[Adopted as § 2-20A (Ord. No. 269) of the 1970 Revised General Ordinances]

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 disqualifies himself from acting on a particular matter, he shall not continue to sit with the Board for the hearing of such matter or participate in any discussion or decision relating thereto.

[Amended by Ord. No. 304]

The following shall apply

A. Meetings. 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 unless canceled for lack of applications for development to process

B. Special meetings Special meetings, which shall be held on notice to its members and the public in accordance with all applicable legal requirements, may be provided for at the call of the Chairman or on the request of any two Board members

C. Action No action shall be taken at any meeting without a quorum being present

D. Quorum All actions shall be taken by majority vote of the members of the Board present at the meeting, except as otherwise required by any provision of NJ S A 40 55D-1 et seq

E. Open meetings All regular meetings and all special meetings shall be open to the public Notice of all such meetings shall be given in accordance with applicable laws An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A 40-55D-9.

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 appropriate administrative office of the Board. 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 the minutes Such interested party may be charged a reasonable fee for reproduction of the minutes for his use

[Amended by Ord. No. 304]

Fees to be charged an applicant for review of an application for development by a municipal agency, and an appellant, pursuant to Chapter 220, Zoning, shall be reasonable and shall be established by ordinance

[Added 2-28-2001 by Ord. No. 533]

A. The purpose of this section is to adopt general requirements, instructions and checklists outlining the requirements of submissions of all applications to the Planning Board and the Zoning Board of Adjustment of the Borough of Alpine Such requirements shall be necessary to allow the Planning Board and the Zoning Board of Adjustment or their designated officer(s) to rule on whether or not an application may be deemed complete and placed on the Planning Board's or the Zoning Board of Adjustment's agenda for a hearing

(1) Determination of completeness Every application for development submitted to the Borough of Alpine for review by the Planning Board or the Zoning Board of Adjustment shall first be submitted to the officer(s) designated by the Planning Board or Zoning Board of Adjustment for a determination as to whether or not the application may be deemed complete An application shall be deemed complete by the said officer(s) if such application furnishes all required information as outlined in the General Requirements as set forth in Schedule A attached, the Checklist as set forth in Schedules B and C attached, all for the Planning Board and the Instructions to Applicants as set forth in Schedule D attached with Schedule C attached and the Application as set forth in Schedule E attached, both for the Zoning Board of Adjustment In the event that an applicant does not wish to supply all information as required in the said Schedules A, B and C for the Planning Board or Schedules C, D and E for the Zoning Board of Adjustment, the applicant must request that the specific submission requirement be waved Each applicant shall be entitled to receive a copy of the sad Schedules A, B and C from the Planning Board or Schedules D, C and E from the Zoning Board of Adjustment

(2) The Planning Board and the Zoning Board of Adjustment or their designated officer(s) shall notify each applicant, in writing, within 45 days of submission of the application, as to whether or not the application has been deemed complete and/or whether or not the application is deficient due to the applicant's failure to furnish information as required pursuant to the sad Schedules A, B and C for the Planning Board or Schedules D and E for the Zoning Board of Adjustment

[Amended by Ord. No. 304]

The following shall apply

A. Rules The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies These rules shall not be inconsistent with the provisions of N.J.S.A 40 55D-1 et seq , or Articles I through III of this chapter

B. Oaths 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, 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 Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence

E. Records Each Board shall provide for the verbatim recording of the proceedings by either stenographical, mechanical or electronic means The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party The Board, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted by N.J.S.A 2A 11-15 2 Such transcript shall be certified in writing by the transcriber to be accurate

F. Absent members 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 absence from one or more of the meetings, provided that such Board 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 Board that he has read such transcript or listened to such recording

[Amended by Ord. No. 304]

Public notice shall be given for a hearing on an application for development whenever public notice is required either under the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or the Municipal Code of the Borough of Alpine. In addition public notice shall be required whenever the Board of Adjustment is being requested to exercise its powers under N.J.S.A. 40:55D-70(a) and N.J.S.A. 40:55D-70(b) of the New Jersey Municipal Land Use Law. Whenever public notice is required to be given the applicant shall give notice as follows:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 611.

