Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.
A. Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may hold special meetings, at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum's being present. All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by §§ 165-9, 165-18A and B and 165-26A of this chapter and Sections 23, 25, 49 and 50 of P.L. 1975, c. 291. Failure of a motion to receive the number of votes required to approve an application pursuant to the exceptional vote requirements of Section 25 of P.L. 1975, c. 291,or § 165-26A of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for the governing body. [Amended 7-23-1984 by Ord. No. 245-84]
B. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
C. Minutes of every regular or special meeting shall be kept and shall include the names of persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for this use.
A. The Planning Board or the Board Of Adjust as the case may be ;shall hold a hearing on each application for development, except for concept plan review. The Planning Board shall also hold a hearing on the adoption, revision or amendment of a Master Plan. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an Official Map or a capital improvements program.
(1) The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours, in the office of the administrative officer. The applicant may produce other documents, records or testimony at 'the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(2) The officer presiding at the hearing, or such person as he may designate, shall have the 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, P.L. 1958, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3) 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.
(4) Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
(5) The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. Said transcript shall be certified in writing by the transcriber to be accurate.
(6) Findings and conclusions. [Amended 7-23-1984by Ord No: 245-84]
(a) The municipal agency 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:
[1] A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
[2] A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency 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.
(b) An action pursuant to § 165-7A of this chapter (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 municipal agency and not be an action of the municipal agency; 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 Subsection A(7) and (8) of this section. If the municipal agency 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 municipal agency 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.
(7) A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
(8) A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk, provided that nothing in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
B. Notice of hearing on application for development or adoption of Master Plan. Notices pursuant to Subsection B(1) and (2) below shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection B(1) below, an 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 pursuant to Subsection A(1) herein above.
(1) Notice of applications. Notice pursuant to Subsection B(1)(a), (b), (d), (e), (f) and (g) _of this section shall be given_ by the applicant. Said notice shall be given at least 10 days prior to the date of the hearing.
(a) Public notice of a hearing on an application for development shall be given, except for minor subdivisions, minor site plans and final approval, by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
(b) Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section 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 to 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 serving a copy thereof on the property owner, as shown on said current tax duplicate, or his agency in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address, as shown on said 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 300 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) Upon the written request of an applicant, the Township Clerk shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(1)(b) of this section. 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. A sum not to exceed $0.25 per name, or $10, whichever is greater, may be charged for such list.
(d) 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.
(e) Notice shall be given by personal service or certified mail to the County Planning Board of any hearing on an application for development.
(f) 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.
(g) 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 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 Subsection A(1) herein above.
(h) The applicant shall file an affidavit of proof of services with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
(i) Notice pursuant to Subsection B(1) (d), (e), (f) and (g) of this section shall not be deemed to be required unless public notice pursuant to Subsection B(1)(a) and (b) of this section are required.
(2) Notice concerning Master Plan. The Planning Board shall give:
(a) Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality, at least 10 days prior to the date of hearing.
(b) Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality, at least 10 days prior to the date of any such hearing.
(c) Notice by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the Municipal Master Plan, at least 10 days prior to the date of the hearing, such notice to include a copy of any such proposed Master Plan or any revision or amendment thereto, and notice of the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, such notice to include a copy of the Master Plan or revision or amendment thereto.
(3) Effect of mailing notice. Any notice by certified mail pursuant to Subsection B(2)(b) and (c) above shall be deemed complete upon mailing.
C. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or Official Map.
(1) Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality, at least 10 days prior to the date of any such hearing.
(2) Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and the adoption, revision or amendment of the municipal capital improvement program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital improvement program or any proposed revision or amendment thereto, as the case may be.
(3) Notice of hearings to be held pursuant to this Subsection C shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this subsection shall be deemed complete upon mailing.
D. Filing of ordinances.
(1) This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board.
(2) An Official Map shall not take effect until filed with the county recording officer.
(3) Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk.
[Amended 7-23-1984 by Ord. No. 245-84]
Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving any application for development pursuant to § 165-26A(4).
A. Time of appeal. Any such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 165-8A(8). The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
B. Notice. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 165-8A(7) and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 165-8A(5).
