Glassboro City Zoning Code
ARTICLE II
General Provisions
§ 107-4 Administration of provisions.
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 of Glassboro. Any action taken by the Planning Board and Board of Adjustment under the terms of this chapter shall give primary consideration to the requirements of this chapter and to the welfare of the entire community.
§ 107-5 Amendments.
All provisions of this chapter may be amended in accordance with applicable laws in effect at the time of the amendment.
§ 107-6 Appeals.
[Amended 4-17-1980 by Ord. No. 80-4; 7-26-1988 by Ord. No. 88-19]
Any interested party may appeal to the Mayor and Council any final decision of the Board of Adjustment approving an application for development by the Board pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving the Municipal 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 name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
§ 107-7 Board of Adjustment.
A.
Establishment and composition.
(1)
Regular and alternate members.
(a)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Borough of Glassboro appointed by the Mayor, with the advice and consent of the Borough Council, to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years. Thereafter the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(b)
In addition to said regular members, said Zoning Board of Adjustment shall also consist of two alternate members, who shall be residents of the Borough of Glassboro appointed by the Mayor, with the advice and consent of the Borough Council. Said alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The term of each alternate member shall be two years. Said alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Added 12-26-1978 by Ord. No. 78-20; amended 4-17-1980 by Ord. No. 80-4]
(2)
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
(3)
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
B.
Board of Adjustment authority.
(1)
The Board of Adjustment shall have such powers as are granted by law to:
(a)
Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any other, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter.
(b)
Hear and decide, by majority vote, requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(c)
Grant, by majority vote, a variance from the street application of the zoning regulations where by reasons of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, except that if the applicant requires subdivision, site plan or conditional use approval by the Planning Board, the request for a variance under these circumstances shall be acted on by the Planning Board in conjunction with the subdivision, site plan or conditional use application. In no case shall a variance be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
[Amended 4-17-1980 by Ord. No. 80-4]
(d)
In particular cases and for special reasons, grant a variance to allow departure from the regulations contained in this chapter to permit a use or principal structure in a district restricted against such use or principal structure, an expansion of a nonconforming use, deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, an increase in the permitted density as defined N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated lot or lots resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district. A variance under these provisions shall be granted only by affirmative vote of at least five members of the Board.
(4)
The Board of Adjustment shall also have the power to:
(a)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a construction permit is granted, provided that the approval given will increase as little as practicable the cost of opening such street, or tend to cause a minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
(b)
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan.
D.
Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer, or not later than 120 days after the submission of a complete application for development to the Board of Adjustment. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
E.
Notices and decision. All decisions shall be in writing and in accordance with the Municipal Land Use Law.
F.
In the granting of conditional uses, hardship and use variances, a time limit of one year from the date of the variance approval is hereby set, within which time the owner shall secure a construction permit, otherwise the variance granted shall be null and void.
G.
Approval conditioned upon taxes and assessments being current. All applications to the Board of Adjustment shall be accompanied by a certification issued by the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent for the property for which application is made. No approval shall be given by the Board of Adjustment in the absence of such proof that no taxes or assessments for local improvements are currently due or delinquent.
H.
Subdivision, site plan or conditional use approval.
[Amended 4-17-1980 by Ord. No. 80-4]
(1)
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision, site plan or conditional use approval, whenever the proposed development requires approval by the Board of Adjustment of a use variance. The applicant may elect to submit a separate application requesting approval of the use variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the use variance shall be conditioned upon a grant of all required subsequent approval by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law and this chapter for the approval in question, and the special vote required for use variance shall not be required.
(2)
Whenever an application for development requests relief pursuant to this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a applicant of a complete application to the administrative officer or within such further time as may be consented to be the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in the Municipal Land Use Law and this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the applicant, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on the 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.
I.
Use variance applications to the Planning Board for review. Any appeal for a variance to allow a structure or use in a district restricted against such structure or use shall have two copies of all supporting documents and the application filed with the administrative officer of the Board of Adjustment. One copy shall be forwarded to the administrative officer of the Planning Board, together with a notice of the hearing date. The Planning Board shall review the material and may make recommendations to the Board of Adjustment at the public hearing on the application. The Planning Board's recommendations may contain, among other things, the Planning Board's opinion as to the compatibility of the proposal to the Master Plan, applications which may have been or are currently being processed by the Planning Board for similar uses elsewhere in the Borough, land use, traffic and other data relevant to the application which the Planning Board has in its files and what conditions, if any, the Planning Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and Zoning Ordinance should the Board of Adjustment grant the variance.