A. Newspaper Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough

B. Property owners Notice of a hearing requiring public notice shall be given to the owners of all real property, as shown on the current tax duplicate, 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 in the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it Notice shall be given by

(1) Serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property; or

(2) Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate 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. Adjoining municipalities Notice of 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

D. County Planning Board Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary

E. Commissioner of Transportation 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. Director of Division of State and Regional Planning Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning 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 Borough Clerk, pursuant to N.J.S.A 40 55D-10(b)

G. Proof of service The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development, in the event that the applicant is required to give notice pursuant to this subsection

H. Completion Any notice made by certified mail as required in this article shall be deemed complete upon mailing

I. Form of notice All notices required to be given pursuant to the terms of this article shall state the date, time and place of the hearing, the nature or 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 duplicate in the Borough 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

[Amended by Ord. No. 304]

Upon the written request of an applicant, the Tax Assessor of the Borough, within seven days, shall 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 § 35-28B The applicant shall be entitled to rely upon the information contained to such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding A sum not to exceed $25 per name, or $10, whichever is greater, may be charged for such list

[Amended by Ord. No. 304]

The following shall apply

A. Written decision Each decision on any application for development shall be reduced to writing as provided in this subsection, and shall include findings of facts and conclusions based thereon

(1) Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application

(2) The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon Any action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding that the time at which such action occurs is within the applicable time period for rendering a decision on the application

(3) The adoption of a resolution of memorialization, pursuant to this subsection, shall not be construed to alter the applicable time period for rendering a decision on the application for development Such resolution shall be adopted by a vote of a majority of the members of the Board who voted for the action previously taken, and no other member shall vote thereon The vote on such resolution shall be deemed to be a memorialization of an action of the Board, and not to be an action of the Board, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the association for development, notwithstanding any prior action taken thereon

(4) Whenever a resolution or memorialization is adopted in accordance with thus subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection B herein

B. Copies 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 attorney, without separate charge A copy of the decision shall also be mailed to all who request it, for a reasonable fee A copy of the decision shall also be filed by the Board in the office of the Borough Administrator, who shall make a copy of such filed decision available to any interested party for a reasonable fee, and shall also make a copy available for public inspection to his office during reasonable hours

[Amended by Ord. No. 304]

An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Borough administrative officer based on or made in the enforcement of Chapter 220, Zoning, or the Official Map Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 35-7

An appeal from any final decision of the Planning Board may be taken to the Borough Council, provided such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board Such appeal shall be made in accordance with the provisions of N.J.S.A 40 55D-17

[Amended by Ord. No. 304]

An appeal from any final decision of the Zoning Board of Adjustment approving an application for development, pursuant to § 35-10D herein, shall be taken to the Borough Council, provided such appeal is made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment Such appeal shall be made in accordance with the provisions of N.J.S.A 40 55D-17 Appeals from other decisions of the Board of Adjustment shall be allowed to the Borough Council

The following shall apply

A. Definitions of terms Whenever a term is used in the land use ordinance which is defined in N.J.S.A 40 55D-1 et seq, such term is intended to have the meaning set forth in the definitions found in the statutes, unless a contrary intention is clearly expressed from the context of this article

B. Repeals All sections of the land subdivision ordinance, zoning ordinance, or any other ordinance of the Borough which contains provisions of the land use ordinance shall be and are hereby (to the extent of such inconsistency) repealed

C. Ordinances continued Pursuant to the provisions of N.J.S.A 40 55D-1 et seq , the substantive provisions of the existing land subdivision ordinance and zoning ordinance of the Borough and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said act or until the Borough exercises the authority delegated by the land use ordinance to regulate development, whichever occurs first

D. Pending applications All applications for development filed prior to the effective date of the land use chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of this Article III

E. Title Ordinance No 269 shall be known and may be cited as "The Land Use Procedures Ordinance of the Borough of Alpine "

F. Effective date The land use ordinance shall take effect on December 1, 1976

G. Copy to be filed with County Planning Board Immediately upon adoption of the land use ordinance, the Borough Clerk shall file a copy of the ordinance with the County Planning Board as required by law The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use, such as subdivision and zoning

