Chester City Zoning Code
ARTICLE V
General Administrative and Procedural Requirements
§ 163-26 Purpose.
The purpose of this article is to combine those general administrative and procedural requirements applicable to all hearings and applications for development.
§ 163-27 General procedures for site plan and subdivision approval.
The following procedures and requirements shall be deemed applicable to either the Planning Board or the Board of Adjustment as provided in N.J.S.A. 40:55D-1 et seq.
A.
Procedure for submission of site plan or subdivision. Ten copies of a site plan or subdivision and 10 copies of the application form shall be submitted to the administrative officer of the appropriate Board at least 15 days prior to the scheduled public meeting of the Board. All site plans or subdivisions and supporting documents shall comply with the requirements hereinafter set forth:
(1)
The applicant shall submit to the administrative officer of the appropriate Board such applications and other information as required herein. If any application is found to be incomplete by the Board then the applicant shall be so notified by the Board Clerk within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
(2)
Whenever review of approval of the application by the County Planning Board or other governmental agency is required, the Board shall, in appropriate instances, condition its approval upon the subsequent approval by the County Planning Board of such other governmental agency.
(3)
The applicant shall be responsible for filing the appropriate application together with sufficient copies of site plan or subdivision to such municipal, county or state officials as may be required by law or as directed by the Board, when appropriate.
(4)
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
(5)
Certification from the Tax Collector that all taxes and/or assessments for local improvements are paid to date.
(6)
The applicant, whether he be a person, firm or corporation, shall submit a financial statement setting forth the applicant's assets, liabilities and net worth, which statement shall be certified by a Certified Public Accountant or a Registered Public Accountant and in the case where the applicant is a corporation, the statement should also contain the names and addresses of the Officers and Directors of each stockholder owning 10% or more of the capital stock.
(7)
The applicant shall comply with the submission requirements set forth on the Land Use Board Checklist annexed hereto as Appendix A.[1]
[Added 5-1-2018 by Ord. No. 2018-06]
[1]
Editor's Note: The Land Use Board Checklist is included as an attachment to this chapter.
B.
Procedure for submission of sketch plat.
(1)
Ten paper prints of the sketch plat, together with 10 copies of a completed application and a filing fee, as required, shall be submitted to the administrative officer. No subdivision shall be classified until a complete application has been submitted. Upon receipt of a complete application, the administrative officer shall forward all copies to the secretary of the Board.
(2)
The secretary of the Board shall distribute the copies as follows:
(a)
One application and paper print to the Borough Engineer.
(b)
Two applications and two paper prints to the County Planning Board, with county application.
(c)
One application and one paper print to the Board Attorney.
(d)
One application and one paper print to the Board of Health.
(e)
One application and one paper print to the Shade Tree Commission.
(3)
If after consideration of the recommendations of the subdivision committee and the Borough Engineer, the plat is classified as a minor subdivision by the action of the Board:
(a)
The sketch plat original shall be marked classified as a minor subdivision by the Chairman.
(b)
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within such time shall constitute minor subdivision approval.
(c)
Upon signed approval by the Morris County Planning Board, the applicant shall submit a deed description or plan map, drawn in compliance with Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.10 et seq.) to the Board.
(d)
Before the administrative officer returns any approved sketch plat to the subdivider, the developer shall have sufficient copies made to furnish one copy to each of the following:
[1]
Borough Engineer.
[2]
Secretary of the Board.
[3]
County Planning Board.
[4]
Borough Tax Assessor.
[5]
The applicant shall also furnish an electronic copy of the final survey, signed plans and any other document that was part of the application process that the Land Use Board Administrator may request.
[Added 5-1-2018 by Ord. No. 2018-06]
(e)
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor.
C.
Procedures for submission of preliminary plat for a major subdivision or site plan.
(1)
Introduction.
(a)
A preliminary plat and the supporting documents for a proposed subdivision or site plan constitute the material to be officially submitted to the Board. They show the general design of the subdivision or site plan and its public improvements so that the Board can indicate its approval or disapproval of the subdivision or site plan prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary plat does not constitute an approval of the final plat.
(b)
When revision of a preliminary plat is made, 10 prints of the revised preliminary plat shall be filed upon resubmission, so that the files of the Board and other Borough officials will be current.
(c)
The preliminary plat shall serve as a key map to subdivisions or site plans subsequently laid out in sections on separate final plats.
(2)
Procedures.
(a)
Procedure to be followed by the applicant. The preliminary plat shall be submitted to the Administrative Office. The submission shall include the following:
(b)
Procedure to be followed by the Borough Engineer and Board secretary:
[1]
The Borough Engineer shall review the submittal to determine if it is complete and shall:
[a]
Inform the applicant in writing of the deficiencies in the application. This shall be done within 45 days of the submission of the application or it shall be deemed to be properly submitted.
[b]
Notify the secretary of the Board of the filing date of the preliminary plat and the date that the application is deemed to be properly submitted.
[2]
Upon determination of a complete application, the Borough Engineer shall retain one complete set of the preliminary submission, the Board Secretary shall distribute the remainder as follows:
[3]
Upon submission of a complete application for a subdivision or site plan of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of submission or within such further time as may be consented to by the Developer. Upon submission of a complete application for subdivision or site plan of more than 10 lots, the Board shall grant or deny preliminary approval within 95 days of the date of submission or within such further time as may be consented to by the Developer. Otherwise, the Board shall be deemed to have granted preliminary approval.