§ 107-8 Compliance required.
All zoning requirements shall be met at the time of any erection, enlargement, moving or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.
§ 107-9 Conditional approval.
Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this municipality. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the municipal approving authority shall be null and void and a new resolution shall be adopted which considers the County Planning Board's report. Where the application is barred or prevented by legal action as set forth in N.J.S.A. 40:55D-22, or if the application requires approval by a government agency other than the Borough agency, the approving authority shall condition its approval on removal of such legal barrier and/or upon the subsequent approval of such government agency. In the event the subsequent approval by another governmental agency results in a change in the conditionally approved plans by the Borough's approving authority, the applicant shall resubmit the application to the Borough for its review and approval.
§ 107-10 Conditional uses.
Where a conditional use application involves a site plan or subdivision, the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the Planning Board shall adhere to the requirements of the Zoning Ordinance.
§ 107-11 Effective date.
This chapter shall take effect upon its final passage and publication according to law.
§ 107-12 Enforcing officer; zoning permits.
A.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. No zoning permit shall be issued unless the proposed structure, use, temporary activity and construction activities are in compliance with this chapter. In cases involving the new use of an existing structure, no certificate of zoning compliance for the new tenant shall be issued until a zoning permit has been issued. No zoning permit and no certificate of zoning compliance shall be issued unless payment of the affordable housing fees required under Chapter 223 of the Borough Code have been received.
B.
The Zoning Officer shall forward copies of all zoning permits and certificates of zoning compliance to the Construction Official in a timely manner, but in any event before more than 20 days elapses from the date the application is made to the Zoning Officer. The material forwarded to the Construction Official shall include a copy of the application, any zoning permit or certificate of zoning compliance issued, and any denial issued.
§ 107-13 Exceptions.
A.
The approving authority, when acting upon applications shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter, as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B.
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the applicant being required to make further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
§ 107-14 Exemptions from subdivision regulations.
[Amended 4-17-1980 by Ord. No. 80-4]
A.
Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority. The following shall not be considered subdivisions if no new streets are created:
(1)
Divisions of land, found by the Planning Board or the Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five acres or larger in size.
(2)
Divisions of property by testamentary or intestate provisions.
(3)
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other recorded instrument.
(5)
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the Municipal Development Regulations and are shown and designated as separate lots, tracts or parcels on the Borough Tax Map.
B.
The term "subdivision" shall also include the term "resubdivision."
§ 107-15 Fees.
[Amended 9-13-1977 by Ord. No. 77-16]
The applicant shall, at the time of filing a submission, pay the following fees to the Borough by certified check or bank money order, to be deposited in an escrow account for that development. These fees shall be used to pay Borough costs, including professional and staff fees, related to the application. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals such as subdivision, site plan and/or a variance shall pay a fee equal to the sum of the fee for each element. Where the fee at any stage exceeds $2,000, each time the amount in the escrow fund declines to $1,000, the applicant shall deposit another $4,000 into the account. Whenever there are unspent funds from the previous review stage, this unspent money shall be credited against the required fee for the next review stage, and the applicant shall pay only the difference. Upon completion of the application, or in the event an applicant withdraws the application, any unspent funds after all expenses have been paid shall be refunded to the applicant.
A.
Subdivision.
[Amended 11-13-1979 by Ord. No. 79-19; 4-17-1980 by Ord. No. 80-4; 11-14-1995 by Ord. No. 95-20; 9-9-1997 by Ord. No. 97-8; 6-22-1999 by Ord. No. 99-6; 7-22-2003 by Ord. No. 03-23; 9-9-2003 by Ord. No. 03-27; 12-30-2003 by Ord. No. 03-41; 2-24-2004 by Ord. No. 04-06; 6-28-2005 by Ord. No. 05-27; 2-9-2010 by Ord. No. 10-02; 3-22-2022 by Ord. No. 22-10]
(1)
Each informal submission: No fee required for discussion with the Board. If a review by any professional is requested by the applicant, an amount sufficient to cover the cost of reviews and/or meeting shall be deposited with the Borough.
