East Hanover Township
City Zoning Code
City Zoning Code
ARTICLE III
Administration and General Procedures
§ 95-4 Administrative procedures.
Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.
§ 95-5 Meetings of municipal agencies.
A.
Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled. The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231 (N.J.S.A. 10:4-6 et seq.), and related legal, municipal and agency regulations. The fee for a special meeting is $500 for single-family homeowners; $2,500 for all others; and these fees may be waived at the Board's sole discretion under exceptional circumstances. 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 present at the meeting, except as otherwise provided by §§ 95-7D, 95-15A and B, 95-23A(4), 95-30 and 95-31 hereof and the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.), P.L. 1975, c. 291. Nothing herein shall be construed to contravene any act providing for procedures for the governing body.
[Amended 5-15-1980 by Ord. No. 3-1980; 4-3-2018 by Ord. No. 2-2018]
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 the requirements of the Open Public Meetings Law, P.L. 1975, c. 231 (N.J.S.A. 10:4-16 et seq.). An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of 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 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use.
§ 95-6 Hearings.
A.
When required. The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development. The Planning Board shall also hold a hearing on the adoption, revision or amendment of a Master Plan. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an Official Map or a capital improvements program.
(1)
The municipal agency shall make rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Township Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(2)
The officer presiding at the hearing or such person as he may designate shall have 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. 67A-1 et seq.), shall apply.
(3)
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and the reasonable limitations as to time and number of witnesses.
(4)
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
(5)
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer or 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.
(6)
A member of a municipal agency who is absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted notwithstanding his absence from one or more of the meetings; provided, however, that such agency member has available to him the transcript or recording of all of the hearings from which he was absent and certifies in writing to the agency that he has read such transcript or listened to such recording.
[Added 8-27-1981 by Ord. No. 21-1981]
B.
Notice of hearing on application for development or adoption of Master Plan. Notice pursuant to Subsection B(1) and (2) below shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection B(1) below, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection A(1) hereof.
(1)
Notice of applications. Notice pursuant to Subsection B(1)(a), (b), (d), (e), (f) and (g) hereof shall be given by the applicant. Said notice shall be given at least 10 days prior to the date of the hearing.
(a)
Public notice of a hearing on an application for development shall be given except for conventional site plan review, minor subdivision, sketch plats or final approval, provided that public notice shall be given in the event that relief is requested pursuant to §§ 95-14D and 95-23A(3), (4), (5), (6) and (7) of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing, by the applicant.
[Amended 5-15-1980 by Ord. No. 3-1980]
(b)
Notice of a hearing requiring public notice pursuant to Subsection B(1)(a) of this section shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the State of New Jersey and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it or to the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partner owner or 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, common trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject to the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
[Amended 5-15-1980 by Ord. No. 3-1980]
(c)
Pursuant to the provisions of N.J.S.A. 40:55D-12, Subdivision C, the Secretary of the Board of Assessors shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(1)(b) of this section or other section of the chapter. 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.
[Amended 5-15-1980 by Ord. No. 3-1980]
(d)
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. Said notice shall be in addition to the notice required to be given pursuant to Subsection B(1)(b) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(e)
Notice shall be given by personal service or certified mail to the County Planning Board of any hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(f)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(g)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection A(1) of this section.
(h)
The applicant shall file an affidavit of proof of service 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.
(2)
Notice concerning Master Plan. The Planning Board shall give:
(a)
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 municipality, if there be one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.
(b)
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.
(c)
Notice by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the Municipal Master Plan at least 10 days prior to the date of the hearing, and such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto; and notice of the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, and such notice shall include a copy of the Master Plan or revision or amendment thereto.
C.
Decision.
(1)
Each decision on any application for development shall be in writing as a written and adopted resolution or motion and shall include findings of facts and conclusions based thereon.
(2)
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of adoption of the written resolution or motion to the applicant, or if represented, then to this attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the written resolution or motion shall also be filed by the municipal agency in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at the Township Clerk's office during reasonable hours.
(3)
A brief notice of the decision after adoption of a written resolution or motion shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk; provided that nothing in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality shall make a reasonable charge to the applicant for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
(4)
Time for decision.