D.
Procedure for approval.
(1)
A hearing shall be scheduled by the Board Secretary and held not less than 10 days prior to the date the Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions of time as may be consented to by the applicant. The applicant shall be advised of the hearing date at least 20 days prior thereto. Such hearing shall be conducted in accordance with § 163-35.
(2)
Reports.
(a)
Whenever review or approval of the application by the County Planning Board is required, the Borough Board shall condition any approval that it grants upon timely receipt of a favorable report of the application by the County Planning Board or approval of the County Planning Board by its failure to report thereon within the required time period.
(b)
Approval of soil erosion and sedimentation control plan as required by law.
(3)
If the Board approves the preliminary plat, and all conditions have been met, the Chairman of the Board shall sign the preliminary plat original with a notation that it has received approval and shall then be returned to the applicant for compliance with final plat approval requirements as provided in this section.
E.
Expiration of development approvals.
(1)
Preliminary site plan, minor site plan and preliminary major subdivision approvals expire three years, plus one business day, from the date when the approving resolution was adopted, or upon final approval, based upon the preliminary approval.
(2)
Final site plan and final major subdivision approvals expire two years, plus one business day, from the date when the approving resolution was adopted, unless a building permit is obtained, in accordance with the Uniform Construction Code, and construction is commenced within that time. An exception to this rule is that, in the case of a final major subdivision, the approval shall expire only if the plat has not been recorded within the time permitted by N.J.S.A. 40:55D-54. Provided further that if the building permit lapses under the provisions of the Uniform Construction Code, the time allowed under both this chapter and the Municipal Land Use Law has passed, and the developer has not made a timely extension application, the approval upon which the building permit was based expires.
(3)
If a statute extends an approval referenced above, or the approving authority, acting under the Municipal Land Use Law, extends its period of protection, the expiration date shall be adjusted to include the extension period.
(4)
Exception under N.J.S.A. 40:55D-49(f) and 53(d). The following exception applies, notwithstanding the fact that the above rules may deem an approval expired: A developer may seek to prove that it was prevented from proceeding because of delay in obtaining other required government approvals, despite a prompt and diligent pursuit. If so, it may apply for an extension up to 91 days after it received the last required other approval. If the approving authority grants the extension, the underlying approval shall be deemed unexpired, and the approving authority shall determine its expiration date.
(5)
Exception allowing application before expiration. A developer may apply for an extension on any theory articulated by the Municipal Land Use Law before the expiration date. If the developer applies for and the approving authority grants an extension, the underlying approval shall be deemed unexpired, notwithstanding that the time period for expiration runs out before the decision date on the extension application, and the expiration date for the approval shall be determined by the approving authority.
(6)
Exception under N.J.S.A. 40:55D-49(d) and 40:55D-52(b). This section applies to preliminary and final approvals of a subdivision or site plan for an area of 50 acres or more, and final approvals of a subdivision or site plan for a planned development of 50 acres or more, and a conventional subdivision or site plan for 150 acres or more, where the approving authority has granted a longer initial period of protection. In such case, if the developer makes an extension application, the expiration date and all other deadlines established by this chapter shall be determined by the approving authority.
F.
Final plat approval.
(1)
Improvements of guaranties prior to final approval. Payment of fees. Before consideration of a final subdivision or site plan plat, the Developer will have installed the improvements required under § 163-54 hereof or the Board shall require the posting of adequate performance guaranties to assure the installation of those required improvements which are permitted to be installed after final approval in accordance with § 163-30, hereof.
[Amended 12-20-1999 by Ord. No. 99-11]
(2)
Introduction.
(a)
A final plat and supporting as-built drawings and documents for a proposed final subdivision or site plan constitute the complete development of the proposal and include the recommendations resulting from the Board review of the preliminary plat, as well as the improvements and utility plans.
(b)
The final plat of a subdivision shall be an accurate survey record of the properties resulting from the subdivision.
(3)
Procedures.
(a)
Procedure to be followed by the applicant.
[1]
Ten copies of the application for final plat approval.
[2]
Evidence of the completion of all improvements except sidewalks and final paving course of all streets.
[3]
Five copies of a letter, in appropriate cases, directed to the Chairman of the Board, signed by a responsible official of the State or County Highway Department, approving construction on state or county rights-of-way.
[4]
Five copies of deeds of dedication for all properties, including street rights-of-way which are being offered to the Borough for dedication.
(b)
Procedure to be followed by the Borough Engineer and Board Secretary.
(4)
Procedure for approval.
(a)
A hearing shall be scheduled by the Board Secretary and held not less than 10 days prior to the date the Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions as may be consented to by the applicant. The secretary shall advise the applicant of the meeting date.
(b)
The Borough Engineer shall prepare and submit a report of findings for Board consideration and action prior to the hearing.
(c)
Final approval shall be granted or denied within 45 days after submission of a complete application to the Board Secretary or within such further time as may be consented to by the applicant. Failure to act within such time shall constitute approval.
(d)
Whenever review or approval of the application by the County Planning Board is required, the Borough Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(e)
If the plat is approved, the Developer shall make all required corrections to the satisfaction of the Board prior to obtaining the Chairman's signature of approval.
