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 nor participate in any discussion or decision relating thereto. (Ord. #587; Ord. #643; 1976 Code § 37-25)

a. Meetings of both the Planning Board and the 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 (2) 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 a quorum except as otherwise required by N.J.S.A. 40:55D-1 et seq.

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, N.J.S.A. 10:4-1 et seq. 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. (Ord. #587; Ord. #643; 1976 Code § 37-26)

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; and 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 Township 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. (Ord. #587; Ord. #643; 1976 Code § 37-27)

a. Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of the rules or of the separate fee schedule shall be available to the public.

(b) Specific fees for site plan and subdivision approvals are set forth in Code Subsections 22-3.4 and 26-3.2. Application fees for any matter in front of the Zoning Board Adjustment shall be as follows:

1. Applications for variances filed pursuant to N.J.S.A. 40:55D-70(a)-(c) and N.J.S.A. 40:55D-70(e) shall require a filing fee of Three Hundred Dollars ($300.00) per such application.

ii. Applications for variances filed pursuant to N.J.S.A. 40:55D-70(d) shall require a filing fee of Five Hundred Dollars ($500.00) per application.

**Webmasters Note: The previous subsection, (b), has been amended as per Ordinance No. 1539.

(c) If the Board of Adjustment determines during its review of the application of professional review and preparation of documents, including but not limited to engineering and planning review, are necessary, the Board may require the applicant to establish an escrow account to cover the reasonable cost of the require professional review. The applicant shall deposit, forthwith upon demand, the sum of Two Thousand Dollars ($2,000.00) to meet the Board's estimate of cost of professional review and consultation, which funds shall be placed in an escrow account in accordance with the provision of Subsection 22-3.4(h) and/or 26-3.2(f). Upon resolution of the application of the Zoning Board of Adjustment, the applicant may request an accounting of escrow funds used, and any unused escrow funds shall be returned to the applicant.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 1539.

(d) The chief financial officer of the Township shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, Inspection of improvements or other purposes under the provisions of P.L. 1975, C.291 (C. 40:55D-1 et seq.)

(e) (i) Review and Inspection fees and charges shall be based upon a schedule established by annual resolution of the Township Council.

(ii) 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 municipality.

(iii) 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.

(iv) The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit 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 his bill.

(v) If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (2) 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 municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

(f) All developer escrow deposits for anticipated municipal expenses for professional review and inspection services shall be placed In an escrow account pursuant to N.J.S.A. 40:55D-53.1.

(g) 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 on-quarter hour increments, the hourly rata and the expenses incurred.

(h) All professionals shall submit vouchers to the chief financial officer of the municipality on a monthly basis In accordance with schedules and procedures established by the chief financial officer of the municipality.

(i) If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the municipality a statement containing the same Information as required an a voucher, on a monthly basis,

(j) 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. The chief financial officer of the municipality 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.

(k) This information shall be provided an a quarterly basis, if monthly charges are $1 000 or less, or on a monthly basis If monthly charges exceed $1,000.

(l) If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or Improvements Inspections the chief financial officer of the municipality shall provide the applicant with a notice of the Insufficient escrow or deposit balance.

(m) In order for work to continue on the development or the application, the applicant shall within 14 days 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. All costs associated with un-reimbursed required health and safety inspections during this 14 day period shall become a lien upon the property being developed. If, at the end of the 14 day period, the developer has not submitted replenishment funds, the Chief Financial Officer shall notify the Township Engineer of same who shall issue a Stop Work Order for the project.

(n) The following dose-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, C.291 (C. 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 section 41 of P.L. 19759 c.291 (C. 40:55D-53), In the case of Improvement inspection escrows and deposits.

(i) 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.

(ii) 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.

(iii) 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.

(iv) Any balances remaining in the deposit or escrow account including interest In accordance with section 1 of P.L. 1985, c.315 (C. 40:55D-53.1), shall be refunded to the developer along with the final accounting.

(o) 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.

(p) 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 conditions of approval, or review of requests for modification or amendment made by the applicant

(q) 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 in the subdivision or site plan.

(r) 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 an the approved development plans and documents.

(s) If the municipality retains a different professional of 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.

**Webmaster's Note: These previous sub-paragraphs have been amended as per Ordinance No. 1196; April 13, 1995.

a An applicant shall notify in writing the Township Council 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 Municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c.291 (C. 40:55D-1 et seq.).

