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 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 or for lack of
a quorum.
B.
Special meetings may be provided for at the call of
the Chair 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 present at the meeting except as otherwise required by any
provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or this chapter. Failure of a motion to receive the number of votes
required to approve an application for development shall be deemed
an action denying the application.
F.
A member of a Board 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 the hearings 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.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the 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
administrative officer. 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 reasonable fee for reproduction of the minutes
for his or her use as provided for in the rules of the Board.
[Amended 7-12-2005 by Ord. No. 05-34; 7-25-2006 by Ord. No. 06-42; 2-15-2011 by Ord. No. O-11-002]
A.
Escrow deposits. Municipal agencies shall require escrow deposits by an applicant in accordance with the provisions of this section. The escrow deposits shall be in addition to the application fees required in § 202-28. Such funds shall be used by the municipal agencies to pay professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
B.
Scope of reimbursed services. The Township shall be entitled to be
reimbursed for the review of applications, both as to completeness
and as to content; for the review and preparation of documents, such
as, but not limited to, drafting resolutions, developer's agreements
and necessary correspondence with the applicant or the applicant's
professionals. Prior to and as a condition of an application being
considered complete, an applicant shall submit to the Township of
Montclair, to be held in escrow, the amount indicated below. Where
more than one fee category applies, the fee shall equal the total
of the fees required for each type of application requested.
(2)
Site plans.
(a)
Concept plans: $250.
(b)
Minor site plan: $1,000.
[Amended 6-18-2013 by Ord. No. O-13-23; 7-13-2021 by Ord. No. O-21-14]
(c)
Preliminary site plan: $2,000, plus $200 per dwelling unit (residential),
or plus $100 per 1,000 square feet of building area or portion thereof
(nonresidential).
(d)
Final site plan: 50% of preliminary site plan escrow deposit.
(e)
If an applicant submits a preliminary and final site plan to
be processed simultaneously, the applicant must file the appropriate
fees as set forth in Subsection B2(c) and (d) of this section.
(f)
Amendments to approved site plans: 1/4 of escrow fee.
(3)
Conditional use permit: $500.
(4)
Variances and appeals.
(a)
Applications pursuant to N.J.S.A. 40:55D-70(a), (b) and (c)
for multifamily and nonresidential development: $500 for the first
variance and $250 for each additional variance.
[Amended 4-25-2023 by Ord. No. O-23-09]
(b)
Applications pursuant to N.J.S.A. 40:55D-70(a), (b) and (c)
for one- and two-family homes: $500.
[Amended 7-13-2021 by Ord. No. O-21-14]
(c)
Use variance application pursuant to N.J.S.A. 40:55D-70(d):
$1,500.
(5)
New or expanded parking lots (for multifamily and nonresidential
development): $1,500.
(6)
New or expanded residential parking areas with five or fewer parking
spaces: $850.
[Amended 7-13-2021 by Ord. No. O-21-14]
(7)
Applications requiring Board Engineer review: $750.
[Amended 4-25-2023 by Ord. No. O-23-09]
(8)
Applications for wireless telecommunications antenna and equipment:
$1,500.
(10)
Appeal from an administrative decision: $1,500.
(12)
Zone change: $1,500.
(13)
Historic preservation advisory review: $250.
[Added 6-18-2013 by Ord. No. O-13-23]
(14)
Demolition application review: $350.
[Added 11-16-2020 by Ord. No. O-20-22]
C.
Deposit of escrow funds; refunds. Deposits received from any applicant
in excess of $5,000 shall be held by the Chief Financial Officer in
a special interest-bearing deposit account, and, upon receipt of bills
from professionals and approval of said bills as hereinafter provided
for, the Chief Financial Officer may use such funds to pay the bills
submitted by such professionals or experts. The municipality shall
not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, the entire amount shall belong to the applicant and
shall be refunded to him by the municipality annually or at the time
the deposit is repaid or applied for the purposes for which it was
deposited, as the case may be, except that the municipality may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses. All sums not actually so expended shall be
refunded to the applicant within 90 days after the final decision
by the appropriate municipal agency with respect to such application,
upon certification by the Board Secretary that such application has
been finally decided.
D.
Payments.