(g)
The Developer shall prepare and deliver to the Board Secretary 10 copies of the corrected and signed final plat and drawings to be distributed as follows:
(h)
The applicant shall, upon the approval of major subdivision, within 95 days from the date of signed approval, file the same with the Morris County Clerk in accordance with the Map Filing Laws,[2] and shall also supply the Land Use Board Administrator with an electronic copy of the final property survey, final signed plans and any other document or documents that were part of the approval process that the Land Use Board Administrator may request.
[Amended 5-1-2018 by Ord. No. 2018-06]
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(i)
Board approval of a final plat shall not be deemed to be acceptance by the Borough of any street or other land shown or offered for dedication to public use.
(5)
Expiration of approval.
(a)
Board approval of a final plat shall expire 95 days after the date of the Board resolution authorizing the Chairman to sign the drawings, unless the applicant shall have filed within that time period a copy of the plat with the County Recording Officer and delivered to the Borough Clerk a certification of such filing.
(b)
Upon application by the subdivider showing good cause, the Board may make an extension not to exceed 190 days of the approval; provided, however, that the plat is revised according to any change in regulations or ordinance applicable to the plat subsequent to the first resolution.
(c)
Expiration of an approval shall mean that any further action will require a new filing fee, as well as a review of all previous findings.
(d)
No final plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Borough Board and signed by the Chairman.
(6)
Waiver of requirements authorized. Exception in application of subdivision or site plan regulations; simultaneous review and approval.
(a)
The Board when acting upon applications for preliminary or minor subdivision or site plan shall have the power to grant such exceptions from the requirements for subdivision or site plan approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review, if the literal enforcement of one or more provisions of the ordinance is impracticable or will produce undue hardship because of peculiar conditions pertaining to the land in question.
§ 163-28 Conventional application fees and escrows.
A.
Required fees and escrow amounts. All applications submitted to the Planning Board and the Zoning Board of Adjustment[1] must be accompanied by the administrative fees and professional review escrow amounts (the "escrowed funds" set forth in Schedule 1) for conventional applications of Schedule 2 for complex applications and bulk variance fees. In addition, the application must be accompanied by a certification from the Tax Search Officer attesting that no taxes or assessments for local improvements are due or delinquent on the property for which the application is being made. The administrative fee, reflected in Column A of Schedule 1, is charged to the applicant to cover the cost associated with the administrative processing and filing of the application. That fee is nonrefundable. The professional review escrow amount, reflected in Column B of Schedule 1, is deposited into the Professional Review Escrow Account. This account is maintained by the Borough Treasurer. The escrow funds shall cover the costs associated with the required review of the application by the professionals employed by the Zoning Board of Adjustment or Planning Board, including engineers, planners, attorneys, or any other professional deemed necessary by the Boards (the "professionals"). The applicant shall provide his tax identification number to the Treasurer for IRS reporting on this account.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
B.
Professional review escrowed funds. An applicant shall be responsible to reimburse the Borough for all expenses of professionals employed by the Boards to assist in processing an application whether or not the applicant is ultimately approved. These expenses include, by way of example but not by way of limitation:
(1)
Charges and disbursements for review by professionals of applications and accompanying documents;
(2)
Charges for the preparation of reports by professionals to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant;
(3)
Charges for all telephone conferences or meetings requested or initiated by the applicant, his attorney or any of his experts;
(4)
Charges for the review or preparation of easements, developers' agreements, deeds, or the like;
(5)
Charges for attendance at special meetings; and
(6)
Charges for expert advice or testimony obtained by the Board for the purpose of evaluating the application and/or the testimony of the applicant's experts.
C.
Definition of professional. The term "professionals" as used hereby shall include a duly licensed engineer, planner, attorney, surveyor, realtor, architect, appraiser, environmentalist, traffic, or other expert who would provide professional services to insure an application meets the standards set forth in the ordinance.
D.
Payment of professional fees; liability of applicant for deficiency:
(1)
Prior to drawing moneys out of the Professional Review Escrow Account, each professional engaged by the Board shall submit an invoice to the Board or the Board designee for approval. No plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy, or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable professional services have been received by the Borough from the professional personnel rendering services in connection with such application and payment has been approved unless applicant shall have deposited an amount sufficient to cover all reimbursable items.
[Amended 12-20-1999 by Ord. No. 99-11]
(2)
In the event the charges submitted and approved by the Board for said professionals exceed the escrow deposit, the applicant shall pay such deficiency prior to the Board being required to sign any plat or site plan and issue any certificate of occupancy, zoning permits, building permits, or any other permits.
(3)
Following conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the Professional Review Escrow Account shall be refunded to the applicant upon payment of all the invoices of the Board's professionals, by approval of the Board and resolution of the Mayor and Council. Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds and same will be provided to the applicant within 30 days of a written request filed with the Board.
E.
Bulk variances and design waivers. At the time an application for a bulk variance or design waiver is submitted, the following additional fees must be paid:
F.
Complex applications; required escrow amounts.
(1)
For development applications that are deemed to be "complex" applications, as specifically enumerated and defined below, the applicant shall be required to place into the Professional Review Escrow Account the amounts described in Schedule 2. The amount required to be placed into the Professional Review Escrow Account for a complex application is to cover the costs of extra review time provided by the Board's planner, attorney and other professionals. The moneys shall be applied to all extra review costs, including, but not limited to, the costs of meeting and/or consultation time between the applicant's professional(s) and the Board's professional(s) on the application. The Board shall, in its sole discretion, determine what constitutes an extra cost under this subsection.