[Added 5-15-1980 by Ord. No. 3-1980]
(a)
The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on 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 Board thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision of the application.
(b)
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 Board 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 Board and not to be an action of the Board; 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.
(5)
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.
[Added 8-27-1981 by Ord. No. 21-1981]
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 such hearing.
(2)
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and notice to said Board of the adoption, revision or amendment of the municipal capital improvement program or Municipal Official Map shall be made not more than 30 days after the date of such adoption, revision or amendment.
(3)
Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital program, or any proposed revision or amendment thereto, as the case may be. Notice of hearings to be held pursuant to this subsection shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this subsection shall be deemed complete upon mailing.
E.
Filing of chapter and amendments. This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board. An Official Map shall not take effect until filed with the county recording officer. Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk.
§ 95-7 Appeals.
[Amended 5-15-1980 by 3-1980; 8-17-1982 by Ord. No. 24-1982; 10-20-1983 by Ord. No. 25-1983]
Any interested party desiring to appeal the decision of the Zoning Board of Adjustment approving an application for development pursuant to § 95-23A(4) shall appeal to the governing body.
A.
Time of appeal. Any such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 95-6C(3). The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body upon the record established before the Board of Adjustment.
B.
Meeting date and notice. A meeting date shall be established by the governing body, and notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 95-6C(2) and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 95-6A(5).
C.
Time for decision.
(1)
The governing body shall conclude a review of the record below not later than 95 days from the date of publication of the notice of the decision below pursuant to Subsection (i) of Section 6 of the Municipal Land Use Act (N.J.S.A. 40:55D-10), 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.
(2)
The appellant shall, within five days of service of the notice of appeal pursuant to this section, arrange for a transcript pursuant to § 95-6A(5) or otherwise, for use by the governing body, and shall pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or shall, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise the appeal may be dismissed for failure to prosecute.
D.
Decision. The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment. 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 the Board of Adjustment. A copy of the decision shall be forwarded to the Board of Adjustment.
E.
Stay of proceedings. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the governing body, after the notice of appeal shall have been filed with that Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court on application, upon notice to the Board of Adjustment and on good cause shown.
F.
Notice of decision. The governing body shall mail a copy of the decision to the appellant, or if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk; provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
G.
Court review. Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 95-8 Exclusive authority of Planning Board and Board of Adjustment.
[Amended 12-10-2018 by Ord. No. 20-2018]
Any power expressly authorized by this chapter to be exercised by the Planning Board or the Board of Adjustment, also known as the "Land Use Planning Board," shall not be exercised by any other body, except as otherwise provided in this chapter.
§ 95-9 Tolling of 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 said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 95-10 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter 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.
B.
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 the subsequent approval of such governmental agency; provided that the municipality shall make a decision on any application for development within the time period provided in this chapter or within 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.
§ 95-11 Fees and deposits.
[Amended 8-27-1981 by Ord. No. 21-1981; 5-18-1982 by Ord. No. 13-1982; 8-17-1982 by Ord. No. 24-1982; 4-21-1983 by Ord. No. 10-1983; 10-7-1993 by Ord. No. 22-1993; 4-18-1996 by Ord. No. 2-1996]
A.
There is hereby established, in connection with various applications for development and other matters which fees are the subjects of this chapter, a schedule of fees, which fees shall be paid by the applicant. Said schedule of fees is included in Chapter 79, Fees and Licenses, of this Code.
B.
Escrow deposit fees.
(1)
In addition to the filing fee established herein, all applications for development shall be accompanied by a deposit of adequate funds from which the Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution.
(2)
The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection B of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill.
(3)
If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established, annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
(4)
All moneys required under this chapter as a deposit toward anticipated municipal expenses for professional services shall be deposited in an escrow account pursuant to N.J.S.A. 40:55D-53.1. Deposits for inspection fees shall be established in accordance with N.J.S.A. 40:55D-53h.
(5)
The amount of the initial deposit to said escrow account, to be remitted at the time of the filing of the application, shall be as provided in § 79-7E.
(6)
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and, for each date the services are performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis, in accordance with schedules and procedures established by the Chief Financial Officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant.