(1)
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional which voucher shall
identify the personnel performing the service, and each date the services
were performed, the hours spent to one-quarter-hour increments, the
hourly rate and the expenses incurred. All professionals shall submit
vouchers to the Chief Financial Officer. The professional shall send
an informational copy of all vouchers or statements submitted to the
Chief Financial Officer of the municipality simultaneously to the
applicant and the municipal agency for whom said services were performed.
(2)
The Chief Financial Officer shall prepare and send to the applicant
a statement which shall include an accounting of funds listing all
deposits, interest earnings, disbursements and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
E.
Payments required prior to issuance of permits. No zoning permits,
building permits, certificates of occupancy or any other types of
permits may be issued with respect to any approved application for
development until all bills for reimbursable services have been received
by the municipality from professional personnel rendering services
in connection with such application and payment has been made.
F.
Close-out procedures.
(1)
The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of N.J.S.A. 40:D-1
et seq. and shall commence after the approving authority has granted
final approval and signed the subdivision plat or site plan, in the
case of application review escrows and deposits, or after the improvements
have been approved in accordance with N.J.S.A. 40:55D-53, in the case
of improvement inspection escrows and deposits.
(2)
The applicant shall send written notice by certified mail to the
Chief Financial Officer of the municipality and the approving authority
and to the relevant municipal professional, that the application or
the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
G.
Scope of charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governmental agency and not under municipal jurisdiction except to
the extent consultation with a state agency is necessary due to the
effect of state approvals on the subdivision or site plan.
H.
Limitation of inspection fees. Inspection fees shall be charged only
for actual work shown on a subdivision or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
I.
Substitution of professionals. If the municipality retains a different
professional or consultant in the place of a professional originally
responsible for development application review, or inspection of improvements,
the municipality or approving authority shall be responsible for all
time and expenses of the new professional to become familiar with
the application or the project, and the municipality or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
J.
Estimate of cost of improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Municipal Engineer based on documented construction costs for
the public improvements prevailing in the general area of the municipality.
The developer may appeal the Municipal Engineer's estimate to the
County Construction Board of Appeals, established pursuant to N.J.S.A.
52:27D-127.
K.
Appeals.
(1)
An applicant shall notify in writing the governing body with copies
to the Chief Financial Officer, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for a service rendered to the municipality in reviewing applications,
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2.
The governing body or its designee shall within a reasonable time
attempt to remediate any disputed charges. If the matter is not resolved
to the satisfaction of the applicant, the applicant may appeal to
the County Construction Board of Appeals, established pursuant to
N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by
any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the municipality, approving authority, and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2(c), except
that if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the municipal statement of activity against
the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c).
An applicant may file an appeal for an ongoing series of charges by
a professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(2)
Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals. During the
pendency of any appeal, the municipality or approving authority shall
continue to process, hear and decide the application for development
and to inspect the development in the normal course and shall not
withhold, delay or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending under this subsection. The Chief Financial
Officer of the municipality may pay charges out of the appropriate
escrow account or deposit for which an appeal has been filed. If a
charge is disallowed after payment, the Chief Financial Officer of
the municipality shall reimburse the deposit or escrow account in
the amount of any such disallowed charge or refund the amount to the
applicant. If a charge is disallowed after payment to a professional
or consultant who is not an employee of a municipality, the professional
or consultant shall reimburse the municipality in the amount of any
such disallowed charge.
[Amended 6-13-2006 by Ord. No. 06-20; 2-15-2011 by Ord. No.
O-11-002]
A.
The following constitutes the Planning Board and Board of Adjustment
fee schedule:
(2)
Site plans.
(a)
Concept plan: $250.
(b)
Minor site plan: $500.
(c)
Preliminary major site plan approval: $500, plus $25 per housing
unit for residential development; and $500, plus $10 per 1,000 square
feet of building area for nonresidential development.
(d)
Final major site plan approval: 50% of the fee required for
preliminary site plan.
(e)
Amendments to approved site plans: 50% of application fee.
(3)
Conditional use permit: $300.
(5)
Historic Preservation Commission certificate of appropriateness:
$100.
(6)
Appeal from administrative decision: $200.
(8)
Direction for issuance of a permit pursuant to maintaining the Official
Map (N.J.S.A. 40:55D-34 and 40:55D-36): $250.
(9)
Certified list of property owners: $10.
[Amended 10-4-2011 by Ord. No. O-11-52]
(10)
Reproduction of recorded hearing: $10 per compact disc.
(11)
Reproduction of transcript: Same as cost to municipality, not
to exceed statutory maximum.