(2)
Moneys shall be drawn from the Professional Review Escrow Account in accordance with Subsection D. In the event that the funds on deposit in the Professional Review Escrow Account are exhausted, the Board may require additional deposits in such amounts as it shall determine in its sole discretion to be posted for such additional extra costs.
G.
D variances. On each application for a "D" variance pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the Professional Review Escrow Account a minimum amount of $1,000. The applicant shall also be required to deposit such additional amounts into the Professional Review Escrow Account as the Board, in its sole discretion, shall require. The amounts required pursuant to this section shall be required to cover the costs of review of the application by the Board's professionals, including, but not limited to, the engineer, planner and attorney as well as the costs of possible review, in appropriate instances, by "special" professionals, by way of example but not by way of limitation, traffic, landscaping and environmental professionals required to review specific aspects of the application. An applicant shall be notified in writing when additional amounts must be deposited in the Professional Review Escrow Account. The provisions of Subsection D shall apply to any payments to be made for the Professional Review Escrow Account and as to any deficiency therein.
H.
Additional fees.
(1)
Fees for meetings:
(a)
Special professional meetings. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board's professionals, providing there are sufficient funds in the Professional Review Escrow Account to cover the costs of such meeting.
(b)
Special Planning Board or Zoning Board of Adjustment Meeting:
[1]
Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three-hour duration. The time of the Board's professional(s) required to prepare for a follow up after such special meeting shall be charged against such Professional Review Escrow Account. The professional review escrow amount of such a meeting shall be $1,500.
[2]
The professional review escrow amount shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the Review Escrow Account which may be required to cover the costs of additional time extended by the Board's professional(s) for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting. The provisions of Subsection D apply to any payments to be made from the Professional Review Escrow Account and as to any deficiency therein.
(c)
Multiple approvals. Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which are preexisting.
(2)
Fees for other services. The fees set forth in the aforementioned schedule are exclusive of any other charges which may be required by the Borough to cover the costs of the furnishing of copies, ordinances, lists of property owners or transcripts, or the inspection of buildings or improvements in conjunction with the issuance of permits or certificates of occupancy.
(3)
Fees for escrow accounts. In the event that any fee paid by an applicant into the Professional Escrow Review Account shall exceed $5,000, such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified in writing of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1. The Borough shall keep records of all accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the Borough.
§ 163-29 Inspection fees.
A.
In addition to the fees established in § 163-28 for the review of development applications, there shall also be an inspection fee paid to the Borough for the cost of field inspection the installation of required improvements. Such fees are payable before a building permit is issued for the commencement of any construction prior to final approval of the application for development by the municipal agency, whichever occurs first. The amount of the fee shall be determined by the reference to Schedule 3 hereto. To the extent an inspection reveals deficiencies which require additional Board professional time to obtain corrective action, the cost of the Board's professional's time shall be deemed an additional inspection fee under this subsection. The applicant shall pay such additional inspection fee as set forth in Schedule 3 as provided in this section.
B.
The improvement cost shall be established by the Borough Engineer and shall be based upon the total estimated construction cost that the municipality could reasonably expect to pay a contractor to perform the work.
C.
In the event that during the course of construction of improvements shown upon plans which have been approved as provided in the subdivision or site plan review section additional improvements are proposed to be constructed which are not shown upon such plans, an inspection fee shall be calculated in accordance with the provisions of Schedule 3 for the additional proposed improvement.
D.
In the event that required improvements are not completed and accepted within the required performance period, whether established by the term of a bond or otherwise, the applicant shall pay the Borough additional inspection fees to reflect the increase in cost of such inspection.
E.
All permits or certificates of occupancy are subject to the payment of all fees required.