C. Transcript; review.
(1) The appellant shall, within five days of service of the notice of the appeal pursuant to this section, arrange for a transcript pursuant to § 165-8A(5) for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise the appeal may be dismissed for failure to prosecute.
(2) The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 165-8A(8) unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
D. Decision. The Township Council may reverse, remand or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to § 165-38A(4). The review shall be made on the record before the Board of Adjustment. The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse, remand or reaffirm, with or without conditions, any final action of the Board of Adjustment.
E. Stay of proceedings. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the governing body, after the notice of appeal shall have been filed with that Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application, upon notice to the Board of Adjustment and on good cause shown.
F. Notice of decision. The governing body shall mail a copy of the decision to the appellant, or if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
G. Court review. Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
Any power expressly authorized by this chapter to be exercised by the Planning Board or the Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency; political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or under any act repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
A. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development regulations, and if such application for development complies with municipal development regulations, the municipal agency shall approve such application, conditioned on removal of such legal barrier to development.
B. In the event that a development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this chapter or within such extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
[Amended 9-8-1986 by Ord. No. 302-86; 12-14-1987 by Ord. No. 352-87; 5-9-1988 by Ord. No. 367-88; 3-S-1995 by Ord. No. 569-95; 3-25-1998 by Ord. No. 646-98]
There is hereby established, in connection with various applications for development and other matters which are the subjects of this chapter the following schedule of fees and deposits which are the personal responsibility of both the property owner and the applicant if not one and the same:
A. Copy of a decision of the governing body to an interested party in connection with an appeal pursuant to § 165-9: $10.
B. Publication in a newspaper of a decision of the governing body on an appeal pursuant to § 165-9: cost of publication.
C. Development applications:
(1) Outline of nonrefundable application and initial escrow fees.
(a) Minor subdivision, simple lot line change:
[1] Application fee: $200.
[2] Escrow fee: $1,500.
(b) Minor site plan:
[1] Application fee: $200.
[2] Escrow fee: $2,200.
[1] Application fee: $250, plus $100 per lot.
[2] Escrow fee: $1,000 per lot.
(d) Final plat, including single family cluster:
[1] Application fee: $250.
[2] Escrow fee: $450 per lot.
(e) Preliminary nonresidential site plan approval:
[1] Application fee: $250, plus $5 per 1,000 square feet of lot area, or part thereof, plus $5 per 100 square feet of proposed building floor area, or part thereof.
[2) Escrow fee. If the gross floor area of the building is 100,000 square feet or less: $1,000 plus $10 per 1,000 square feet of lot area, plus $10 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet: $500 plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of the building.
(f) Final nonresidential site plan approval:
[1] Application fee: $250 plus $1 per 1,000 square feet of lot area, or part thereof, plus $1 per 100 square feet of proposed building floor area, or part thereof.
[2] Escrow fee. If the gross floor area of the building is 100,000 square feet or less: $1,000 plus $3 per 1,000 square feet of lot area, plus $3 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet: $500 plus $1 per 1,000 square feet of lot area, plus $1 per 100 square feet of gross floor area of the building.
(g) Preliminary multifamily subdivision or site plan approval:
[1] Application fee: $250, plus $50 per dwelling unit;
[2] Escrow fee: $250 plus $500 per dwelling unit.
(h) Final multifamily subdivision or site plan approval:
[1] Application fee: $250 plus $20 per dwelling unit.
[2] Escrow fee: $250 plus $200 per dwelling unit.
(i) Preliminary planned development, including mixed residential cluster, multifamily, mobile home park and PUD developments:
[1] Application fee: the sum of preliminary fees for single family, multifamily and commercial portions based on each component of the application.
[2] Escrow fee: the sum of preliminary fees for single family, multifamily and commercial portions based on each component of the application.
(j) General development plan under optional staged preliminary planned development procedures:
[1] Application fee: 1/3 of the preliminary planned development application fee.
[2] Escrow fee: 1/3 of the preliminary planned development application fee.
(k) Final planned development, including mixed residential cluster, multifamily, mobile home park and PUD developments:
[1] Application fee: the sum of final fees for single family, multifamily and commercial portions based on each component of the application.