(13)
Special meeting: $800.
(14)
Zoning permit: $50.
(15)
Zone change: $1,000.
[Amended 9-29-2015 by Ord. No. O-15-025]
(16)
Zoning Map: $20.
[Added 10-4-2011 by Ord. No. O-11-52; amended 9-29-2015 by Ord. No. O-15-025]
(18)
Total demolition application: $200.
[Added 11-16-2020 by Ord. No. O-20-22]
B.
When an application involves two or more fee categories, the fee
shall equal the total of the fees required for each type of application
requested.
[Added 6-13-2006 by Ord. No. 06-20]
An applicant shall pay inspection fees equal
to the actual expenses incurred with respect to:
A.
The inspection of on-site, on-tract, off-site and
off-tract improvements constructed or installed by the applicant in
accordance with the terms and conditions of subdivision and/or site
plan approval or the grant of a variance;
B.
The testing of materials or construction work performed
by the applicant in the event that such testing is deemed necessary
by the Township;
C.
Analyses or tests to determine compliance by the applicant
with any monitoring standards established by the terms and conditions
of subdivision or site plan approval; and
D.
The inspection of improvements constructed or installed
by the applicant for purposes of determining compliance with any maintenance
obligations of the applicant.
(1)
The improvements constructed or installed to
meet the requirements of subdivision or site plan approval, which
are the subject of inspection, include the following: pavement subgrade,
base course pavement, surface course pavement, sidewalks, storm drainage
facilities, sanitary sewerage facilities, street signs, topsoil and
erosion protection, grading, landscaping and monuments. An applicant
shall give notice at least 24 hours in advance of the undertaking
of any work which is the subject of inspection. Overtime inspection
will not be provided unless special arrangements are made therefor
prior to the overtime period. Inspection fees shall be calculated
in accordance with the actual time required for inspection at rates
established annually by the Board of Adjustment and/or the Planning
Board.
(2)
At the time of the granting of final subdivision
or site plan approval, or prior to the commencement of any work on
subdivision or site plan improvements, if such work is undertaken
before final approval, the applicant shall pay to the Township an
initial deposit for inspection fees. Such initial deposit shall be
in accordance with N.J.S.A. 40:55D-53h and shall be equal to the greater
of $500 or 5% of the estimated costs of improvements. The estimated
costs of improvements shall be determined by the Board Engineer based
on documented construction costs for public improvements prevailing
in the general area of the municipality. For inspection fees less
than $10,000 fees may be paid in two equal installments. For inspection
fees over $10,000, fees may be paid in four equal installments. Whenever
the balance falls below 10% of the deposit, the developer shall deposit
the next installment.
(3)
Inspections shall not relieve the applicant
from the obligation to perform work strictly in accordance with the
approved plans and specifications or the obligation to perform work
in a workmanlike manner using first-class materials. Until such time
as the Township Council shall approve the construction and installation
of any improvement by a resolution adopted pursuant to the provisions
of N.J.S.A. 40:55D-53e(1), any improvements not in compliance with
the aforesaid plans, specifications or standards shall be replaced,
reconstructed or repaired by the applicant notwithstanding any previous
oversight or error in inspection.
[Amended 10-6-1998 by Ord. No. 98-40; 2-20-2007 by Ord. No. 07-07; 4-21-2011 by Ord. No. O-11-023]
Applications for development shall be filed with the Secretary of the Board at least 25 days before the monthly meeting of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board who shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. An application for development shall mean an application certified as complete by the Secretary of the Board pursuant to § 202-29.1 and § 202-29.2.
[Added 4-21-2011 by Ord. No. O-11-023]
An application for development shall include all of the following
items:
A.
Properly completed application forms (20 copies) which contain the
following information:
(1)
The proposal/business overview.
(2)
Property information, including zone of property and block/lot.
(3)
Applicant and owner information.
(4)
Application fee and escrow fee (if required) paid to the Township
of Montclair.
(5)
Proof that taxes have been paid, certified by the Municipal
Tax Collector (original).
(6)
Applicant's verification signature and owner's authorization
signature.
(7)
Proposed signage with the application, including dimensions,
proposed materials and a rendering of the sign.
B.
Paper, and digital copies in PDF format, of plans, maps and construction
details as required in the appropriate checklist. The requirement
for digital copies is optional but strongly encouraged for applications
involving one- and two-family homes.