FEE SCHEDULE 1 CONVENTIONAL APPLICATION FEES AND ESCROWS [Amended 12-20-1999 by Ord. No. 99-11; Ord. No. 2001-4] | ||||
|---|---|---|---|---|
Type of Development | Column A Application Fee | Column B Administrative Professional Review Escrow | ||
1. | Minor Subdivision | $300.00 + $25/lot | $2,500.00 | |
2. | Concept Plat | $200.00 + $20/lot | $1,000.00 | |
3. | Major Subdivision | |||
A. | Preliminary major | |||
0 to 10 lots | $600.00 | $3,000.00 | ||
11 to 50 lots | $700.00 | $4,000.00 + $100/lot | ||
51 to 250 lots | $1,000.00 | $4,500.00 + $100/lot | ||
over 250 lots | $1,500.00 | $5,000.00 + $100/lot | ||
B. | Extension of preliminary - 1/2 of original fee | |||
C. | Final major | $500.00 | $3,000.00 | |
4. | Minor Site Plan | |||
A. | Less than 5,000 sq. ft. of building | $500.00 | $1,500.00 | |
B. | Modifications of less than 10,000 sq. ft. of previously approved site plan | $500.00 | $2,500.00 | |
C. | Historic zone - minor alteration [Added 11-1-2004 by Ord. No. 2004-30] | $100.00 | Not required | |
5. | Major Site Plan | |||
A. | Residential preliminary | |||
1 to 10 dwelling units | $350.00 | $175.00/unit | ||
11 to 50 dwelling units | $500.00 | $200.00/unit | ||
51 to 250 dwelling units | $750.00 | $250.00/unit | ||
over 250 dwelling units | $1,500.00 | $300.00/unit | ||
Final residential | $500.00 + $50/unit | $1,000.00 + $100/unit | ||
B. | Retail preliminary | |||
less than 1001 sq. ft. | $450.00 | $2,000.00 | ||
less than 5001 sq. ft. | $650.00 | $4,000.00 | ||
more than 5001 sq. ft. | $850.00 | * | ||
Final retail | $500.00 | $1,500.00 | ||
C. | Office preliminary | |||
less than 2500 sq. ft. | $450.00 | $2,000.00 | ||
less than 30,000 sq. ft. | $650.00 | $4,000.00 | ||
more than 30,000 sq. ft. | $850.00 | * | ||
Final office | $500.00 | $1,500.00 | ||
D. | Industrial preliminary | |||
less than 10,001 sq. ft. | $1,000.00 | $4,000.00 | ||
more than 10,001 sq. ft. | $2,000.00 | * | ||
Final industrial | $500.00 | $1,500.00 | ||
E. | Planned retirement community | $3,500.00 | * | |
F. | Planned development overall plan | $3,500.00 | * | |
G. | Other planned developments (as defined in N.J.S.A. 40:55D-6) | $3,500.00 | * | |
H. | Extension of preliminary - 1/2 of original fee | |||
I. | Amended preliminary approval | $350.00 | $1,500.00 | |
J. | Amended final approval | $350.00 | $1,500.00 | |
6. | Planning Permits Pursuant to N.J.S.A. 40:55D-34 and 40:55D-35 | $250.00 | $750.00 | |
7. | Applications for Variance As set forth in N.J.S.A. 40:55D-70a, appeal from administrative official or agency | $250.00 | $750.00 | |
8. | Conditional Use All conditions satisfied or heard by Planning Board per N.J.S.A. 40:55D-67 | $500.00 | $2,500.00 | |
9. | Interpretation Pursuant to N.J.S.A. 40:55D-70b | $150.00 | $500.00 | |
10. | Informal Conceptual Reviews | $100.00 | $1,000.00 | |
A | Proposed small scale development less than 10 acres | |||
B. | Proposed large scale development more than 10 acres | $200.00 | $1,500.00 | |
11. | Bulk Variances pursuant to N.J.S.A. 40:55D-70e | |||
A. | Single or double undersized lots application involving only 1 lot occupied or to be occupied by only one single-family dwelling.** | $350.00 | $750.00 | |
B. | Application by single or two family homeowner of single lot for bulk variances (homeowner application involving remodeling or expansion of existing home) | $100.00 | $500.00 | |
12. | Use Variances | |||
A. | Application for variance pursuant to N.J.S.A. 40:55D-70d | $350.00 | $1,500.00 | |
13. | Fee for emergency action by the Planning Board or Zoning Board of Adjustment,[1] on an application requiring immediate action that affects the health, welfare and safety of the citizens of the Borough | $500.00 | $500.00 | |
14. | Fee for interpretation of conditions of resolutions adopted by the Board * See Complex Development Application Fees, Schedule 2. | $100.00 | $300.00 | |
** No additional fees or escrow amounts will be required for other bulk variances which may be required because of the undersized lot. |
FEE SCHEDULE 2 COMPLEX DEVELOPMENT APPLICATIONS [Amended 12-20-1999 by Ord. No. 99-11; 2-7-2000 by Ord. No. 2000-02; Ord. No. 2001-4] | |||
|---|---|---|---|
Type of Complex Development Application | Professional Review Escrow Amount | ||
1. | An application for a new planned development overall plan approval pursuant to the planned development option | $5,000.00 | |
2. | An application for preliminary planned retirement community | $5,000.00 | |
3. | An application for preliminary major site plan for: | ||
A. | More than 5,000 sq. ft. of retail | $5,000.00 space: or | |
B. | More than 30,000 sq. ft. of office | $5,000.00 space; or | |
C. | More than 10,000 sq. ft. of industrial | $5,000.00 space | |
FEE SCHEDULE 3 INSPECTION FEES [Amended 2-7-2000 by Ord. No. 2000-02] | ||||
|---|---|---|---|---|
1. | Estimated construction costs, Chapter 311, P.L. 1991 | |||
A. | Less than $10,000.00 | $500.00 or 5%, whichever is greater | ||
B. | More than $10,000.00 | 5% of costs | ||
If estimated construction costs are under $10,000, the developer can deposit 50%; and when deposit drops to 10%, developer must deposit balance of fees. | ||||
If estimated construction costs are over $10,000, developer can deposit 25%; and when deposit drops 10%, developer must deposit additional 25% of estimated fees. | ||||
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
§ 163-30 Procedure relating to off-site/off-tract improvements.
Before final approval, the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
A.
Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewerage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.
(2)
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and Borough Council.
(3)
Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the Borough Council may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
B.
Advisable off-site and off-tract improvements. Where approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specifically benefited thereby, (including the property of the developer), the following provisions shall apply:
(1)
During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the Borough Council.