[Added 11-28-2001 by Ord. No. 595]

A. Establishment, qualifications For a period of twelve months there shall be a Public Advocate to the Board of Adjustment and a Public Advocate to the Planning Board, both of whom shall be an attorney at law admitted to practice law in New Jersey, and who shall serve in one, but not both, positions In the event that the Public Advocate to either the Zoning Board of Adjustment or the Planning Board, as the case may be, shall have a conflict of interest on a particular matter or cannot serve in the position as Public Advocate on a particular matter for any reason, there is hereby created the position of Alternate Public Advocate who shall have all of the rights and responsibilities of the Public Advocate

B. Appointment The Public Advocate for the Board of Adjustment and the Public Advocate for the Planning Board shall be appointed by the Borough Council, shall report administratively to the Borough Attorney and be responsible to the Borough Council.

C. Powers and duties, method of reimbursement The Public Advocate to the Board of Adjustment and the Public Advocate to the Planning Board may appear before such Board and before such federal, state, county and municipal agencies and/or courts as the circumstances warrant in order to represent and advocate the public interest, not individual interests, in proceedings of substantial public importance in which he or she shall determine, in his or her sole discretion, subject to this section, to warrant representation and advocacy Such Advocate shall review all applications initially determined by objective criteria to potentially involve the Public Advocate, review and prepare documents and inspections of developments under construction to the extent that this section determines it to be beyond the scope of the expertise of the professionals normally utilized by the municipality or as may otherwise be provided for by law To the extent that such Public Advocate is required to review applications, prepare documents or otherwise perform services, it shall be at the cost and expense of the applicant and determined by multiplying the Public Advocate's hourly rate, which shall be established by resolution of the governing body adopted pursuant to the Local Public Contracts Law, but in no event, greater than the hourly rate of the Borough Attorney, times the number of reasonable and necessary hours spent by the Public Advocate for such services. 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 service is performed, the hours spent to five-minute increments, the hourly rate and the expenses incurred All professionals shall submit vouchers to the Treasurer of the municipality on a monthly basis in accordance with schedules and procedures established by the Treasurer of the municipality If the municipality retains a different professional or consultant in the place of the 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 the deposit or the escrow account for any such services

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 612.

D. Reimbursement other than by applicant

(1) In the event that it is determined that payment by an applicant to the Public Advocate pursuant to Subsection C is deemed to be invalid, the Borough of Alpine shall pay the Public Advocate for the reasonable and necessary services the Public Advocate has rendered

(2) In the event that payment to the Public Advocate for his services is not made by the applicant because there is a deficiency in the applicant's escrow deposit, the Borough of Alpine shall pay the Public Advocate for the reasonable and necessary services the Public Advocate has rendered The Borough of Alpine reserves the right to issue a stop-work order and to seek payment from the applicant in a court of competent jurisdiction

(3) All vouchers submitted by the Public Advocate shall be reviewed by the Borough Attorney as to the reasonableness and necessity of the services rendered prior to payment

E. Substantial public importance

(1) "Substantial public importance" shall be defined or limited to applications where the applicant is seeking relief in any one of the following areas, provided that the application also affects the health, safety or general welfare of the Borough of Alpine or its population

(a) The applicant is seeking a use variance

(b) The applicant is seeking a major subdivision

(c) The applicant seeks three or more variances

(d) Application of any nature involving property which is contiguous to or proximate to land located in any district adjoining parkland, wetlands or a facility owned by the municipality or the Board of Education

(e) Any application in which the applicant seeks to vacate a street, road, right-of-way or similarly defined thoroughfare

(f) Any application in which the applicant seeks to create a street, road, right-of-way or similarly defined thoroughfare, even if on private property not then to be made a Borough street or road

(g) Application when a variance for density is being sought

(h) Application which has been bifurcated, where one part of the bifurcated application seeks relief set forth in these subsections

(i) Application which would potentially affect a substantial number of property owners in a material way

(2) The Public Advocate shall review the application in all matters of substantial public importance as set forth above

F. Required participation

(1) The Public Advocate shall fully participate to any matter before the Board when a majority of the Council so directs