[2] Escrow fee: the sum of final fees for single family, multifamily and commercial portions based on each component of the application.
(l) Conceptual review of a concept plan for a potential application before the Planning Board, other than a conceptual general development plan: a single but not more than one-hour appearance before the Planning Board or Board of Adjustment with Board professionals in attendance. [Amended 12-8-2004 by Ord. No. 868-04]
[1] Application fee: $200
[2] Escrow fee: $1,000.
[3] In the event that the developer submits within 90 days a minor subdivision or site plan, or preliminary major subdivision or site plan for the same proposed development and layout, the amount of any conceptual review escrow fees that have not been expended shall be credited toward the applicable escrow fee.
(m) Conceptual general development plan:
[1] Application fee: 1/3 of the preliminary planned development application fee.
[2] Escrow fee: 1/3 of the preliminary planned development application fee.
(2) Affordable Housing District (AH). Only for Council on Affordable Housing low and moderate income units in the Affordable Housing District, the Subsection C(1)(g) preliminary application fee of $50 per dwelling unit and the Subsection C(1)(h) final application of $20 per dwelling unit shall be waived.
D. Variance and appeals. In addition to Subsection C fees the following application and escrow fees apply:
(1) Appeals from a decision of the building or zoning official pursuant to § 165-26A(1):
(a) Application fee: $300.
(b) Escrow fee: $400.
(2) Interpretation of the Zoning Map or zoning regulations or requests for decisions on other special questions pursuant to § 165-26A(2):
(a) Application fee: $300.
(b) Escrow fee: $400.
(3) Variances pursuant to § 165-26A(3) from lot area, lot dimensional, setback and yard requirements:
(a) Application fee: $300.
(b) Escrow fee: $1,000 for first requested variance; $250 per each additional requested variance. [Amended 12-8-2004 by Ord. No. 868-04]
(4) Variance from use regulations pursuant to § 165-26A(4):
(a) Application fee: $300.
(b) Escrow fee: $2,000. [Amended 12-8-2004 by Ord. No. 868-04]
(5) Direction pursuant to § 165-26A(5) for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood-control basin, or public area reserved on an Official Map:
(a) Application fee: $300.
(b) Escrow fee: $1,000.
(6) Direction pursuant to § 165-26A for the issuance of a permit for a building or structure not related to a street:
(a) Application fee: $300.
(b) Escrow fee: $100.
E. Certificates showing approval: $25.
F. Environmental impact statement (§ 165-72).
(1) Noncritical geologic formation areas (based on Map of Cambro-Ordovician Carbonate Rocks) i.e. not in either a designated rock zone or the Critical Formation Watershed Protection Area (shaded area of the Map):
(a) Application fee: $250.
(b) Escrow fee: $150 per acre or part thereof.
(2) Critical geologic formation areas. In addition to Subsection F(I) either:
(a) CFWPA area only:
[1] Application fee: $750;
[2] Escrow fee: $250 per acre or part thereof; or
(b) All other areas whether wholly or partially located in a designated rock zone:
[1] Application fee: $750.
[2] Escrow fee: $1,500 per acre or part thereof.
(3) Aquifer test and analysis. [Added 8-14-2002 by Ord. No. 788-02]
(a) Review of design of aquifer test
[1] Residential subdivisions of three new building lots or more. $1,000 for the first lot and $100 for each proposed additional lot.
[2] Nonresidential and residential site plans. $1,000 for the first 1,000 gallons of average daily demand and $100 for each additional 1,000 gallons of average daily demand
(b) Hydrologic report review.
[1] Residential subdivisions. $2,000 for the first lot and $200 for each additional proposed lot.
[2] Nonresidential and residential site plans. $2,000 for the 1,000 gallons of average daily demand and $200 for each additional 1,000 gallons of average daily demand.
G. Site plan application fees and escrows for telecommunications installations shall be as follows: [Added 8-12-1998 by Ord. No. 665-98]
(1) If no new tower is proposed, an application fee of $5,000 and an escrow fee of $2,500.
(2) If a new tower is proposed, an application fee of $10,000 and an escrow fee of $5,000.
H. Zoning permit: $25. [Added 4-9-2008 by Ord. No. 957-08]