(2)
If the Borough Council concurs, the municipal engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:
(3)
The municipal engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
Based upon the above report and the recommendation of the approving authority, the Borough Council shall determine whether to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the Borough Council will not adopt such local improvement ordinance, the final development shall be designed accordingly and the approving authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local improvement ordinance, the Borough Council shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation, the Borough Council may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation, the Borough Council may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the Borough Council shall then be deposited by the applicant with the Borough Treasurer prior to final approval and prior to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit which shall include the following stipulation that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto, and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be commingled with other appropriated funds and expended by the Borough in connection with such purposes; that is such deposit is not used by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that upon completion of the work by the Borough or its contractors the properties specially benefited by such improvements shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment, made upon applicant's property (whether or not applicant is then the owner thereof), and that if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of the property shall pay the difference between the deposit and such assessment, or if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.
[3]
Where the off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(7)
The determination of the Borough Council whether or not proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by approving authority unless such time shall be extended with consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the Borough Council had determined that it would not adopt such local improvement ordinance.
§ 163-31 Guaranties required; surety; release.
A.
Before recording of final subdivision plats, as a condition to final site plan approval or as a condition to the issuance of zoning permit pursuant to N.J.S.A. 40:55D-65, the Borough Council requires and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements, the following:
(1)
The furnishing of a performance guarantee by the developer, in favor of the Borough, in an amount not to exceed 120% of the cost of installation for improvements within the public right-of-way, or which are constructed or installed on publicly owned land or land which is to be dedicated as public property, which may include, but not limited to, streets, grading, pavement, gutter, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, drainage structures, erosion control or sedimentation control devices, as shown on the final subdivision map, as required by the Map Filing Law N.J.S.A. 46:23-9 and final site plan maps. On-site improvements, as shown on the aforementioned plans, not completed at the time of a request for a certificate of occupancy, shall be bonded in ua amount recommended by the Borough Engineer and with the approval of the Borough Council. Ten percent of the total guarantee shall be in cash. Any of the above-listed improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installations shall be covered until inspected and approved.
[Amended 12-3-2001 by Ord. No. 2001-22]
(2)
Provision for a maintenance guaranty to be posted with the Borough Council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement.
B.
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
C.
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution. As a condition or as part of any extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.
D.
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either, prior to or after the receipt of the proceeds thereof, complete such improvements.
E.
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail, addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
F.
The Borough Council shall either approve, partially approve, or reject improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing by certified mail of the contents of such report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor surety, if any, shall be released from all liability, pursuant to such performance guaranty for such improvements.
G.
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
H.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
I.
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the Borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
J.
In the event that final approval is by stages or sections of development pursuant to subsection (a) of N.J.S.A. 40:44D-38, the provisions of this section shall be applied by stage of section.
§ 163-32 Certificates showing approval; contents.
A.
A person interested in any land may apply in writing to the administrative officer for the issuance of a certificate certifying whether of not such subdivision has been approved by the Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B.
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The administrative officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fees charged, in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the municipality a duly established Planning Board and/or Zoning Board of Adjustment,[1] and whether there is an ordinance controlling subdivision of land adopted under the authority of this act.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
(2)
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board, and if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act. The administrative officer shall demand and receive for such certificate issued a fee of $10. The fees so collected by the administrative officer shall be paid by him to the municipality.
§ 163-33 Snow and ice removal from dedicated but not accepted streets.
A.
Upon the issuance of a certificate of occupancy for any building or structure on any dedicated street or roadway which is open to the public or to which the public is invited, in a subdivision or development which is the subject of an application for development within the Borough of Chester, and prior to the acceptance of such dedication by the Borough, the developer shall be required to keep and maintain said streets or roadways free and clear of snow and ice, within 12 hours of daylight after the same shall have fallen or be formed thereon, and the same shall be open to public use and shall permit access to police, fire fighting and emergency vehicles in accordance herewith.
B.
If the developer fails to keep and maintain the streets or roadways free and clear of snow and ice as set forth herein, the Borough may, at its own option and without creating any obligation to accept any dedication of any such street or roadways, proceed to clear such streets or roadways of snow and ice by plowing, shoveling, salting, sanding or otherwise.
C.
The costs incurred thereby shall be certified to the Mayor and Council of the Borough of Chester by the street committeeman, which certification shall be presented to and reviewed by the Mayor and Council. Such costs shall be computed so as to defray and meet the expenses incurred by the Borough in connection herewith, including, but not limited to, the costs of labor, materials expended and costs to repair any and all injury or damage done to or suffered by the employees and equipment of the Borough occurring during such snow and ice removal operations, or caused thereby. Such costs, shall be charged to and paid by the developer to the Borough in the amount so certified by the street committeeman, within 10 days of the receipt of a bill for the same.
D.
Upon a determination of the Mayor and Council that the amount certified by the street committeeman is so correct, the same shall be charged against such real property and the amount so charged shall thereupon, become a lien and a tax upon such real property, shall be added to and be a part of the taxes next to be levied assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or other penalties in the courts or in the Municipal Court of the Borough for violation of any of the provisions hereof, shall not constitute a bar to the authority of the Borough of Chester to collect the costs, as certified, for the removal of snow and ice in the manner herein prescribed.
E.
The Borough shall have no liability or responsibility whatsoever for any damage that may be done to catch basins, manholes, curbs, gutters, driveways, or other improvements, or to the streets or roadways, which damage may occur during said snow and ice removal, and the subdivision owner shall indemnify and hold the Borough harmless with respect thereto.