[Amended 7-21-2015 by Ord. No. O-15-016]
C.
Corporation or partnership form.
D.
Affidavit of ownership/authorization form.
E.
Copies of approvals of other government agencies as may be required
or an affidavit indicating that application has been made to such
agencies.
F.
A listing of all variance requests, waiver requests and checklist
waiver requests.
G.
Original survey signed and sealed by a New Jersey-licensed surveyor
(20 copies). An ALTA/ACSM survey is required for all major site plan
and subdivision applications.
[Amended 9-24-2019 by Ord. No. O-19-029]
H.
Photos of the building and property.
[Added 4-21-2011 by Ord. No. O-11-023]
The following items are required for submission of a complete
application to the Planning Board or the Board of Adjustment. Some
items may not apply to all applications. The applicant may request
that certain items be waived by the Board.
A.
Concept plans.
(1)
Name and address of the applicant and the owner.
(2)
Name, address and title of the person preparing the plan, maps
and accompanying data.
(3)
Date of preparation and the dates of each revision, where applicable.
(4)
Signature and certification, as appropriate, by a registered
engineer, land surveyor and/or architect, with property survey data
to be based on current conditions as they exist.
(5)
Lot and block number or numbers of the lot or lots from the
Township Tax Maps.
(6)
Length and bearings of the lot lines of the proposed project.
(7)
Map scale and north arrow.
(8)
Zone district in which the lot or lots are located and the zone
district or districts of all the immediately adjoining lots.
(9)
All existing structures and wooded areas within the site and
within 200 feet thereof.
(10)
Existing contours at sufficient intervals to determine the general
slope and natural drainage of the land.
(11)
The original and proposed lot layout, lot dimensions and total
area of each lot, if applicable.
(12)
A site illustration, indicating with sufficient accuracy all
boundaries of the site with natural features of the land and showing
all developed, undeveloped and to-be-developed portions.
B.
Variance applications
(1)
Name and address of the applicant and the owner.
(2)
Name, address and title of the person preparing the plan, maps
and accompanying data.
(3)
Date of preparation and the dates of each revision, where applicable.
(4)
Signature and certification, as appropriate, by a registered
engineer, land surveyor and/or architect, with property survey data
to be based on current conditions as they exist.
(5)
Lot and block number or numbers of the lot or lots from the
Township Tax Maps.
(6)
Area of lot or lots and the length and bearings of the lot lines
of the proposed project.
(7)
Scale and north sign and key map relating the site to the streets
in the surrounding area.
(8)
Zone district in which the lot or lots are located and the zone
district or districts of all the immediately adjoining lots.
(9)
Existing and proposed principal building or structure and all
accessory buildings or structures, if any, with dimensions showing
present and finished grade elevations at all corners and entrances
of said building or structures, first-floor elevations and the complete
floor plans and elevation plans thereof.
(10)
Other information necessary to show the nature and extent of
the variance requested.
C.
Minor site plan.
(1)
Name and address of the applicant and the owner
(2)
Name, address and title of the person preparing the plan, maps
and accompanying data.
(3)
Date of preparation and the dates of each revision, where applicable.
(4)
Signature and certification, as appropriate, by a registered
engineer, land surveyor and/or architect, with property survey data
to be based on current conditions as they exist.
(5)
An appropriate place for the signatures of the Chair and Secretary
of the Planning Board or Zoning Board of Adjustment and the Township
Engineer.
(6)
Lot and block number or numbers of the lot or lots from the
Township Tax Maps.
(7)
Area of lot or lots and the length and bearings of the lot lines
of the proposed project.
(8)
Scale and north sign and key map relating the site to the streets
in the surrounding area.
(9)
Zone district in which the lot or lots are located and the zone
district or districts of all the immediately adjoining lots.
(10)
Existing and proposed principal building or structure and all
accessory buildings or structures, if any, with dimensions showing
present and finished grade elevations at all corners and entrances
of said building or structures, first-floor elevations and the complete
floor plans and elevation plans thereof.
D.
Major site plan and subdivision applications.
(1)
Name and address of the applicant and the owner.
(2)
Name, address and title of the person preparing the plan, maps
and accompanying data.
(3)
Date of preparation and the dates of each revision, where applicable.
(4)
Signature and certification, as appropriate, by a registered
engineer, land surveyor and/or architect, with property survey data
to be based on current conditions as they exist.
