jurisdiction according to law.
H.
Vote following absence. A member of the governing
body who was absent from 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 absence from one or more of the
meetings, provided that such member has available to him the transcript
or recording of all of the hearing from which he was absent and certifies
in writing to the governing body that he has read such transcript
or listened to such recording.
Any power expressly authorized by this chapter
to be exercised by the Planning Board or the Board of Adjustment shall
not be exercised by any other body, except as otherwise provided in
this chapter.
In the event that, during the period of approval
heretofore or hereafter 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 the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval shall
be suspended for the period of time the legal action is pending or
such directive or order is in effect.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, 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 the public health and welfare, the municipal agency shall
process such application for development in accordance with this act
and municipal development regulations, and, if such application for
development complies with municipal development regulations, the municipal
agency shall approve such application conditioned on removal of such
legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipality shall make
a decision on any application for development within the time period
provided in this act or within an extension of such period as has
been agreed to by the applicant unless the municipal agency is prevented
or relieved from so acting by the operation of law.
[Amended by Ord. No. 37-92]
There is hereby established in connection with
various applications for development and other matters which are the
subjects of this chapter the following schedule of fees which shall
be paid by the appropriate parties.
A.
Copy of decision of governing body to interested party in connection with an appeal pursuant to § 300-8: $10.
B.
Publication in newspaper of decision of governing body on an appeal pursuant to § 300-8: Cost of publication.
C.
Development applications:
(1)
Subdivisions.
(a)
Minor subdivision; concept plan: $25.
(b)
Minor subdivision; simple lot line change: $50.
(c)
Minor subdivision; other: $100.
(d)
Major subdivision; concept: $50.
(e)
Major subdivision; preliminary: $100 per lot,
minimum $500.
(f)
Major subdivision; final: $50 per lot, minimum
$250.
(g)
Amendment to an approved subdivision: 50% of
the original fee.
(2)
Site plan. For purposes of determining the site plan
fee, if only a portion of a property is to be developed and the property
can be further subdivided under the requirements of this chapter,
the lot area shall be construed to be an area which can be subdivided
under the requirements of this chapter wherein all proposed buildings
and improvements would meet all required setback and yard requirements.
When a site plan for a new building or structure or addition thereto
does not involve off-street parking, traffic circulation or drainage
facilities, the site plan filing fee as it pertains to lot area shall
apply only to the ground floor area of the building or structure.
(a)
Concept: $50.
(b)
Minor: $100.
(c)
Preliminary; conventional: $5/1,000 square feet
of lot area plus $5/100 square feet of floor area with a minimum of
$500.
(d)
Preliminary; multifamily: $75/dwelling unit
with a minimum of $500.
(e)
Final; conventional: $3/1,000 square feet of
lot area plus $3/100 square feet of floor area with a minimum of $250.
(f)
Final; multifamily: $25/dwelling unit with a
minimum of $250.
(g)
Combined preliminary and final: $100 plus preliminary
fee.
(h)
Amendment to an approved site plan: 50% of the
original fee.
D.
Conditional use applications: $400.
E.
Variances and appeals:
(2)
Interpretation of zoning map or zoning regulations or for decision on other special questions pursuant to Article VI: $100.
(3)
Variances pursuant to Article VI from lot area, lot dimensional, setback, maximum building coverage, maximum lot coverage, steep slopes and yard requirements: $ 250.
[Amended 3-18-2013 by Ord. No. 5-2013]
(4)
Variances from 1) a use or principal structure in a district restricted against such use or principal structure; 2) an expansion of a nonconforming use; 3) deviation from a specification or standard pertaining solely to a conditional use; 4) an increase in the permitted floor area ratio; 5) an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or 6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure pursuant to Article VI: $500.
[Amended 3-18-2013 by Ord. No. 5-2013]
G.
Request for zone changes or amendment to zoning regulations:
$100.
[Amended by Ord. No. 17-92; Ord. No. 37-92; Ord. No. 35-95]
In addition to the filing fees required by § 300-12, all applications for development submitted to the Planning Board and/or Board of Adjustment shall be accompanied by a deposit of adequate funds to cover the cost of professional services in connection with the review of said application by the Town Engineer, Town Planner, Town Attorney, Board Attorney and any other professional whose services are deemed necessary with respect to processing the application by the approving authority in order to assure compliance with the provisions of this chapter. Technical review fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees established each year by resolution of the Planning Board and Board of Adjustment, all in accordance with the provisions of Section 13 of P.L. 1991, C. 256 (N.J.S.A 40:55D-53.2), as amended. At the time of filing an application for development the applicant shall pay the Town an initial deposit for technical review fees in accordance with the following schedule:
A.
Subdivisions.
(1)
Minor subdivision; concept plan: $250/lot. If professional
review is requested by the applicant.
(2)
Minor subdivision; simple lot line change: $250/lot.
(3)
Minor subdivision; other: $500/lot.
(4)
Major subdivision; concept: $200/lot. If professional
review is requested by the applicant.
(5)
Major subdivision; preliminary: $300/lot.
(6)
Major subdivision; final: $200/lot.
(7)
Amendment to an approved subdivision: 50% of the original
fee per lot.
B.
Site plans. For purposes of determining the site plan
fee, if only a portion of a property is to be developed and the property
can be further subdivided under the requirements of this chapter,
the lot area shall be construed to be an area which can be subdivided
under the requirements of this chapter wherein all proposed buildings
and improvements would meet all required setback and yard requirements.
When a site plan for a new building or structure or addition thereto
does not involve off-street parking, traffic circulation or drainage
facilities, the site plan filing fee as it pertains to lot area shall
apply only to the ground floor area of the building or structure.
(1)
Concept: $15 per 1,000 square feet of lot area plus
$15 per 100 square feet of floor area. If professional review is requested
by the applicant.
(2)
Minor: $10 per 1,000 square feet of lot area plus
$10 per 100 square feet of floor area.
(3)
Preliminary: $15 per 1,000 square feet of lot area
plus $15 per 100 square feet of floor area.
(4)
Final: $10 per 1,000 square feet of lot area plus
$10 per 100 square feet of floor area.
(5)
Combined preliminary and final: combined preliminary
and final fees.
(6)
Amendment to an approved site plan: 50% of the original
fee.
C.
Conditional use application: $300.
D.
Variance and appeals.
(1)
Appeal of decision of zoning official: $250.
(2)
Interpretation of zoning map or regulations: $250.
(3)
Variances pursuant to Article VI from lot area, lot dimensional, setback, maximum building coverage, maximum lot coverage, steep slopes and yard requirements: $1,000 maximum.
[Amended 3-18-2013 by Ord. No. 5-2013]
(4)
Variances from 1) a use or principal structure in a district restricted against such use or principal structure; 2) an expansion of a nonconforming use; 3) deviation from a specification or standard pertaining solely to a conditional use; 4) an increase in the permitted floor area ratio; 5) an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or 6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure pursuant to Article VI: $1,500.
[Amended 3-18-2013 by Ord. No. 5-2013]
(5)
Direction for issuance of permit involving a mapped
street or public drainageway, flood control basin or public area:
$500.
(6)
Direction for issuance of permit not related to a
street: $500.
F.
Request for zone change or amendment to zoning regulations:
$1,500.
[Added by Ord. No. 37-92; amended by Ord. No. 12-93; Ord. No. 35-93]
The administration of technical review escrow
deposits shall be in accordance with the provisions of Section 13
of P.L. 1991, C. 256 (N.J.S.A. 40:55D-53.2), as amended.