F.
Notwithstanding the provisions or consequences of Subsection B hereof, any person violating the provisions of this section shall, upon conviction in the Municipal Courts, be subject to a fine not exceeding $500 plus costs or imprisonment in the Morris County Jail for a period of not more than 30 days, or both, for each offense. Each calendar date that a violation exists constitutes a separate offense under this section.
§ 163-34 Meetings: municipal agencies.
A.
Meetings of the Planning Board and Board of Adjustment ("Board")[1] shall be held at least once a month and on such dates as determined by the Board at its annual organization meeting and at the call of the Chairman. The Board may fix, by rule, the manner in which the Chairman may issue any such call for a meeting and the amount of notice required by any such call. The Board may also fix, by rule, the manner, including the amount of notice in which meetings other than those at the call of the Chairman may be held. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the Board at the meeting except as otherwise specifically required. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
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 act.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of the 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 therefore. 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 shall be charged as per resolution of the Planning or Zoning Board of Adjustment for the reproduction of minutes for his use.
D.
All actions shall be taken by a majority vote of a quorum except as follows:
(1)
By affirmative vote of the full, authorized membership of the Borough Council if adopting an Official Map or an amendment or revision thereto which in whole or in part is inconsistent with the appropriate designations in the an elements of the Master Plan (N.J.S.A. 40:55D-32).
(2)
By affirmative vote of the majority of the full authorized membership of the Board, for direction for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
By majority vote of the full authorized membership of the Borough Council to disapprove or change any recommendation of the Planning Board made prior to and relating to the adoption of a development regulation, revisions or amendment thereto. (N.J.S.A. 40:55D-26a)
(4)
By majority vote of the full authorized membership of the Board of Adjustment when rejecting any recommendation of the Planning Board regarding any matter referred by the Board of Adjustment to the Planning Board in accordance with § 163-13H.
(5)
By majority vote of the Borough Council when adopting a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon, which ordinance or amendment or revision in whole or in part is inconsistent with or not designed to effectuate the land use plan element (N.J.S.A. 40:55D-62).
(6)
By 2/3 favorable vote of the full authorized membership of the Borough Council to overcome protest made pursuant to N.J.S.A. 40:55D-63 and effectuate an amendment or revision so protested.
(7)
By 2/3 affirmative vote of the full authorized membership of the Board of Adjustment to grant a variance to allow a structure or use in a district restricted against such structure or use pursuant to § 163-23D.
§ 163-35 Hearings.
A.
The municipal agency shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan.
B.
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 14 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.
C.
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, P.L. 1953, c. 38 (N.J.S.A.2A:67A-1 et seq.) shall apply.
D.
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.
E.
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
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.
G.
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact 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 municipal agency may provide such written decision and findings and conclusions either in the date of the meeting at which the municipal agency takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of such applicable time period for rendering a decision of 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 municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by a resolution as provided above, notwithstanding the time at which such action occurs 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 municipal agency 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 municipal agency, and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
H.
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 Municipal Clerk. The Municipal 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.
I.
A brief notice of the decision shall be published in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough. 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 first publication of the decision, whether arranged by the Borough or the applicant.
J.
Carry over hearings. When any hearing before the Board shall carry over two or more meetings a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; as provided, however, that such Board member has available to him or her a transcript or recording of the meeting from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording pursuant to N.J.S.A. 40:55D-23(c).
§ 163-36 Notice requirements.
A.
Contents of notices. Notices pursuant to § 163-35A, B or C 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 § 163-35A 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 for public inspection. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
B.
Notices of applications. Notice pursuant to this section shall be given by the applicant unless a particular section of this chapter otherwise directs: at least 10 days prior to the date of the hearing the applicant shall give public notice of a hearing on an application for development except (1) sketch plat application, and (2) final approval of site plan or major subdivision. Public notice shall be given in the event that relief is requested pursuant to § 163-14 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given at least 10 days prior to date of the hearing as follows:
(1)
By publication in the official newspaper of the Borough.
(2)
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 subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the:
(3)
Serving notice.
(b)
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 homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is subject of the hearing, may be made in the same manner as to a corporation without further account of such common elements or areas.
(c)
Upon the written request of an applicant, the tax search officer of a municipality shall, within seven 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 pursuant to Subsection 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, shall be charged for such list.
(4)
Notice of all 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.
(5)
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.
(6)
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.
(7)
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 Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
(8)
The applicant shall file an affidavit of proof of service on a form prescribed 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.
(9)
Any notice permitted to be made by certified mail shall be deemed complete upon mailing.
C.
Notice concerning Master Plan. The Planning Board shall give:
(1)
Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
(2)
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on 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.
(3)
Notice by personal service or certified mail to the County Planning Board of:
(a)
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 shall include a copy of any such proposed Master Plan or any revision or amendment thereto; and
(b)
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 shall include a copy of the Master Plan or revision or amendment thereto.
D.
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 hearing.
(2)
Notice by personal service or certified mail shall be made to the County Planning Board of:
(a)
All hearings on 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, revisions or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, Municipal Official Map or the municipal capital program, or any proposed revision or amendment thereto, as the case may be.
E.
Notice of farm use.
(1)
As a condition of approval for applications involving a major or minor subdivision, or site plan review, applicant shall provide a copy of § 163-70M of this chapter, entitled "Uses permitted in all zones," to every purchaser within the said subdivision or site plan review area, for the purpose of giving due notice of farm rights to new residents of the Borough.