(5)
An appropriate place for the signatures of the Chair and Secretary
of the Planning Board or Zoning Board of Adjustment and the Township
Engineer.
(6)
The lot and block number or numbers of the lot or lots from
the Township Tax Maps.
(7)
Length and bearings of the lot lines of the proposed project.
(8)
Scale and north sign and key map relating the site to the streets
in the surrounding area.
(9)
Zone district in which the lot or lots are located and the zone
district or districts of all the immediately adjoining lots.
(10)
Location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question.
(11)
Location, size and nature of the entire lot or lots in question
and any contiguous lots owned by the applicant or in which the applicant
has a direct or indirect interest.
(12)
Location, names and pavement and right-of-way widths of all
existing and proposed streets abutting the lot or lots in question.
(13)
Property lines of all abutting properties, together with the
names and addresses of the owners as disclosed on the Township Tax
Maps and tax rolls as of the date of the site plan application, and
the location of the existing structures within 100 feet of the property
line for properties abutting the site in question.
(14)
Existing and proposed principal building or structure and all
accessory buildings or structures, if any, with dimensions showing
present and finished grade elevations at all corners and entrances
of said building or structures, first-floor elevations and the complete
floor plans and elevation plans thereof.
(15)
Present and proposed topography, based on New Jersey Geodetic
Control Survey datum, at two-foot contour intervals, including 100
feet outside the site to show the relationship to adjoining properties.
(16)
Existing and proposed setback dimensions, landscaped areas and
trees over six inches caliper.
(17)
Location, type and size of existing and proposed curbs, sidewalks,
driveways, street pavement widenings, fences, retaining walls, parking
space areas and the layouts thereof and all off-street loading areas,
together with the dimensions of all the foregoing, for the site and
the nearest portions of properties abutting the site; number of employees,
total and maximum, on one shift.
(18)
Location, type and size of existing and proposed catch basins
and storm drainage facilities, both frame and invert elevations and
all utilities, both above- and below ground.
(19)
All existing and proposed signs and their size, nature of construction
and location, and all existing and proposed exterior lighting, including
size, nature of construction, location, height, the area and direction
of illumination and the lumen power.
(20)
Soil erosion and sediment control plan for sites where over
5,000 square feet of ground area is being disturbed.
(21)
Cost estimates and proposed construction and maintenance bonds
and construction time schedules related to building construction for
any required improvements not proposed to be completed before the
issuance of a certificate of occupancy.
(22)
Plans for any off-tract improvements, including cost estimates
and calculations of the share to be borne by the developer.
(23)
Any and all other information and data necessary to meet any
of the requirements of this chapter not listed above.
(24)
Landscape plans, showing name, quantity, location, size as to
caliper and height of existing and proposed trees, shrubs and all
plant materials, prepared by an architect, engineer, professional
planner or a licensed landscape architect.
(26)
A map showing the entire drainage area and the drainage area
contributing to each pertinent drainage structure along with drainage
tabulation sheets showing calculations for each drainage area.
(27)
A stormwater management plan, if required.
(28)
Streetscape elevations of proposed buildings and buildings immediately
adjacent to proposed buildings.
(29)
Exterior garbage and recycling storage areas for multifamily
and commercial developments.
(30)
The most recent version of the "Leadership in Energy & Environmental
Design Rating System" or equivalent system is a submission requirement
and shall evaluate the extent to which the following measures are
incorporated in the project or, alternatively, indicate the reason(s)
why the measure is not being provided:
[Added 9-24-2019 by Ord.
No. O-19-029[1]]
(a)
The name of any LEED-accredited or similar professionals working
on the project.
(b)
A list of appliances, fixtures, and construction techniques
that meet the U.S. Environmental Protection Agency's ENERGY STAR® and WaterSense standards.
(c)
A list of green and recycled building materials to be used in
construction, renovation, and maintenance.
(d)
A waste management plan for construction and demolition waste.
(e)
Use of any water-efficient landscaping.
(f)
Use of any on-site renewable energy systems, such as solar,
wind or geothermal.
(g)
Details of roofing materials designed to reduce the urban heat
island effect.
(h)
Details of any sustainable stormwater systems employed, such
as bioswales/rain gardens, permeable surfaces, grey water systems,
retention and detention facilities or continuous trenching.
(i)
A list of native and well-adapted species used in landscaping
to minimize the need for fertilization and pesticides.