(5)
Revised plans: $50 per lot to escrow account.
(6)
Revised application: $2,000.00.
(8)
Where five or more new lots or new dwelling units are proposed, the applicant shall provide improved recreation facilities on site. In lieu of the required improvements, $3,000 per lot shall be paid.
(9)
Performance guaranties, inspection fees and maintenance guaranties shall be in addition to these filing fees and shall be as outlined in § 107-16, Performance and maintenance guaranties.
(10)
GIS map fee: $50 per application.
B.
Site plan.
[Amended 11-13-1979 by Ord. No. 79-19; 4-17-1980 by Ord. No. 80-4; 12-30-2003 by Ord. No. 03-41; 2-9-2010 by Ord. No. 10-02; 3-22-2022 by Ord. No. 22-10]
(1)
Each informal plat submission or sketch plat: no fee required for discussion with the Board. If a review by any professional is requested by the applicant, an amount sufficient to cover the cost of reviews and/or meetings shall be deposited with the Borough.
(3)
Final site plan: application fee of $2,250 plus escrow deposits of 1/2 of the preliminary site plan fee.
(4)
Performance guaranties, inspection fees and maintenance guaranties shall be in addition to these filing fees and shall be as outlined in § 107-16, Performance and maintenance guaranties.
(5)
GIS map fee: $50 per application.
C.
Applications to Zoning Board of Adjustment.
[Amended 7-26-1988 by Ord. No. 88-19; 12-26-2000 by Ord. No. 00-47; 12-30-2003 by Ord. No. 03-41; 3-23-2004 by Ord. No. 04-11; 3-22-2022 by Ord. No. 22-10]
(1)
Appeals (N.J.S.A. 40:55D-70a): $150 plus an escrow deposit of $500 to cover professional fees.
(2)
Interpretation (N.J.S.A. 40:55D-70b): $150 plus an escrow deposit of $500 to cover professional fees.
(3)
Hardship variance (N.J.S.A. 40:55D-70c): $300 plus an escrow deposit of $1,500 to cover professional fees.
(4)
Use variance (N.J.S.A. 40:55D-70d): $400, plus an escrow deposit of $1,500 for a residential use variance or an escrow deposit of $2,500 for a commercial use variance to cover professional fees plus the applicable subdivision and/or site plan application fees and escrow deposits, where subdivision and site plan approvals are requested.
(5)
Permit (N.J.S.A. 40:55D-34 and 40:55D-35): $100 plus an escrow deposit of $100 to cover professional fees.
(6)
In the event that an application to the Board of Adjustment includes an application for site plan or subdivision in conjunction with a use variance, the applicant all be required to pay all fees and escrow payments applicable to the same pursuant to t e Planning Board regulations as contained in this chapter.
(7)
GIS map fee: $50 per application.
E.
Upon the written request of an applicant, the administrative officer shall, within seven days, make and certify from the current tax duplicates a list of the names and addresses of owners to whom the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12b. In addition, the administrative officer shall include on the list the names, addresses, and positions of those persons who, not less than seven days prior to the date in which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and the failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. The fee for said list shall be $10 or $0.25 per name, whichever is greater.
F.
In accordance with Chapter 223 of the Borough Code, the applicant shall be made aware that, in addition to these fees, an affordable housing fee is required to be paid. One-half the estimated affordable housing fee is to be paid at the time the construction permit is issued. The remainder of the fee is to be paid prior to the time the certificate of occupancy is issued.
§ 107-16 Performance and maintenance guaranties.
[Amended 9-13-1977 by Ord. No. 77-16; 4-17-1980 by Ord. No. 80-4; 9-9-1997 by Ord. No. 8-1997; 4-23-2019 by Ord. No. 19-14]
A.
Required guaranties; surety. In accordance with N.J.S.A. 40:55D-53.4, for the purpose of assuring the installation and maintenance of bondable land development improvements, as a conditioned of all final site plan, subdivision, and/or zoning permit approvals, the Board or Zoning Officer, as appropriate, shall require, and the Borough Council shall accept the following guaranties:
(1)
Performance guaranties.
