Borough of Palisades Park, NJ Article IV Provisions Applicable to Planning Board and Zoning Board of Adjustment

§ 167-26 Conflicts of interest.

No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter or participate in any discussion or decision relating thereto.

§ 167-27 Meetings.

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.

B. Special meetings may be provided for at the call of the Chairman 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 a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by this chapter or by law.

E. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[1]

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

§ 167-28 Minutes.

A. 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 the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough 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 use as provided for in the rules of the Board or, if no rules govern, then pursuant to N.J.S.A. 47:1A-2.

B. The Secretary of the Planning Board and the Secretary of the Board of Adjustment shall prepare and file in the office of the Borough Clerk approved minutes of monthly or special meetings of the respective Board.

§ 167-29 Filing of applications.

A. The Planning Board and Board of Adjustment shall prescribe forms for applications. All applications to the Planning Board and Board of Adjustment shall be filed with the appropriate Board Secretary, who shall stamp the date of filing thereon. An application shall be complete and shall be referred to as complete when:

(1) The prescribed application form, fully completed and duly executed, has been filed with the proper Board.

(2) All documents in the required number and in the form prescribed by this chapter shall have been filed with the proper Board.

(3) A certificate from the Tax Collector shall have been filed with the proper Board, stating whether any taxes or assessments for local improvements are due or delinquent.

(4) All fees prescribed by this chapter shall have been paid.

(5) In the event that this chapter shall require that the documents be referred to other persons or agencies, the affidavit of service thereof shall have been filed with the proper Board.

B. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Building Inspector. All applications to the jurisdiction of the Board of Adjustment without prior application for a building permit from the Building Inspector shall be filed with the Secretary of the Board of Adjustment. Fifteen copies of the application shall be filed. At the time of filing the appeal or application but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Board of Adjustment.

§ 167-30 Fees and deposits.

A. Unless otherwise provided by law or elsewhere in this chapter, the fees and deposits in connection with applications or rendering of any service by the Planning Board or Board of Adjustment shall be as follows:

(1) Minor subdivision or minor site plan, filing and classification: $75.

(2) Major subdivision without site plan approval or conditional use approval:

[Amended 8-22-2017 by Ord. No. 2017-9]

(a) Preliminary approval filing fee: $350 plus $25 per lot.

(b) Deposit for costs: $350 plus $50 per lot.

(c) Final approval filing fee: $350 plus $25 per lot.

(3) Major subdivision requiring site plan approval, conditional use or variance request:

[Amended 8-22-2017 by Ord. No. 2017-9]

(a) Preliminary approval:

[1] Filing fee: $350 plus $25 per lot.

[2] Deposit for costs: $350 plus $50 per lot.

(b) Final approval:

[1] Filing fee: $250 plus $25 per lot.

(4) Site plan approval or conditional use, whether or not a variance is also requested of the Board:

[Amended 8-22-2017 by Ord. No. 2017-9]

(a) Initial escrow: $2,000 for site plan and "c" variance.

(b) Initial escrow: $3,000 for site plan and "d" variance.

(5) Use variance including a site plan but not including a major subdivision or conditional use:

(a) Filing fee: $150.

(b) Deposit for costs: $250.

(6) Use variance including a major subdivision or conditional use: as specified in Subsection A(3) above for preliminary approval.

(7) Variances other than a use:

(a) Filing fee: $100.

(b) Deposit for costs: $100.

(8) Any other application to the Planning Board or Board of Adjustment:

(a) Filing fee: $50.

(b) Deposit for costs: $100.

B. All deposits shall be on account of such engineering, inspection, legal, advertising and other costs as may be incurred by the Board in connection with any application up to the point of final approval thereon. Prior to final action to any application, the Board shall compute all engineering, inspection, legal, advertising and other costs actually incurred up to the point of final action. If the aggregate amount of such costs shall exceed the deposit for costs, the applicant shall pay the amount of such excess costs. If the aggregate amount of such costs shall be less than the deposit for costs, the excess shall be refunded to the applicant.

C. Escrow fees required; rules governing.

[Amended 7-30-1987 by Ord. No. 1053; 3-18-1997 by Ord. No. 1267]

(1) Deposit of escrow fees.

(a) Pursuant to N.J.S.A. 40:55D-53, in addition to the required application fees all applications for development shall be accompanied by an initial deposit of $3,000 for the purpose of paying the borough's expenses concerning the application. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the borough for professional services employed by the municipality, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the borough. Money deposited shall be held in escrow. The borough shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The borough shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The borough 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, that entire amount shall belong to the applicant and shall be refunded to him by the borough annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the borough 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. The provisions of this act shall apply only to that interest earned and paid on a deposit after the effective date of this subsection.

[Amended 3-22-2016 by Ord. No. 2016-4]

(b) The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be established by ordinance. For review of applications for development proposing a subdivision, the amount of the deposit shall be calculated based on the number of proposed lots. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with N.J.S.A. 40:55D-53(h).

(2) Payment to professionals for services rendered to borough.

(a) The chief financial officer of the borough shall make all of the payments to professionals for services rendered to the borough of approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution. 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 the expertise of the professionals normally utilized by the borough. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The borough or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection C(1) of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses, except as provided for in this section, nor shall a municipal professional add any such charges to this bill. If the salary, staff support and overhead for a municipal professional are provided by the borough, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which will be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the borough when fees are not reimbursed or otherwise imposed on applicants or developers.

(b) 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 for each date the services performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the chief financial officer of the borough on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the borough. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the borough a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the borough simultaneously to the applicant. The chief financial officer of the borough 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 borough or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the borough 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 borough 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.

(3) Close-out procedure. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-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 as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the borough 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 borough within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the borough 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 Subsection C(1)(a) of this section, shall be refunded to the developer along with the final accounting.

(4) 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 changed only in connection with an application for development presently pending before the approving authority or upon review of compliance with 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 that consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. 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.

(5) If the borough retains a different professional or consultant in place of the professional originally responsible for development, application review or inspection of improvements, the borough 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 borough or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

(6) Dispute by applicant over professional fees; notification of parties; appeals.

(a) An applicant shall notify the Mayor and Borough Council, in writing, with copies to the chief financial officer, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for service rendered to the borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. The Mayor and Borough Council, or their designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the Bergen County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Borough Engineer. An applicant or his authorized agent shall submit the appeal in writing to the Bergen County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the borough, approving authority and any professional whose charge is 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 Subsection C(2)(b) of this section, except that it 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 Subsection C(2)(b) of this section. 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.

(b) During the pendency of any appeal, the borough 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 guaranties, 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 section. The chief financial officer of the borough 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 borough 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 the borough, the professional or consultant shall reimburse the borough in the amount of any such disallowed charge.

(c) The appeals process described by this section may also be governed by regulations within the New Jersey Administrative Code, as promulgated by the Commissioner of Community Affairs.