(b) The Township Council, or its designee, shall within a reasonable time period attempt to remediate any disputed charges.

(c) If the matter is not resolved to the satisfaction of the applicant, the applicant may In accordance with N.J.S.A. 40D-53.2a appeal to the county construction board of appeals established under section on 9 of P.L. 1975, c.217 (C. 52:271D-127) 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 municipal engineer pursuant to section 15 of P.L. 1991, c.256 (C. 40:55D-53.4).

(d) 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, the approving authority, and any professional whose charge is the subject of the appeal.

(e) During the pendency of any appeal, the Township or approving authority shall continue to process, hear, and decide the application for development, and to Inspect ft development in the normal course, and shall not withhold, delay, or deny reviews, Inspections, signing Of subdivision plats or she 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 section.

(f) The chief financial officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed.

g. If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant.

h. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Municipality, the professional or consultant shall reimburse the Municipality in the amount of any such disallowed charge.

**Webmaster's Note: The previous sub-paragraphs have been amended as per Ordinance No. 1196; April 13, 1995.

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 Township of Mahwah. 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 added as per Ordinance No. 1434.

a. Public notice shall be given by publication in the official newspaper of the Municipality at least ten (10) days prior to the date of the hearing.

b. Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within two hundred (200') feet in all directions of the property which is the subject of such hearing and whether located within or without the Municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owners, as shown on the current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the 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.

c. 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, which notice shall be in addition to the notice required to be given, pursuant to paragraph b. of this subsection, to the owners of lands in such adjoining Municipality which are located within two hundred (200') feet of the subject premises.

d. 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 situate within two hundred (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 or property adjacent to a State highway.

f. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs 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 Township Clerk, pursuant to N.J.S.A. 40:55D-10b.

g. All notices herein above specified in this section shall be given at least ten (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.

h. Any notice made by certified mail as herein above required shall be deemed complete upon mailing, in accordance with the provisions of N.J.S.A. 40:55D-14.

1. Form of Notice. All notices required to be given pursuant to the terms of this Chapter shall state the date, time and place of hearing; the nature of the matters to be considered; 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 Township 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. (Ord. #587; Ord. #643; 1976 Code § 37-30)

Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, within seven (7) days after receipt of request therefor and upon receipt of payment of a fee of ten ($10.00) dollars, 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 subsection 21-3.6, paragraph b. of this Chapter. (Ord. #587; Ord. #643; Ord. #601; 1976 Code § 37-31)

a Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.

b. A copy of the decision shall be mailed by the Board, within ten (10) days of the date of decision to the applicant or, if represented, to his 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 Township Clerk, who 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 Township. (Ord. #587; Ord. #643; 1976 Code § 37-32)

A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision. (Ord. #587; Ord. #643; 1976 Code § 37-33)

Pursuant to the provisions of N.J.S.A. 40:55D-39 and 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 the 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 provisions for the payment thereof in such manner that the Township will be adequately protected. (Ord. #587; Ord. #643; 1976 Code § 37-34)

Whenever a developer's agreement is required under Chapter XXII pursuant to a site plan approval and/or under Chapter XXVI pursuant to a subdivision approval the following procedure shall be followed:

a Upon receipt of final approving authority approvals the Board Attorney shall prepare a draft developer's agreement. The Township Engineer shall prepare an estimate of the cost of improvements along with the estimate for a performance guarantee and inspection fees as required by Code Sections 22-7 and/or 26-7 and/or subsections 26-3.2d. and/or 22-3.4f. Once the Board Attorney and the Attorney for the applicant have solved all issues regarding the form of the developer's agreement, the revised developer's agreement along with the Engineer's estimates shall be immediately forwarded to the Administrative Officer.