(a)
The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guaranty shall also cover the cost for privately owned perimeter buffer landscaping in an approved phase or section of a development, either as a separate guaranty or as a line item of the performance guaranty.
(b)
The cost of the improvements covered by the performance guaranty shall be determined by the Borough Engineer.
(c)
The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
(2)
Maintenance guaranty.
(a)
In accordance with N.J.S.A. 40:55D-53.4a(2), the developer shall post with the municipality a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Municipal Engineer. Additionally, in accordance with N.J.S.A. 40:55D-53.4a(2), a maintenance guaranty is required for any items on the performance bond associated with improvements being dedicated to the municipality, if any, which cost shall be determined by the Municipal Engineer.
(b)
The maintenance guaranty shall be furnished upon the inspection and issuance of final approval of the applicable private site improvements by the Municipal Engineer.
(c)
The term of the maintenance guaranty shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(3)
Temporary certificate of occupancy guaranty.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish a temporary certificate of occupancy guaranty ("TCOG") whenever the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development. The TCOG shall be furnished in favor of the municipality in an amount equal to 120% of the cost of installation of any improvements which:
(b)
The scope and amount of the TCOG shall be determined by the Municipal Engineer.
(c)
The TCOG shall be released upon the issuance of a permanent certificate of occupancy as issued and determined by the Borough Engineer and Construction Code Official.
(4)
Safety and stabilization guaranty.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish a safety and stabilization guaranty ("SSG") in favor of the municipality, either as a separate guaranty or as a line item of the performance guaranty.
(b)
The amount of the SSG for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the SSG for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 10% of bonded improvement costs in excess of $1,000,000.
(c)
The municipality shall release a separate SSG to a developer upon the developer's furnishing of a performance guaranty which includes a line item for safety and stabilization in the amount required pursuant to this chapter.
(d)
An SSG shall be available to the municipality for the purpose of returning property that has been disturbed to a safe and stable condition, or taking other measures to protect the public from access to an unsafe or unstable condition. An SSG shall only be available to the municipality when:
[1]
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2]
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guaranty. A municipality shall not provide notice of its intent to claim payment under an SSG until a period of at least 60 days has elapsed, during which all work on the development has ceased for reasons other than force majeure. A municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(e)
The municipality shall release an SSG upon the Municipal Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
B.
Other governmental agencies. In the event that other governmental agencies or public utilities will automatically 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.
Borough solicitor review. The performance, maintenance, TCOG and SSG guaranties must be reviewed by the Borough Solicitor to confirm that they are issued satisfactory as to form, sufficiency, and execution and they meet all statutory requirements. After review and approval of the Borough Solicitor, all guaranties must be posted in original form with the Borough Clerk prior to the Planning Board Chair's and Secretary's signature of any site plan, subdivision plat or minor subdivision deed, and prior to issuance of any zoning, building or other permit or certificate.
D.
The Borough Clerk shall immediately notify the approving authority and the Municipal Engineer when the performance guaranty has been approved and accepted by the governing body. The Borough Clerk shall also notify all other appropriate department heads.
E.
Extension of time. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such 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 the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-23.4 as of the time of the passage of resolution.
F.
Preconstruction conference; inspection fee.
(1)
Prior to the beginning of construction, including access into the site, the applicant shall arrange for a preconstruction conference to be held between the applicant, Borough Construction Official, Zoning Officer, contractor, and Municipal Engineer. Prior to creating access into the site from a public street, a road opening permit shall be obtained. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Municipal Engineer to ensure satisfactory completion. The Municipal Engineer shall be notified by the applicant five days in advance of the start of construction.
(2)
No construction shall begin until the construction inspection fee shall be paid by the applicant to the Borough in accordance with § 107-16M.
(3)
No work shall be done without approval from the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified prior to the work commencing in the field.
G.
Electrical, gas, telephone and all other utility installations installed by utility companies shall also be subject to the inspection requirements contained herein.
H.
Inspection by the Municipal Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress or is completed, or any combination of conditions on all or a part of the tract, is upon the applicant and his contractors or subcontractors, if any.
I.