(7)
The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.
(8)
If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(9)
The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of the Municipal Land Use Law[1] and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved, in the case of improvement inspection escrows and deposits. The applicant shall send written notice, by certified mail, to the Chief Financial Officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(10)
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work showing on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
(11)
If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
(12)
Notwithstanding any other provisions of this section, whenever the Planning Board or the Zoning Board of Adjustment, also known as the "Land Use Planning Board," shall determine that a particular application is not likely to result in any costs to the Township of East Hanover for professional review services, said Planning Board or Zoning Board of Adjustment, also known as the "Land Use Planning Board," may waive deposit by the applicant of some or all of the escrow fees otherwise required under the provisions of this section. Any such waiver of escrow fees shall be done at a meeting of the Land Use Planning Board and shall require the vote of majority of those members present.
[Amended 12-10-2018 by Ord. No. 20-2018]
C.
Appeal of disputed charges.
(1)
An applicant shall notify, in writing, the governing body, with copies to the Chief Financial Officer, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications, for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of the Municipal Land Use Law.[2] The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer. An applicant or his authorized agent shall submit the appeal, in writing, to the Township Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by § 95-11B(6) herein; except that, if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by § 95-11B(7) herein. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Township Construction Board of Appeals shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from. A copy of the decision shall be forwarded, by certified or registered mail, to the party making the appeal, the municipality, the approving authority and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.
(3)
The Township Construction Board of Appeals shall provide rules for its procedure in accordance with this section. The Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the County and Municipal Investigations Law, (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
During the pendence of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, the signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
§ 95-11.1 Zoning Enforcement Official.
[Added 7-15-1993 by Ord. No. 16-1993]
A.
Establishment.
(1)
The Zoning Enforcement Official is hereby designated as the public officer to exercise the powers prescribed by this chapter.
(2)
Pursuant to this section, there is hereby created the office of the Zoning Enforcement Official of the Township of East Hanover. The term of office shall be one year and shall expire December 31 of the same year. The appointment of a Zoning Official shall be by the Township Council. A vacancy from the office shall be filled for the unexpired term only. Nothing herein shall prohibit the Township Council from designating a current Township employee to the position of the Zoning Enforcement Official.
B.
Duties of Zoning Enforcement Official.
(1)
It shall be the duty of the Zoning Enforcement Official to investigate any violation of this chapter coming to his attention whether by complaint or from his own personal knowledge or observation. Where any building or structure is erected, constructed, altered, repaired, converted or maintained or where any building, structure or land is used in violation of any provision of this chapter, the Zoning Enforcement Official shall either serve an appropriate abatement notice upon the owner or persons violating said provision, either personally or by registered mail, to remove said violation or, as the circumstances may warrant:
(a)
File a complaint in the Municipal Court of the Township of East Hanover against the owner, his agent or any person or corporation perpetrating said violation, serving the aforesaid offender with proper notice and prosecute this judgment in the Municipal Court.
(b)
Upon the express authority of the Township Council and with the advice and assistance of the Township Attorney, file in the Superior Court a complaint to terminate said violation.
(2)
This chapter shall be enforced by the Zoning Enforcement Official, who shall in no case, except under written order of the Land Use Planning Board, acting as the Board of Adjustment or the Director of Land Use, issue any permit for the erection or structural alteration of any building nor grant any occupancy permit for any building where the proposed erection, structural alteration or use thereof would be in violation of any provision of this chapter. The Zoning Enforcement Official shall investigate any alleged violation of the prescribed performance standards in each zone and, if there are reasonable grounds to believe that a violation exists, may either file a complaint in the Municipal Court or serve an abatement notice.
[Amended 12-10-2018 by Ord. No. 20-2018]
§ 95-11.2 Development Review Advisory Committee.
[Added 2-10-2004 by Ord. No. 8-2004]
A.