The Administrative Officer shall forward a copy to the Township Clerk and Township Engineer. The Township Engineer shall review the developer's agreement and make recommendations for revisions if needed. If revisions are needed, the Board Attorney shall revise and forward the developers agreement to the Administrative Officer. The Administrative Officer shall then forward the revised copy to the Township Engineer and Township Clerk. The Township Engineer shall then notify the Township Clerk that the developer's agreement is ready to go on the Township Council agenda.

b. The Township Clerk shall then place the developer's agreement on the next available agenda for the Township Council. The Township Council shall by written resolution authorize the Mayor and Township Clerk to sign the developer's agreement in a final form. The Council resolution shall include a provision that copies of the resolution be forwarded to the applicant and the Administrative Officer.

c. The Administrative Officer shall then forward the original and five (5) copies of the developer's agreement to the developer.

d. The developer shall then execute the original and five (5) copies of the developer's agreement and submit the signed agreements along with the required performance guarantees and cash deposits and proof of insurance to the Administrative Officer.

e. Upon receipt of these documents from the developer, the Administrative Officer shall:

1. Forward a copy of the proposed guarantees to the Township Attorney for his/her review and approval,

2. Forward the original proposed guarantees to the Township Clerk for safe-keeping,

3. Forward a copy of the proof of insurance to the Township's Risk Management Consultant for his/her review and approval,

4. Forward the original proof of insurance to the Township Clerk for safe-keeping,

5. Transfer all cash deposits to the Township's Chief Financial Officer for recording and deposit into the corresponding performance bond and/or engineering inspection fee escrow accounts,

6. Notify the Township Engineer as to the amount of the engineering inspection fee deposited into escrow by the developer and whether the amount represents the full engineering inspection fee or a partial installment as provided for under the MLUL,

Upon approval of the proposed guarantees by the Township Attorney and upon approval of the proof of insurance by the Township's Risk Management Consultant, the Administrative Officer shall then deliver the agreements to the Mayor and the Township Clerk for execution by the Mayor and the Township Clerk.

f. After execution by the Township, the Administrative Secretary to the Mayor shall then forward the fully executed original and one copy to the developer. The developer will then have the original recorded at the County and forward same to the Township Clerk for retention. The Administrative Secretary to the Mayor shall also forward a copy to the Administrative Officer and the Township Engineer. (Ord. #1195, § I)

a. Whenever a performance guarantee is required the following administrative procedure shall be followed:

1. The Administrative Officer shall upon receipt of the performance guarantee maintain a log of the performance guarantee as well as expiration dates of any performance guarantee.

2. Ninety (90) days prior to the expiration of any performance guarantee, the Administrative Officer shall notify the Township Engineer and the Township Clerk of the approaching expiration date. Sixty (60) days prior to the expiration date the Township Engineer shall furnish the Township Clerk, the Administrative Officer and the developer with a report on the current status of the project.

3. Unless at least thirty (30) days prior to the current expiration date, the developer has submitted a replacement guarantee with an expiration date at least twelve (12) months in the future or the Township Engineer has submitted a satisfactory completion report, then the Township Clerk shall place the matter on the agenda of the next Township Council meeting for the Council to take action upon the guarantee prior to its expiration.

b. Whenever a maintenance guarantee is required the following administrative procedure shall be followed:

1. If a maintenance guarantee is required to be posted, the guarantee shall be delivered to the Administrative Officer. The Administrative Officer shall:

(a) Forward a copy of the maintenance guarantee to the Township Attorney for his/her review and approval, and

(b) Forward the original maintenance guarantee to the Township Clerk for safekeeping. Upon approval of the maintenance guarantee by the Township Attorney, the Administrative Officer shall notify the Township Clerk who shall place the matter of acceptance of the maintenance guarantee on the next available Township Council meeting agenda. Prior to reduction or release of any performance guarantee, the Township Council shall have first accepted a maintenance guarantee.

2. The Administrative Officer shall notify the Township Engineer and the Township Clerk ninety (90) days prior to the expiration date of all such expiration dates. Sixty (60) days prior to the expiration date the Township Engineer shall furnish the Township Clerk, the Administrative Officer, and the developer with a report on the current status of the project.

3. Unless at least thirty (30) days prior to the expiration date, the developer has corrected all outstanding deficiencies as indicated in the Township Engineer's status report on the project to the satisfaction of the Township Engineer, or the Township Engineer has submitted a satisfactory completion report, then the Township Clerk shall place the matter on the agenda of the next Township Council meeting for the Council to take action upon the maintenance guarantee prior to its expiration. This procedure shall not preclude the Township from proceeding against the guarantee during the maintenance period upon default by the developer upon reasonable notice from the Township Engineer to correct deficiencies in the installed improvements. (Ord. #1195, § 2)