Default; reductions and release. If the required improvements are not completed or corrected in accordance with the performance guaranty, the developer and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Otherwise, the guaranties will be subject to reduction and release as provided in N.J.S.A. 40:55D-53.
J.
Request for list of uncompleted or unsatisfactory completed improvements. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer and appended to the performance guaranty pursuant to this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by obligor's request that shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty pursuant to this section.
K.
Action by governing body. The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty and the safety and stabilization bond relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty pursuant to this section. This resolution shall be adopted not later 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guaranty and safety and stabilization bond, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guaranty and safety and stabilization bond, the amount of the performance guaranty and safety and stabilization bond attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guaranty, then the municipality may retain 30% of the amount of the total performance guaranty and safety and stabilization bond to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guaranty even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
L.
The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptable of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the governing body.
M.
Engineering inspection fees. The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection M(1) and (2) of this subsection. The developer shall post the inspection fees in escrow in an amount:
(1)
Not to exceed 5% of the cost of bonded improvements that are subject to a performance guaranty in accordance with § 107-16A; and
[Amended 5-28-2019 by Ord. No. 19-19]
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guaranty in accordance with § 107-16A, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
[Amended 5-28-2019 by Ord. No. 19-19]
(3)
Installments. For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
(4)
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection M(1) and (2) of this subsection, is insufficient to cover the cost of additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimate the time required for those inspections, and estimates the cost of performing those inspections.
N.
Applicability of amendments not codified in this section. Any and all amendments made to N.J.S.A. 40:55D-53 et al. that have not been codified in this section shall be deemed incorporated herein.
O.
Applicability to existing projects. The modifications in this section shall be applicable to all projects that have not yet received final approvals from the Borough Planning Board or the Borough Zoning Board of Adjustment and/or which have not posted bonds and begun construction of required improvements as of January 16, 2018, the date of enactment of P.L. 2017, c. 312, which obviated the Borough's previously lawful ordinances.
§ 107-17 Repealer.
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. Upon the adoption of this chapter according to law, all previously adopted Subdivision and Site Plan Ordinances and their amendments are repealed.
§ 107-18 Inspections.
See § 107-16, Guaranties and inspections.
§ 107-19 Interpretation.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter establishes both minimum and maximum standards, both standards shall be met even though the combination of standards may not permit development to take advantage of all standards simultaneously. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation, or other provision of law, whichever provision(s) are more restrictive or impose higher standards shall control.
§ 107-20 Zoning permits and certificates of zoning compliance; issuance and fees.
A.
No zoning permit or certificate of zoning compliance shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements such as but not limited to excavation or construction of public or private improvement shall be commenced except in conformance with this chapter in accordance with plat approvals, payment of all required fees (§ 107-15), including the affordable housing fee, and the issuance of required permits.
B.
A zoning permit shall be issued by the Zoning Officer before the issuance of a construction permit. (See § 107-12 for notices to Construction Official.) Upon completion of the work, the Zoning Officer shall issue a certificate of zoning compliance. Said certificate of zoning compliance shall be issued prior to, and as a condition to receiving, a certificate of occupancy from the Construction Official.
C.
It shall be unlawful to use or permit the use of any building or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, until a certificate of zoning compliance shall have been issued by the Zoning Officer, and no certificate shall be issued unless the land, building and use thereof comply with this chapter. All matters incorporated on the approved subdivision or site plan shall have been completed and certified by the Municipal Engineer prior to the issuance of the certificate of zoning compliance.
§ 107-21 Planning Board.
A.
Establishment.
(1)
Regular members. There is hereby established, pursuant to N.J.S.A. 40:55D-23 et seq., in the Borough of Glassboro a Planning Board of nine members consisting of the four classes of members as set forth in N.J.S.A. 40:55D-23a.
(2)
In addition to said regular members, said Planning Board shall also consist of two alternate members, appointed by the Mayor, who shall meet the qualifications of Class IV members. Said alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Added 12-26-1978 by Ord. No. 78-20; amended 4-17-1980 by Ord. No. 80-4]
B.
Terms.
(1)
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
(2)
The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment, as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C.
Vacancies. If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
D.
No member of the Planning Board shall be permitted to act on any matter in which the member has, either directly or indirectly, a personal or financial interest.