The Mayor shall appoint a Development Review Advisory Committee for the purpose of reviewing all development applications which are to be brought before either the Planning Board or the Board of Adjustment (known as the "Land Use Planning Board") for decision. In reviewing all applications, the Development Review Advisory Board shall determine the completeness of each application, and may offer opinions to the respective land use boards on improvements which could be made in any development application. The term "development application" shall include all applications for subdivisions, site plans, conditional uses and variances of any type (c or d). However, applications for the installation of a fence or shed on a single-family home property are not required to appear in front of the Development Review Advisory Committee. Instead, these applications may proceed directly to the Land Use Planning Board.
[Amended 12-10-2018 by Ord. No. 20-2018; 7-1-2024 by Ord. No. 07-2024]
B.
The Development Review Advisory Committee shall include, without limitation, the Zoning Officer, Construction Official, Director of Land Use, Township Planner and Township Engineer. The Mayor shall designate the Chair of the Committee from among the permanent members.
C.
In reviewing applications, the Development Review Advisory Committee shall solicit and consider the opinions of, without limitation, the Police, Fire, Public Services and Health Departments, the Water/Sewer Utility and the Environmental Commission.
§ 95-11.3 Certification of application as complete.
[Added 2-10-2004 by Ord. No. 8-2004]
A.
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal, agency when the following have occurred:
B.
In the event that the Development Review Advisory Committee does not certify the application to be complete within 45 days of the date of submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks the information indicated in the applicable sections of this chapter, and the administrative officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more requirements be waived, in which event the Development Review Advisory Committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board or Board of Adjustment (known as the "Land Use Planning Board") may subsequently require correction of any information found to be in error or submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving board.
[Amended 12-10-2018 by Ord. No. 20-2018]
§ 95-11.4 Environmental Commission.
[Added 2-10-2004 by Ord. No. 8-2004]
A.
Pursuant to the provisions of P.L. 1968. c. 245 (N.J.S.A. 40:56A-1 et seq.), there is hereby created an Environmental Commission for the protection, development or use of the natural resources located within the territorial limits of the Township.
B.
The Environmental Commission shall consist of seven regular members and two alternates appointed by the Mayor. One of the regular members shall be a member of the Planning Board (also known as the "Land Use Planning Board"), and all regular members and alternates shall be residents of the Township. Regular members shall serve three-year terms staggered so that approximately 1/3 of the members' terms shall expire each year. Alternates shall be designated "Alternate No. 1" and "Alternate No. 2" and shall serve staggered two-year terms. The Mayor shall designate one of the regular members to serve as Chairperson and presiding officer of the Commission. The Mayor or Township Council may remove any regular member or alternate for cause, on written charges served upon the individual and after a hearing thereon at which the individual shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.
[Amended 12-10-2018 by Ord. No. 20-2018]
C.
The Environmental Commission shall have the power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps, and other wetlands, in order to obtain information on the proper use of such areas, and may, from time to time, recommend to the Planning Board plans and programs for inclusion in a municipal master plan and the development and use of such areas.
D.
The Environmental Commission shall also have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
E.
Where an applicant before the Planning Board or Board of Adjustment (known as the "Land Use Planning Board") is required to submit an environmental impact statement, said applicant shall adhere to the following procedure:
[Amended 12-10-2018 by Ord. No. 20-2018]
(1)
The applicant shall submit eight copies of any environmental impact statement and all accompanying maps, charts or other material which the applicant wishes the Commission to consider. Such submission shall be made to the Commission not fewer than 10 working days prior to the Commission's next regularly scheduled monthly meeting.
(2)
Prior to review by the Commission, the applicant must also file, if applicable, the following:
(a)
Morris County Planning Board report.
(b)
Any and all reports required by or received from the New Jersey Department of Environmental Protection or the Federal Environmental Protection Agency.
(c)
Any and all reports by Township departments, including, without limitation, Public Works, Water and Sewer, Fire, Police, Health and Engineering.
(d)
Morris County Soil Conservation District Report.
(e)
Wetlands letter of interpretation, stream encroachment permit and/or any and all other permits required for the project.
F.
The Environmental Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township, by gift, purchase, grant, bequest, devise, or lease for any of its purposes, subject to the terms of the conveyance of the gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.
G.
The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Council.
H.
The Commission may appoint such clerks and other employees as it may from time to time require, provided that such shall be within the limits of the finds appropriated to it by the Township Council.