(j)
The location, number and type of any electric charging stations.
[1]
Editor's Note: This ordinance also repealed former Subsection
D(30), added 2-21-2017 by Ord. No. O-17-002, which required colored
renderings for major site plan applications.
(32)
The location and type of any affordable housing unit as required in § 347-156.
[Added 9-24-2019 by Ord.
No. O-19-029]
(33)
The location and details of all mechanical equipment, including any required screening, as required in § 347-24.
[Added 9-24-2019 by Ord.
No. O-19-029]
(34)
A pedestrian mobility plan.
[Added 9-24-2019 by Ord.
No. O-19-029]
(35)
A snow removal plan.
[Added 9-24-2019 by Ord.
No. O-19-029]
(36)
A description of how the project addresses universal design
and adaptability principles.
[Added 9-24-2019 by Ord.
No. O-19-029]
E.
Applications involving total demolition or partial demolition of historic structures. Any application subject to Subsections A, B, C, or D. above that requires, contemplates or otherwise involves the total demolition of an historic structure as defined in § 347-142.1B shall include the items listed in § 347-142.1E(2).
[Added 11-18-2019 by Ord. No. O-19-021]
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 of 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 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 (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 limitations as to time
and number of witnesses.
D.
Evidence. Applicants are encouraged to utilize digital technology,
such as PowerPoint, when presenting evidence to the Board. A video
screen, laptop and projector will be made available to all applicants
at meetings. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
[Amended 2-21-2017 by Ord. No. O-17-002]
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either a stenographer or by mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to an interested party at his
or her expense. All transcripts shall be certified in writing by the
transcriber to be accurate.
A.
Notice of hearing shall be given for the following
applications for development:
(2)
Any request for conditional use approval.
(3)
Any request for minor site plan approval or preliminary
approval of a major site plan.
(4)
Any request for preliminary approval of a major subdivision.
(5)
Any request for the issuance of a permit to build
within the bed of a mapped street, public drainageway, flood control
basin or public area reserved on the Official Map, or in a lot not
abutting a street.
(6)
Any request for minor subdivision approval.
[Added 9-25-2001 by Ord. No. 01-43]
B.
Whenever notice is required for a hearing on an application
for development, the applicant shall give notice thereof as follows:
(1)
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.
(2)
Notice shall be given to the owners of all real property
as shown on the current tax duplicates located within 200 feet in
all directions of the property which is the subject of such hearing
and all adjoining property which is under common ownership and whether
located within or without this municipality. 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 by law to accept service on behalf
of the corporation. Notice to a limited liability company may be made
by service upon any member thereof. 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. The requirement of service shall be satisfied by
notice to the condominium association, in the case of any unit owner
whose unit is above or below it, or horizontal property regime, in
the case of any co-owner whose apartment has an apartment above or
below it.
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 by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section 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 Essex 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 State Planning Commission 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 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 hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development. Notice pursuant to Subsections C, D, E and F of this section shall not be deemed to be required unless public notice pursuant to N.J.S.A. 40:55D-12a and b is required.
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.
Site plan review. The Planning Board may waive notice
and public hearing as to any application for conventional site plan
review involving premises having less than 10,000 square feet of building
floor area.
[Amended 2-15-2011 by Ord. No. O-11-002]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Planner or the Assistant Township Planner shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as required in § 202-28, 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 Article III, § 202-31B.
A.
The Planning Board and the Zoning Board of Adjustment
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:
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of 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 this section (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 memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; 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 by §§ 202-33B and 202-34. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board 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.
B.
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 or her 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 Planning
Board or the Board of Adjustment, which 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.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the Planning Board or Board of Adjustment 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.
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.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the 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 the 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.
[Added 4-21-2011 by Ord. No. O-11-023]
A.
Applications that have not been deemed complete within six months
of the submission date will be dismissed without prejudice.
B.
Applications that have been deemed complete shall be scheduled for
a hearing before the appropriate board within the time of action stated
in the Municipal Land Use Law. If an applicant fails to appear when
scheduled before a board and the time for action pursuant to the Municipal
Land Use Law will expire before the next regularly scheduled Planning
Board or Board of Adjustment meeting, the application will be dismissed
without prejudice.
C.
Extensions on the time for action may be granted for no more than
one year from the required time for action, after which the application
will be dismissed without prejudice.