E.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
F.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
G.
Planning Board authority.
(1)
The Planning Board shall have all powers prescribed by law.
(2)
Except where a use variance is involved, as outlined for the Board of Adjustment, the Planning Board shall approve all subdivisions, site plans, planned development applications and conditional uses. The Planning Board when reviewing development applications shall have the power to grant exceptions as noted this chapter and to the same extent and subject to the same restrictions as the Board of Adjustment:[1]
(a)
A variance from such strict application of the zoning regulations where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation of this chapter would result in peculiar and exceptional and undue hardship upon the applicant of such property in order to relieve such difficulties or hardship.
[Amended 4-17-1980 by Ord. No. 80-4]
(b)
Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance, the Planning Board shall grant or deny approval of the application within 95 days after submission of a complete application to the administrative officer or within such further time as may be consented to by applicant. Failure of the Planning Board to act within this period shall constitute approval of the application.
(3)
The Planning Board shall also have the power to review and approve or deny all aspects of a development plan simultaneously without the applicant being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use, site plan, variance or permits, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to these provisions, notice of the hearing shall include reference to the request for such conditional use.
(4)
Hearing, notices and actions taken by the Planning Board when reviewing a site plan or subdivision simultaneously with applications requiring considerations for conditional uses or variances shall be in accordance with § 107-22H, Public hearings and notices.
(5)
In the event that the Planning Board disapproves a development plan, no construction permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as the original application.
(6)
The Planning Board shall have the authority to permit a deviation from the final plan if caused by change of conditions beyond the control of the applicant since the date of final approval and 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.
(7)
Conditional uses. Before any permit shall be issued for a conditional use, application shall be made to the Planning Board. The Planning Board shall grant or deny the application after public hearing, but within 95 days of submission on a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the Planning Board shall review the number of employees or users of the property and the requirements set forth in the ordinance and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s), and shall conduct a public hearing on the application. The uses for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the Planning Board shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.
(8)
Approval conditioned upon taxes and assessments being current. All applications to the Planning Board shall be accompanied by a certification issued by the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which application is made. No approval shall be given by the Planning Board in the absence of proof that no taxes or assessments for local improvements are currently due or delinquent.
[Added 4-17-1980 by Ord. No. 80-4]
§ 107-22 Provisions applicable to both Board of Adjustment and Planning Board.
A.
Organization of boards. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members. Both Boards shall elect a Secretary of the Board from its membership.
B.
Attorneys. There is hereby created the office of Planning Board Attorney and the office of Attorney to the Zoning Board of Adjustment. Each Board may annually appoint and fix the compensation of or agree upon the rate of compensation of its respective Board Attorney who shall be an attorney other than the Municipal Attorney.
C.
Experts and staff. The Planning Board and the Zoning Board of Adjustment may employ or contract for the services of experts and other staff and services as they may deem necessary. The Boards shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for their use.
D.
Rules and regulations. Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E.
Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
F.
Meetings.
(1)
Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meeting shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present.
(4)
All actions shall be taken by a majority vote of the members present at the meeting except as otherwise required by any provision of the Municipal Land Use Law or this chapter.
[Amended 4-17-1980 by Ord. No. 80-4]
(5)
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 Act, c. 231, Laws of New Jersey 1975 (N.J.S.A. 10:4-6 et seq.).
(6)
A member of the Planning Board or Zoning Board of Adjustment who was 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 Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
[Added 4-17-1980 by Ord. No. 80-4]
G.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Planning Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
H.
Public hearings and notices. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below:
(1)
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
(2)
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, included 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.
(3)
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The amount so charged shall not exceed the maximum permitted in N.J.S.A. 2A:11-15.[1] Said transcript shall be certified in writing by the transcriber to be accurate.
[Amended 4-17-1980 by Ord. No. 80-4]
[1]
Editor's Note: Repealed by L.1991, c. 119. See N.J.S.A. 2B-7-4.
(6)
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the administrative officer.
(7)
Decisions on applications.
[Amended 4-17-1980 by Ord. No. 80-4]
(a)
Each decision on any application for development shall be reduced to writing as provided in this section and shall include findings on facts and conclusions based thereon. 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.
