No member of the land use board 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.
a. Meetings of the land use board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
b. Special meetings may be provided for at the call of the chairman or on the request of any two board members, which shall tie held on notice to its members and the public in accordance with all applicable legal requirements.
c. No action shall be taken at any meeting without a quorum being present.
d. All actions shall be taken by a majority vote of the -members present at the meeting except as otherwise required by any provision of N.J.S.A. 40:5513-1 et seq. (See Board Rules). Failure of a motion to receive the number of votes required to approve an application for development shall be deemed. an action denying the application.
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. C. 231, Laws of N.J. 1975. 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 C. 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 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.
a. Base application fees of municipal agency. Base application fees shall be payable to the Township of Wantage for application to the municipal agency as hereinafter provided Such payment shall be made to the administrative officer with whom the application for development or other application is filed at the time of filing of said application The municipal agency shall have the sole authority to determine whether a substantial amendment has been made to the original submission
**Webmasters Note: The previous sections, 15-1 through 15-3.4.a, have been amended as per Supplement No. 16.
1 Minor subdivision Base application fees
(a) Upon original submission of minor subdivision application for all minor subdivision one hundred fifty ($150 00) dollars
(b) Each resubmission on original application or any map for a minor subdivision which has expired pursuant to 40 5513-47. 1/2 of the original submission fee in effect as of the date of the resubmission
2 Major subdivisions Base application fees
(a) Preliminary plat Original submission minimum application fee. two hundred fifty ($250 00) dollars plus an additional fee of twenty-five ($25 00) dollars for each lot shown on plat
(b) Preliminary plat Resubmission or substantial amendment, minimum application fee, one-half of the original submission fee as of the date of the resubmission. and provided that the resubmission is filed within six months of the disapproval of the original subdivision
(c) Final plat Original submission Minimum application fee, two hundred fifty ($250 00) dollars plus an additional fee of five ($5 00) dollars for each lot shown on the plat
(d) Final plat Resubmission or substantial amendment. one-half of the original application fee, but not less than seventy-five ($75 00) dollars if it encompasses the same land as the original final subdivision, and provided that the resubmission is filed within three years of preliminary approval
3 Site plans, base application fees
(a) For each application in the R-l and R-2 Zones two hundred fifty ($250 00) dollars
(b) For each application in the N-C, H-C and A-H Zones two hundred fifty ($250 00) dollars plus fifty ($50 00) dollars per each 1,000 square feet or fracture thereof of improved area
(c) For each application in the M-R IA and I Zones two hundred fifty ($250 00) dollars plus fifty ($50 00) dollars per each 1.000 square feet or fraction thereof of improved area
(d) For each resubmission of a previously approved site plan, provided that resubmission is made within six months of the original approval One-half of the original submission fee in effect as of the date of the resubmission
(e) For each site plan for construction of a sign permitted in accordance with the ordinances of the township and not requiring a variance therefor, seventy-five ($75 00) dollars
4 Variances. base application fees For each application requesting variance relief pursuant to N.J.S.A. 40 55D70(a), (b). (c). and/or (d). the following application fees shall apply
Conditional use In the event that more than one variance is sought, the applicant shall pay the maximum amount for the first variance and then the minimum amount contained on the chart herein for each additional variance sought on the property
b Supplemental base application fees For each subsequent hearing beyond the initial three hour hearing, the applicant shall also pay in the manner hereinabove provided. a supplemental base application fee equal to 50 percent of the original applicable base application fee
c Informal review of a concept plan The application fee for an informal review of a concept plan. pursuant to N J SA 40 55D-10 1. shall be one-half of the regular fee attributable to submitting a formal application for development The applicant shall receive full credit for all fees paid in connection with such informal review of a concept plan, which credit shall be applied against the base application fees due thereafter and payable upon the filing of such formal application
d Certificate of approval and release of performance bond or maintenance bond The fee for obtaining a certificate of approval and/or release of a performance bond or a maintenance bond shall be equal to ten ($10 00) dollars for each lot shown on the plat for which such certificate of approval and/or release is sought
e Certified list of adjacent property owners The fee for preparation of a certified list of adjacent property owners prepared pursuant to N J SA 40 55D- 12(c) shall be twenty-five ($0 25) cents per name or ten ($10 00) dollars whichever is greater
f Review fee escrow deposits to municipal agency The applicant shall deposit, with the municipality. in addition to base application fees, moneys to be used to offset the expenses of professionals, retained by the municipality, to provide technical reviews of all applications for development. in order to assist the reviewing municipal agency in its decision making process These fees shall not include the preparation of any resolutions required to be adopted by law
These funds shall be held in a separate escrow account, by the municipality. as hereinafter set forth
1 Calculation to determine the amount of funds to be deposited The committee or designated official of the reviewing municipal agency. at the time an application for development is reviewed for completeness, shall determine the amount to be deposited with the municipality Such amount shall be determined as follows
In order to form a consistent basis for determining the amount of the escrow to be deposited, a unit cost shall be determined for each application for development For the purposes of this subsection, a unit shall consist of an individual lot to be created, a commercial area capable of separate use (including land cost), or dwelling area capable of separate use (including land cost) together with all the improvements to be installed. such as, curbing, sidewalks. streets and roads. driveways and parking areas, central water and sewer systems (where applicable). storm water management systems, outside lighting. and landscaping