(2)
Whenever a farm as defined herein or a new major or minor subdivision abuts a farm, or whenever a new major or minor subdivision contains space which was not owned by individual homeowners or a homeowners association, and said space is at least five acres in size, then the following language shall be inserted in the deed of all lots.
(3)
Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the "Right to Farm" sections of the Municipal Zoning Ordinance.
§ 163-37 Appeal to governing body; time; notice; modification; stay of proceedings.
A.
Any interested party desiring to appeal any final decision of the Board of Adjustment approving a use variance pursuant to N.J.S.A. 40:55D-70 shall appeal to the Borough Council. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 163-35G of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Board of Adjustment.
B.
Notice of the meeting to review the record shall be given by the Borough Council via personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 163-35 of this chapter and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit all oral or written arguments on the record at such meeting and the Borough Council shall provide for verbatim recording and transcripts of such meeting as required in § 163-35F of this chapter and N.J.S.A. 40:55D-10f. The appellant shall:
(2)
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.
(3)
The Borough Council 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 Subsection G of § 163-35 and N.J.S.A. 40:55D-10I 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.
C.
The governing body may reverse, remand or affirm wholly or in part, or may modify the final decision of the Board of Adjustment.
D.
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of either Board.
E.
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 from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reasons 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 from whom the appeal is taken and on good cause shown.
F.
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 applicant. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication.
G.
Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 163-38 Time periods for action.
A.
Generally. The municipal agency shall grant or deny an application for development within the time period prescribed for the particular type of application or within such further time as may be consented to by the applicant.
B.
County Planning Board Review. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within required time period.
C.
Combined applications.
(1)
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 163-14, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever an application for development requests relief pursuant to § 163-25, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a completed application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
D.
Extension of time for action. If the scheduled time of the Planning Board meeting allows insufficient time for the Board to reach a determination regarding action on an application within the time prescribed in this section, the applicant shall be requested to consent to an extension of time. In the event that time for action expires as a result of failure of the Board to make a quorum, said fact shall constitute an automatic denial without prejudice.
E.
Tolling or running of period of approval. 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 the development, the running of the period of approval under this act or under any act repealed by this act, as the case may be, shall be suspended for the period of time said legal action is pending or directive or such order is in effect.
(1)
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 or 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, the municipal agency shall process such application for development in accordance with this act and municipal 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.
(2)
In the event that 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 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 act of within an 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.
§ 163-39 Corporate and partnership applicants; disclosure; penalty.
A.
A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporation stockholder or partner in the partnership, until the names and addresses of the non-corporate stockholders and individual partners, exceeding the 10% ownership criterion established herein, have been listed.
C.
No municipal agency shall approve the application of any corporation or partnership which does not comply with this subsection.
D.
Any corporation or partnership which conceals the names of the stockholders owning 10% of more of its stock, or if the individual partners owning 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:59-1 et seq.).
§ 163-40 Exception in application of subdivision or site plan regulation.
Subject to the standards of § 163-42 below.
A.
A municipal agency, when acting upon applications for preliminary or minor subdivision approvals shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., if the literal enforcement of one or more provisions of the ordinance is impracticable or will extract undue hardship because of peculiar conditions pertaining to the land in question.
B.
A municipal agency, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 163-41 Compliance with conditions; installation or improvement prior to certificate of occupancy.
A.
No certificate of occupancy shall be issued for any development prior to the demonstration of satisfactory and full compliance with all laws, ordinances and regulations of any authority having jurisdiction and with any conditions of its municipal approval and the completion of installation of all required improvements. However, subject to the standards set out in § 163-42, the Borough Council upon favorable recommendation of the Planning Board, may direct a conditional certificate to issue, based upon the posting of sufficient cash to guarantee the installation of all remaining required improvements within a period not to exceed six months.
B.
Failure to comply with any of the conditions of municipal approval subsequent to the receipt of a construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any applicable construction permit, or certificate of occupancy. If the construction official finds that any conditions of site plan approval have not been met he shall give the applicant 10 days written notice to comply with said conditions and failure to comply within this ten-day period shall result in revocation of construction permit or certificate of occupancy.
§ 163-42 Rules and regulations as minimum requirements.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by a municipal agency under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that because of peculiar conditions pertaining to his land, the literal enforcement of these one or more of requirements is impracticable or will exact undue hardship, the Planning Board may grant such relief as may be reasonable and in the best public interest and in accordance with the general purpose and intent of the rules, regulations, and standards established this chapter. In making its findings, as required below, the municipal agency shall take into account the nature of the proposed use, the existing use of the land in the vicinity, the number persons who will reside or work in the proposed development and the probable effect of the proposed development upon traffic conditions in the vicinity. No relief shall be granted unless the municipal agency finds:
A.
That there are special circumstances or conditions affecting said property, such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
B.
That the relief is necessary for the preservation and enjoyment of a substantial property right of the applicant.
C.
That the granting of the relief will not be detrimental to the public welfare or injurious to property in the area in which said property is situated.
§ 163-43 Planning Board or Board of Adjustment may permit deviation.
Subsequent to approval, performance of all development shall be in substantial accordance with the final development plan; provided that the Planning Board may permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval, and that the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and zoning ordinance.