(b)
The Board may provide such written decisions and findings and conclusions either on the date of the meeting at which the Board takes 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 on the application.
(c)
The adoption of a resolution of memorialization pursuant to this section 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.
(d)
Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of all required mailings, filings and publications.
(8)
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or, if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
(9)
All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street addresses, if any, or by reference to lot and block numbers, and the location and times at which any maps and documents are available for public inspection.
(10)
All notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date.
(a)
Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
(b)
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 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. Notice shall be given by serving a copy thereof on the property owner as shown on 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 said current tax duplicate.
[Amended 4-17-1980 by Ord. No. 80-4]
(c)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation, without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
[Amended 4-17-1980 by Ord. No. 80-4]
(d)
Notice of hearings on applications of approval of a major subdivision or a major site plan requiring public notice pursuant to N.J.S.A. 40:55D-12a shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, by 1) serving a copy of the notice on the person whose name appears on the registered form on behalf of the public utility, cable television company or local utility, or 2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form. The administrative officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the municipality pursuant to N.J.S.A. 40:55D-12.1a. The registration form shall include the name of the public utility, cable television company, or local utility, and the name, address and position of the person to whom the notice shall be forwarded as required by N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12c. There is hereby imposed upon each public utility, cable television company, and local utility which registers in accordance with this section, a registration fee of $10 as permitted by N.J.S.A. 40:55D-12.1c.
(e)
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.
(f)
Notice shall be given by personal service or certified mail to:
[1]
The County Planning Board where the hearing concerns a 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.
[2]
The Commissioner of New Jersey Department of Transportation where the hearing concerns a property adjacent to a state highway.
[3]
The Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds 500 dwelling units. The notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.
(g)
Upon the written request of an applicant, the administrative officer 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 this N.J.S.A. 40:55D-12b. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date in which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
[Added 4-17-1980 by Ord. No. 80-4]
(11)
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
§ 107-23 Effect on existing plans and rights.
These regulations shall not be construed as abating any action now pending under or by virtue of prior existing subdivision or site plan regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of this municipality except as shall be expressly provided for in this chapter.
§ 107-24 Site plan approval required.
[Amended 11-14-1995 by Ord. No. 95-20]
Site plan approval by the approving authority is required for all developments which do not meet the definition of "site plan, exempt" as set forth in § 107-3. No zoning permit, construction permit, or certificate of occupancy shall be issued for any structure until site plan approval has been granted. Where only a portion of a site is proposed to be developed or improved, the site plan may be limited to that portion of the tract being developed or improved plus an area of 50 feet around that area. When site plan approval has been given, only those improvements and uses shown on the site plan shall be permitted unless or until an amended site plan is approved, including, but not limited to, building additions, expansion or reduction in parking and loading areas, new or different areas of outdoor storage, use of temporary buildings, structures or vehicles, and display of materials.
§ 107-25 Site Plan Review Advisory Board and Development Committee.
A Site Plan Review Advisory Board and a Development Committee is created as a single "Development Committee" with membership of one or more persons appointed by the Planning Board Chairman. The Development Committee shall assist the approving authority by reviewing all site plans and subdivisions and making recommendations to the approving authority.
§ 107-26 Severability.
If any section, paragraph, clause or other provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder of this chapter shall be deemed valid and effective.
§ 107-27 Violations and penalties.
A.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Act[1] or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land and to prevent any illegal act, conduct, business or use in or about such premises. Such violations shall be cognizable in a court of competent jurisdiction. Any person convicted of such violations shall be subject to a penalty not to exceed $500 and/or 90 days in jail and each act shall be deemed a separate violation.
[1]
Editor's Note: "This Act" refers to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
B.
Other remedies.
(1)
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except, pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this Act,[2] such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
[2]
Editor's Note: "This Act" refers to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(2)
In addition to the foregoing, the municipality may institute and maintain a civil action:
(a)
For injunctive relief;
(b)
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.
(3)
In the event that the Borough is successful in instituting and maintaining any such civil litigation, then the party against whom said litigation was instituted, and from and against whom said relief was sought, shall be responsible for reasonable counsel fees and costs of said litigation incurred by the Borough in the course of pursuing and maintaining said action.
C.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the applicant or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.