At the time of filling the application, the applicant shall provide the reviewing municipal agency with the anticipated value (at the time of sale) for each lot. commercial area or dwelling area
After filing. the municipal engineer shall calculate the cost of the proposed improvements in the same manner as preparing bond estimates based upon initial estimates prepared by the applicant 'Ibis amount shall be divided by the number of lots to be created (if the application is for subdivision) or by the total number of commercial areas and/or dwelling areas to be created (if the application is for site plan, conditional use, variance), to determine a per unit share of the improvements Ibis proportionate share shall be added to the value of each lot. commercial and/or dwelling area and shall be the unit cost for each unit to be created by the application for development
The amount of the escrow funds to be deposited with the municipality shall be equal to the unit cost multiplied by the number of units to be created. multiplied in accordance with the following
In no event. however, shall the amount of the escrow funds be less than the following minimum amounts
Minimum Escrow Deposit
2 Method of reimbursement of professional personnel for professional services The term "professional personnel" and/or "professional service", for the purposes of this subsection, shall include the services of a duly licensed engineer, surveyor. attorney, planner. realtor, appraiser or other expert who would provide professional services to the reviewing municipal agency to insure that an application meets all of the performance standards set forth in the municipal ordinances and any other expert, retained by the municipality or the reviewing municipal agency, to comment upon any testimony offered by the applicant in support of his application or to offer testimony with respect to or in rebuttal of any such testimony
The basis of reimbursement to the municipal engineer shall be 60 percent. the municipal planner 15 percent. and the reviewing municipal agency's attorney 15 percent of the escrow fund deposited with the municipality The remaining ten percent shall be reserved to reimburse any additional professionals that might be retained by the reviewing municipal agency
If no other professionals are retained to assist the reviewing municipal agency, these funds shall be added to the funds available to the above named professionals in the same proportions as set forth
The municipal professionals. and any additional professionals retained by the reviewing municipal agency. shall then submit their bills for services rendered to the reviewing municipal agency in the regular course of business The amount of reimbursement from the escrow fund shall be in accordance with the above schedules If a professional's bill for services is less than the amount available to the escrow fund, the professional's bill shall be paid in full from the funds If. however, the escrow fund shall be insufficient to pay such bin in full. the amount available in the fund shall be paid to the professional and any balance shall be paid from the general revenues of the municipality, in accordance with the "budget:' of said municipal agency as provided and approved by the governing body of the municipality Any escrow funds remaining at the completion of the application shall be returned to the applicant
These escrow fees are based upon the assumption that the plans submitted are designed in accordance with the minimum standards of acceptable engineering and planning practice for the type of development being prepared If the plans am not at least equal to those minimum standards. the municipal agency may request, based upon its professional's recommendations, that the plans be amended and the application will be deemed a new application. with the exception of checklist requirements. and the applicant shall be responsible for posting an additional escrow fee equal to 50 percent of the original escrow amount The municipal agency may take any other action It deems appropriate including transmitting a letter to the appropriate state licensing agency indicating its professional's opinion regarding the quality of the plans filed requesting that the state licensing agency take appropriate action
g Special meetings of the municipal agency If requested by the applicant in writing or on the record if made at a hearing before a municipal agency. special meetings of the municipal agency may be held in the Wantage Township Municipal Building or at such other place within the township as may be determined by the municipal agency, on such date and at such hour. as may be determined by the municipal agency, upon payment of a special meeting fee of six hundred fifty ($650 00) dollars. such fee shall accompany the request for a special meeting, said amount to cover the cost of publication of any required special notice and any other reasonable costs which may be incurred by the municipal agency with respect to such special meetings, including but not limited to the attendance fee for any required staff, professionals or consultants If more than one applicant requests a special meeting to be held on the same date. the fee shall be equally divided, so as to ensure that all costs incurred by the municipal agency for that special meeting are paid directly by the applicant(s) requesting that meeting Such special meeting fees shall be in addition to other application fees or supplemental base application fee and review escrow deposits which may be otherwise applicable Whether or not a special meeting will be held at the request of an applicant shall be within the sole discretion of the municipal agency
h Waiver of fees Any municipal agency, committee or entity of the Township of Wantage may make application to the municipal agency without the requirements for making payment of any of the fees hereinabove provided Notwithstanding any other provision of the subsection to the contrary, the municipal agency may recommend a waiver of any base application fees, supplemental base application fees or portions thereof as hereinabove provided for non-profit organizations and other organizations, persons or entities where It is deemed to be In the interest of the Township of Wantage. provided. however, that the municipal agency shall not be empowered to waive the making of a review fee escrow deposit absent the concurrence of the township committee, which concurrence shall be expressed in a formal resolution of the township committee adopted by two-thirds of the full membership thereof