(2) The Public Advocate shall fully participate to any matter before the Board when one vote less than a majority of those eligible to vote on such matter so requests in a writing that the Secretary of such Board shall convey to the Public Advocate

G. Intent It is the intent of the Council that the resources of the Public Advocate be devoted to the maximum extent possible to ensuring adequate representation of the interests of those residents whose interests would otherwise be inadequately represented in matters within the jurisdiction of the Planning and Zoning Boards, and to represent those interests or rights arising from the Constitution of the United States, decisions of court, common law or other laws of the United States or of this state inhering in the citizens of this state or in a broad class of such citizens

H. Purpose

(1) The Public Advocate shall be retained by the Borough Council but shall not operate in any manner under the direction or control of the Borough Council except as to its financing and as otherwise stated herein

(2) The Public Advocate shall exercise his or her discretion as to the importance and the extent of the public interest and whether that interest would be adequately represented and advocated without his or her action

(3) It is intended that the creation of the position of Public Advocate shall be to ensure that a full, fair and balanced record be made in such matters of substantial public importance, with all of the competent evidence bearing upon the issues being presented to the Planning Board and the Zoning Board of Adjustment, tested as to its relevancy, competency, materiality and credibility, so that such Boards and such other federal, state, county, and municipal agencies, the Borough Council (as applicable) and the Courts (whether Trial or Appellate) will have the benefit of a fully developed record of the proceedings containing all of the testimony and evidence of a fair, unbiased and impartial decision in accordance with all of the applicable laws and rules and to ensure that the public interest, and not individual interests, will be adequately represented and better served

I. Priority When the interests of residents differ, the Public Advocate shall give priority to representing the interests of residents in the following order.

(1) Residential homeowners and tenants

(2) Other landowners and tenants whose interests the Public Advocate finds to be inadequately represented This subsection does not require the Public Advocate to represent the interests of a property owner or group of property owners if the Public

Advocate determines that such representation is adverse to or divergent from the overall interests of the community or a substantial number of its property owners

J. Experts, compensation The Public Advocate may employ expert witnesses and pay appropriate compensation and expenses to employ the witnesses Such payment shall be charged to the applicant The Public Advocate, within established budgetary limits, as approved by the department head, the Borough Council, and as allowed by law, shall authorize and approve related necessary expenses of the Public Advocate Experts shall be taken, when available, from the pool of experts first established by the Borough of Alpine, and in the event of conflict, from other approved sources subject to the Borough's usual emoluments

K. Appearances restricted The Public Advocate shall not appear before the Borough's Planning Board or Zoning Board of Adjustment on any application other than those enumerated herein

L. Compensation

(1) The hourly rate for the position of Public Advocate shall be set by ordinance

(2) Litigation shall be paid as provided for in the municipal budget under the Legal Department and as approved by resolution of the Borough Council

M. Term of office The term of the Public Advocate shall expire annually on December 31

N. Attendance, documents and paperwork The Public Advocate to each such Board may attend each work session and public session of the Board of Adjustment and the Planning Board The Public Advocate shall be entitled to speak, but not vote, at any such session that he or she attends The Public Advocate may enter items into the permanent record of such Board upon application and approval of the Chair, and if not approved by the Chair or a majority of the Board, shall be entitled to make an offer of proof for the record and/or fully describe that for which inclusion is sought The Public Advocate shall be provided with the calendar for the Board as soon as the same is provisionally complete, a brief summary of the nature of each application (as is presently sent to each member of the applicable Board), the completed file of each applicant, including a copy of the application, survey and/or plans, and copies of all exhibits used or to be used in connection with any application, subject to the rules of the applicable Board It shall be the responsibility of the applicant to provide the Public Advocate with a duplicate original application, together with all supporting documents and copies of the exhibits used or to be used

O. Adjournments at request of public advocate If the Public Advocate is not timely provided with the documentation required by this section to be provided by the applicant, the Public Advocate may request, in writing or on oral application, that the matter be carried to the next meeting of the applicable Board, said time therefor to be charged against the applicant Any additional cost therefor, including review fees by other Borough professionals or appointees, shall be chargeable to the applicant's escrow deposit and shall be paid by the applicant prior to memorialization of any determination by the Board and/or the granting of any permit authorized by law