1. Unpaid Fees Establishes Liens. Any professional or consultant fees incurred as part of site plan approval or subdivision approval shall become a lien upon the subject premises and shall remain a lien upon the subject premises until they are paid directly or satisfied by payment from escrow accounts Any professional or consultant vouchers which remain unpaid for thirty (30) days or which cannot be satisfied from existing escrow deposits shall be certified by the Administrative Officer to the Township Assessor, and the Township Tax Collector. The sums shall be levied and collected at the same time and in the same manner as other Township taxes. All such monies received by the Collector shall be paid over to the Administrative Officer to be applied only to the purposes for which they were levied. If an application for development is filed by a person other than the record owner of the premises, the consent of the owner to the filing of the application and to the implementation of this subsection must be indicated in writing on the application. (Ord. #595; Ord. #600; Ord. #810; 1976 Code § 145-8; Ord. #912; Ord. #973, § I; Ord. #977; § I; Ord. #1050; Ord. #1196, § IV)
As a further condition to approval by the approving authority and the issuance of a building permit, the applicant shall be required to enter into a Developer's Agreement with the Township of Mahwah, detailing the conditions of approval and detailing the work to be performed by the applicant. If a report has not been received from a wetlands consultant under subsection 22-3.4, paragraph h., 3 or under subsection 26-3.2, paragraph f., 3 of this Code, the governing body may require such a wetlands report and the preparation of any documents required for filing reports with any governmental agencies, at the applicant's expense, prior to execution of the Developer's Agreement. (Ord. #595; 1976 Code § 145-9; Ord. #973, § III; Ord. #977, § III)
a. When Required. A public hearing shall be required for the following preliminary applications:
2. For any site plan requiring conditional use approval.
3. For any site plan requiring subdivision approval.
4. For any site plan requiring planned development approval.
b. Availability of Maps and Documents Prior to Hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection during normal business hours in the office of the administrative officer at least ten (10) days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
c. Notice of Public Hearings.
1. Notice of a public hearing shall be given to the owners of all real property, as shown on the current tax records, located within two hundred (200') feet in all directions of the property in question.
2. The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for site plan approval by street address and lot and block number as shown on the current tax duplicate in the Assessor's office. The notice will also indicate that the maps and documents will be available at a specific time and location pursuant to paragraph b.
3.Notice shall be given at least ten (10) days prior to the date of the public hearing.
4. The applicant shall also cause notice of the hearing to be published in a newspaper of general circulation in the community at least ten (10) days prior to the public hearing.
5. Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than forty-eight (48) hours prior to the commencement of the public hearing.
d. Certification of List of Persons Entitled to Notice. Upon the written request of the applicant, the Tax Assessor shall, within seven (7) days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
e. Other Notification.
1. Notice of all hearings on applications for development involving property located within two hundred (200') feet of an adjoining Municipality shall be given by personal service or certified mail to the Clerk of such Municipality.
2. 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 shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within two hundred (200') feet of a Municipal boundary.
3. 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.
4. Notice shall be given by personal service or certified mail to the director of the division of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer.
f. Effect of Mailing Notice. Any notice made by certified mail shall be deemed complete upon mailing.
g. Verbatim Recording Required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The authority shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.
h. Written Findings and Conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.
1. Copies and Notification of Decision.
1. A copy of the decision shall be mailed by the approving authority within ten (10) days of the date of the decision to the applicant or, if represented, to his attorney without separate charge, and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee, as specified herein, and available for public inspection at his office during reasonable hours.
2. A brief notice shall be published in the official newspaper of the community. Such publication shall be arranged by the applicant. The period of time in which an appeal of the decision may be made shall run from the publication of the decision. (Ord. #595; 1976 Code § 145-10)
a Site Plan Amendments. Amended site plan applications shall be filed with the administrative officer and shall be considered at the next regular meeting date of the approving authority, provided that the amended application is received no less than fourteen (14) days before the meeting date and the amendments are minor in nature.
b. Compliance.
1. All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the community, County, State or Federal governments and other agencies with jurisdiction over matters pertaining to site development.
2. It shall be the joint responsibility of the Engineer and the Construction Officer to enforce their respective rules and regulations to ensure compliance with the site plan approval map and other specified conditions as may be imposed on the development.
c. Site Plan to be Binding. The site plan, as approved by the approving authority, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and re-approval by the approving authority except as provided in paragraph a.
d. Revocation of Building Permit or Certificate of Occupancy. In the event of a failure to comply with any condition of site plan approval, the Construction Official, on his own initiative or upon recommendation from the Engineer, may revoke the building permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.
e. Action Subject to Other Board or Agency Approvals.
1. Any application for site plan approval which either requires Municipal approval prior to other governmental action or requires extensive review and consideration by other governmental units may be granted conditional site plan review by the approving authority. This conditional approval shall expire within one (1) year if the applicant does not file for final site plan approval with the approving authority.
2. In the event that the design and layout have been affected by other governmental requirements, the applicant shall submit an amended site plan application with accompanying application fee and escrow funds required in conjunction with an amended application. (Ord. #595; 1976 Code § 145-11)
a. Any change of use, ownership or occupancy of an existing nonresidential structure or use shall require approval by the Planning Board or the Construction Code Official prior to the issuance of a certificate of occupancy by the Construction Code Official. Exempt from the provisions of this subsection is office space of no more than one thousand (1,000) square feet, provided that same is a part of a large office building, although alteration permits and certificates of occupancy may be required. All applicants for use approval shall answer, in its entirety, the application questionnaire set forth in paragraph f. and incorporated herein.
b. Changes in use within the categories set forth within Article 3 of the BOCA Building Code, as adopted by the New Jersey Uniform Construction Code, shall be regulated and approved by the Construction Code Official and the Board of Health, unless, in their judgment, the application should be reviewed by the Planning Board. Changes in use from one (1) category to another must be reviewed by the Planning Board in accordance with the procedures set forth in paragraphs c. and d. below.
c. The applicant shall be required, by the Construction Code Official or the Board, to submit a change of use application questionnaire, required application fee and an accompanying sketch plan indicating the location and layout of all existing structures, lot configuration, parking and loading areas, lighting, drainage, landscaping and other general site factors. The sketch map will be drawn to a scale which will be indicated on the map, and the map must be of sufficient detail for review. The scale shall be in accordance with subsection 22-5.1, paragraph b., 4.
d. If after review of the sketch plat, the Construction Code Official or Planning Board determines that the change or use of intensity of activity does not require additional improvements, the Construction Code Official shall approve the application and issue a certificate of occupancy. If the Planning Board or the Construction Code Official determines that improvements are required as set forth in paragraph c., the Board or the Construction Code Official may require submission of a partial or complete site application for review by the Planning Board as provided in this Chapter.
e. For those applicants whose changes in use fall within the categories set forth within Article 3 of the BOCA Building Code, it shall be required that a sketch plat for the premises shall be submitted to the Construction Code Official if none is presently on file in the office. The sketch plat shall, if at all possible, be based upon a location survey performed by a licensed New Jersey Land Surveyor.
f. The questionnaire/application shall be as follows:
