Hampton City Zoning Code
ARTICLE II
Administration
§ 157-4 Planning Board.
A.
Establishment. The Planning Board heretofore created is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) in the Borough of Hampton. The Planning Board shall consist of nine members consisting of the following four classes:
(2)
Class II: one of the officials of the Borough, other than a member of the Borough Council, to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member.[2]
(3)
Class III: a member of the Borough Council to be appointed by it, except that no member for Class III shall be appointed to the Planning Board if the Borough Council consists of only three members.
(4)
Class IV: six citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member unless there are, among the Class IV members of the Planning Board a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
[Amended 11-9-1992 by Ord. No. 14-92[3]]
B.
Terms. The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first. The term of all other Class IV members shall be four years. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.
C.
Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
D.
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a Borough employee, and create and fill such other offices as established by ordinance.
E.
Principal powers. The Planning Board shall have the following powers and duties:
(1)
To prepare and adopt, and from time to time amend, a Master Plan for the physical development of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of land subdivision and site plan review prescribed by this chapter in accordance with the provisions of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(3)
To approve conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
(4)
To prepare and recommend for adoption an Official Map pursuant to N.J.S.A. 40:55D-32.
(5)
To prepare, when authorized by the Borough Council, a capital improvements program pursuant to N.J.S.A. 40:55D-29.
(6)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7)
To assemble data on a continuing basis as part of a continuous planning process.
(8)
To consider and make a report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Planning Board by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(9)
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant variances pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance.[4]
(10)
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
(11)
To exercise, to the same extent and subject to the same restrictions, all the powers of a Zoning Board of Adjustment.
[Added 2-23-2004 by Ord. No. 3-04]
F.
Additional powers.
[Amended 9-22-2008 by Ord. No. 7-08]
(1)
Informal review. Any person wishing to be heard with regard to a proposed development for which no formal application has been filed shall be entitled to be heard by the Planning Board as follows:
(a)
Ten-minute presentation. Without prior notice, 10 minutes shall be available at any regular meeting for an informal presentation. There shall be no charge for such a presentation, but no property shall be the subject of any more than two such presentations annually.
(b)
Informal hearing. Upon written application, an informal hearing lasting no more than an hour shall be scheduled at the next regular meeting more than two weeks after the date of the application. The application shall specify whether or not a pre-meeting review shall be conducted by the Board Attorney and/or Board Engineer.
(2)
Modification of approval. An approved application for development may be extended or modified upon application to the Planning Board. The applicant shall specify whether or not a pre-meeting review shall be conducted by the Board Attorney and/or Board Engineer. The notice requirement applicable to the initial application shall apply to the application for extension or modification.
G.
Advisory Committee. The Mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
H.
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
I.
Four alternate members, who shall be residents of the Borough of Hampton, shall be added to the Planning Board by appointment of the Mayor and shall meet the qualifications of Class IV members. The alternate members shall be designated at the time of the appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years.
[Added 2-23-2004 by Ord. No. 3-04]
§ 157-5 Zoning Board of Adjustment.
A.
Establishment and composition.
[Amended 2-23-2004 by Ord. No. 3-04]
(1)
The powers and authority of the Zoning Board of Adjustment shall hereafter be exercised by the Planning Board pursuant to N.J.S.A. 40:55D-25.
(2)
The Class I and Class III members of said Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of Public Law 1975, c. 291, (N.J.S.A. 40:55D-70).
(3)
All references to the Board of Adjustment in either N.J.S.A. 40:55D-1 et seq. or this chapter shall hereafter be deemed to refer to the Planning Board.
B.
Applications for development. Any application for development which would have been submitted to the Board of Adjustment and which is made after the effective date of this subsection shall be submitted to the Planning Board pursuant to N.J.S.A. 40:55D-25. The power of the Planning Board with respect to any such application shall be in accordance with N.J.S.A. 40:55D-60 et seq., as amended, and with the provisions of the Land Development Ordinance of the Borough of Hampton.
[Amended 2-23-2004 by Ord. No. 3-04]
C.
Principal powers. The power of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
(1)
The Zoning Board of Adjustment shall:
(a)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirements, decision or refusal made by an official based on or made in the enforcement of this chapter.
(b)
Hear and decide requests for interpretation of the map or this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(c)
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 in this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application, so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(d)
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least five members.
(2)
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purposes of the zone plan and this chapter. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
D.
Ancillary powers. The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection C above, have power given by law to:
(1)
Direct 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 drainageway, flood-control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(3)
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through N.J.S.A. 40:55D-58 inclusive or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection C(1)(d) of this section. The Zoning Board of Adjustment may consider the use variance separately prior to review and action on a subdivision or site plan.
[Amended 11-9-1992 by Ord. No. 14-92]
E.
Power to reverse or modify decisions. In exercising its power, the Board of Adjustment may, in conformity with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), or amendments thereto, or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal was taken.
F.
Time for decision.
(1)
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 official or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
(2)
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.
G.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72a by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Zoning Officer. Said notice of appeal shall specify the grounds of said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2)
Applications addressed to the original jurisdiction of the Board of Adjustment, without prior application to an administrative officer, shall be filed with the Zoning Officer. The application shall be filed at least 10 days prior to the date set for hearing, with prints of the plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Clerk. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
(3)
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
H.
Temporary permits.
(1)
Temporary permits may be authorized by the Board of Adjustment after a hearing for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery and the assembly of building materials. In addition, the Board of Adjustment, after a hearing, may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sale and management office for the sale of those homes within a subdivision, provided that all of the following requirements are complied with:
(a)
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Board of Adjustment.
(b)
Said house is of substantially similar design as those houses to be sold within the subdivision.
(c)
No business other than that accessory to the management and sales of the lands owned by the applicant shall be permitted.
(d)
Said dwelling house shall meet all other zoning restrictions of the zone in which it is located.
(2)
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such permit may be renewed by the Board of Adjustment annually after a hearing.
I.
Time limits for further action.
(1)
If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permit shall be secured and the authorized action of construction begun within six months after the date when the variance is finally granted or the issuance of the permit is finally approved or the other action by the appellant or applicant is authorized, and the structure, building or alteration (as the case may be) shall be completed within 18 months of the date when the permit is issued. For good cause, the Board of Adjustment may, upon application, in writing, stating the reasons therefor, extend either the six-month or the eighteen-month period.
(2)
Should the appellant or applicant fail to obtain the necessary permit or permits within such six-month period or, having obtained the same, should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application, and all permissions, permits and variances to him granted shall be deemed automatically rescinded by said Board of Adjustment.
(3)
Should the appellant or applicant commence construction or alteration within said six-month period, the Board of Adjustment may, upon 10 days' notice, in writing, rescind or revoke the granted variance or the issuance of the permit or permits or other action authorized to the appellant or applicant if the Board of Adjustment finds that no good cause appears for the failure to complete within such eighteen-month period and if the Board of Adjustment further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action that revocation or rescission of the action is justified.
§ 157-6 Provisions applicable to Planning Board.
[Amended 9-22-2008 by Ord. No. 7-08[1]]
A.
Conflicts of interest. No member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter and shall not participate in any discussion or decision relating thereto.
B.
Compensation. All members of the Planning Board shall serve without compensation.
C.
Attorney. There is hereby created the office of Attorney for the Planning Board. The Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Attorney, who shall be an attorney other than the Borough Attorney or the Planning Board Attorney, as the case may be. Such compensation shall be within the appropriation made by the Borough Council.
D.
Experts and staff. The Board may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
E.
Rules and regulations. The Boards shall adopt such rules and regulations and bylaws 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
F.
Meetings.
(1)
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which 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 majority vote of a quorum except as otherwise required by any provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(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 (N.J.S.A. 10:4-6 et seq.).
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 of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for by ordinance.
H.
Hearings.
(1)
Rules. The Planning Board shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or of this chapter.
(2)
Oaths. 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses relating to an application of 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, 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 hearings, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5)
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means.
(6)
Maps and documents. 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 Planning Board. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
I.
Notice requirements for hearing. Notice of a hearing shall be given in cases of applications for preliminary approval of a major subdivision; all applications which require a variance; all applications for site plan review involving property in a residential zone; and all site plan applications involving the construction of a new principal building. The Planning Board, or any committee thereof established by ordinance, may require notice where a site plan application is found to have significant impact on neighboring properties. The applicant shall provide such notice as provided by statute as well as the following [exclusive of Subsection I(8) which shall apply to the Borough]:
(1)
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
(2)
Notice shall be given to the owners of all real property, as shown on the current Tax Map, located within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the 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. A return receipt is not required. Notice to a partnership 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.
(3)
Notice of all hearings on application 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, which notice shall be in addition to the notice required to be given pursuant to Subsection I(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given, by personal service or certified mail, to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining another county or situated within 200 feet of a municipal boundary.
(5)
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.
(6)
Notice shall be given, by personal service or certified mail, to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
(7)
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(9)
Any notice made by certified mail as hereinabove required shall be deemed as complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J.
Form of notice and mailing. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and 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 Borough Clerk's office, and the location and times at which any maps and documents for which approval is sought are available as required by law.
K.
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection I of this section.
L.
Decisions.
(1)
Written decision; resolution.
(a)
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of 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 municipal agency may provide such written decision and findings and conclusions, either on the date of the meeting at which the municipal agency takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of 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 municipal agency 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 subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development notwithstanding any prior action taken thereon.
(2)
A copy of the decision shall be mailed by the Secretary of the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed and made available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.
(3)
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Planning Board with actual charges to be paid by the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
M.
Conditional approvals.
(1)
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application for development in accordance with this chapter and, if such application for development complies with this chapter, the Planning Board shall approve such application conditioned on the removal of such legal barrier to development.
(2)
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Borough shall make a decision on any application for development within an extension of such period as has been agreed to by the applicant, unless the Planning Board is prevented or relieved from so acting by the operation of law.
N.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-45, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
O.
Finding of complete application. Within 45 days of the submission of an application for development, the Planning Board shall determine if the application is complete. If found incomplete, the applicant shall be informed promptly as to what elements are lacking or are inadequate. The maximum time limits specified in this chapter for action on an application for development shall commence from the date of the findings of a complete application by the Planning Board or from 45 days from submission if no determination is made.
§ 157-7 Fees and escrows.
[Amended 9-13-1982; 4-23-1990 by Ord. No. 7-90; 3-26-2001 by Ord. No. 2-01; 9-22-2008 by Ord. No. 7-08]
There shall be a fee charged in connection with any application for development, and the applicant shall be responsible for the cost of professional services rendered to the Borough in connection with the review of the application as well for the review and preparation of documents, inspection of improvements and other services related to the application. A fee shall also be charged for certain other actions of the Board and Borough Council. The amount of these fees and the amount of the initial deposit toward the cost of professional services shall be as provided in the Fee and Initial Escrow Schedule at the end of Subsection F.
A. BOARD DIMENSIONAL VARIANCE DISABLED PERSON ESCROW CHARGE PLANNING VARIANCE PROFESSIONAL SERVICES SIMPLE LOT LINE ADJUSTMENT/MERGER SPECIAL MEETING TAX EXEMPT ORGANIZATION USE VARIANCE
Definitions. As used in this section, the terms set forth below shall have the meanings indicated:
The Hampton Borough Planning Board.[1]
An application for a variance pursuant to the provisions of N.J.S.A. 40:55D-70(c).
The definition set forth in N.J.S.A. 40:55D-8(e).
The payments made by an applicant for professional services.
An application for a variance pursuant to the provisions of N.J.S.A. 40:55D-34 (building unrelated to a public street) or N.J.S.A. 40:55D-35 (building within public right-of-way).
Services rendered by the attorney, engineer and planner regularly retained by the Board, as well as services rendered by outside consultants retained when an application is of a nature beyond the scope of the expertise of these regularly retained professionals. Such services shall include reimbursement for the actual out-of-pocket expenses of any such professional or consultant.
A minor subdivision which adds land to one lot from another and which results in two conforming lots.
A meeting held on a date or time other than the date and time for a regularly scheduled monthly meeting.
A charitable, philanthropic, fraternal or religious nonprofit organization holding a tax exempt status under Section 501(c) or 501(d) of the Internal Revenue Code.
An application for a variance pursuant to the provisions of N.J.S.A. 40:55D-70(d).
B.
General rules.
(1)
All fees and initial escrow deposits shall be paid at the time of submission of the application for development, and the application shall not be considered complete until such charges are paid.
(2)
If an application for development requests more than one category of approval, the total charge shall consist of the normal charge for each category. If, however, an application seeks approval for more than one dimensional variance, only a single dimensional variance charge shall be due. Similarly, if an application seeks approval for more than one category of relief requiring a use variance, a single use variance charge shall be due. Applications seeking both dimensional and use variance relief shall require the payment of the charge for each.
(3)
Fees or charges required under any separate chapter of the Borough Code shall be in addition to the fees and escrow charges specified in this chapter.
(4)
Fees paid for an informal hearing shall be credited against the charges due for a formal application for development.
(5)
Applicants for development shall execute an escrow agreement which specifies their payment obligation with respect to professional services rendered in connection with their application.
(6)
The Hampton Borough and North Hunterdon Regional High School Board of Education shall be exempt from the payment of the fees specified in this chapter.
(7)
Other tax-exempt organizations shall be permitted to post a single application fee of $100 and then apply to the Board for a determination that they qualify qualifies for the fee and escrow charge reduction provided in Subsection D.
(8)
Applications for a dimensional variance seeking to promote accessibility to a living unit of a disabled person shall be exempt from the payment of the fees specified in this chapter.
C.
Additional fees and charges.
(1)
Transcripts. The Board may require the taking of testimony stenographically and having the same transcribed. All such costs shall be borne and paid for by the applicant. Upon a determination by the Board that a stenographic transcript is necessary or desirable, a deposit in an amount equal to the cost of a three-hour meeting shall be paid by the applicant prior to the next hearing date. Fees for stenographic and transcription services shall be in addition to the fees specified elsewhere in this chapter. Deposits shall be replenished for all subsequent hearings. The applicant may hire a qualified stenographic service of the applicant's choice in lieu of having the Board hire a stenographer. In all cases, both the Board and the applicant shall be provided with a copy of the transcript.
(2)
Special meetings and site inspections. A fee may be charged if an applicant requests a special meeting or an on-site inspection by the entire Board. The Board shall not be obliged to grant any such requests.
(3)
Approval certificates. A fee may be charged for the issuance of any document certifying to the approval of a development application other than the resolution of approval.
D.
Determination of fees for tax-exempt organizations. A tax-exempt organization shall be exempt from the payment of subsequent application fees if the following conditions are met:
(1)
The organization provides its services primarily to the residents of the Borough and surrounding communities.
(2)
The organization has been providing such service for at least three years.
(3)
The property which is the subject of the application is to be used in connection with providing such service.
E.
Sharing of professional expenses. A qualifying tax-exempt organization may petition the Borough Council to enter into an agreement to share the cost of professional services upon a finding that the project will be significantly beneficial to the residents of the Borough.
F.
Payment for professional services.
(1)
An application for development shall be accompanied by a payment toward the cost of professional services in an amount provided under the provisions of Subsection F. The initial payment shall be placed in escrow and administered by the Borough's Chief Financial Officer in accordance with the provisions of N.J.S.A. 40:55D-53.1.
(2)
Where the application is for an informal review or for the modification or extension of a prior approval, an applicant seeking pre-meeting review of the application shall specify the maximum time a professional shall spend reviewing the proposal, in increments of one hour, and shall specify whether such review shall be made by the Board Attorney, the Board Engineer, or both.
(3)
Payment from the escrow shall be pursuant to a voucher from the professional in accordance with the provisions of N.J.S.A. 40:55D-53.2(c).
(4)
If the Board determines that the cost of the professional services required to properly evaluate an application will exceed the existing escrow balance, the applicant, upon notice, shall be obliged to replenish the escrow to an amount equal to the estimated amount due at the conclusion of the next hearing.
(5)
Whenever the amount left in escrow is equal to less than 20% of the initial escrow amount, the Chief Financial Officer shall notify the applicant of this fact. The applicant shall then replenish the escrow to its original amount or post the amount needed specified by the Board pursuant to Subsection F(3) or petition the Board to permit the posting of a lesser amount.
(6)
Statements accounting for the activity in the escrow shall be sent to the applicant either quarterly, if monthly charges are less than $1,000, or monthly, if the charges exceed $1,000.
(7)
If there are insufficient funds to enable the Borough or the Board to perform required application reviews or improvement inspections, the applicant shall be notified and given 10 days to post sufficient funds. If the funds are not posted, the application shall be deemed either incomplete or become subject to dismissal without prejudice. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(8)
Notice under this subsection shall be deemed given if the applicant or the applicant's attorney is personally informed by the Board or upon the mailing of a notice from the Chief Financial Officer to the applicant.
(9)
The escrow shall be closed out in accordance with the provisions of N.J.S.A. 40:55D-53.2(d).
(10)
An applicant shall have the appeal rights specified in N.J.S.A. 40:55D-53.2a.
Fee and Initial Escrow Schedule | |||
|---|---|---|---|
Application or Service | Application Fee | Initial Escrow Deposit | |
Subdivisions | |||
Simple lot line adjustment/merger | $50 | $600 | |
Minor subdivision approval | $200 | $1,000 | |
Major subdivision preliminary plat | $600 | $2,000 | |
Major subdivision final plat | $300 | $1,500 | |
Zoning | |||
Appeal from Zoning Officer decision | $100 | $600 | |
Request for interpretation | $100 | $600 | |
Dimensional variance | $200 | $1,000 | |
Use variance | $200 | $2,000 | |
Planning variance | $200 | $300 | |
Site Plans | |||
Site plan waiver request | $50 | $300 | |
Minor site plan | $100 | $600 | |
Preliminary site plan approval | $300 | $4,0001 | |
Final site plan approval | $150 | $2,000 | |
Telecommunications site plan exempt [Added 4-12-2018 by Ord. No. 02-2018] | $450 | $1,500 | |
Other Applications | |||
Conditional use approval | $200 | $600 | |
Informal hearing | $100 | $3002 | |
Request modification/ extension of approval | $50 | $3002 | |
Rezoning application | $500 | $600 | |
Other Charges and Fees | |||
Approval certificate | $25 | ||
On-site inspections | $500 | ||
Special meeting | $500 | ||
Certificate of nonconformity | 3 | ||
NOTES: | ||
|---|---|---|
1. | If the site is larger than one acre, the escrow deposit shall be $6,000. | |
2. | If the applicant elects to have the application reviewed by the Board's professionals in advance of the hearing, there shall be an additional escrow deposit equal to the then applicable hourly rate of the professional(s) chosen to conduct the review. | |
3. | The fee for certificates issued by the Zoning Officer pursuant to N.J.S.A. 40:55D-68 are governed by N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15, which set fees for certain tax searches. | |
§ 157-8 Appeals to Borough Council.
[Added 12-14-1982; amended 5-14-1984]
A.
Any interested party may appeal to the Borough Council any final decision of the Planning Board on any class of applications for development. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to N.J.S.A. 40:55D-10i. The appeal to the Borough Council shall be made by serving the Borough Clerk, in person or by certified mail, with a notice of appeal specifying the grounds 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 Borough Council only upon the record established before the Planning Board.
[Amended 8-9-2010 by Ord. No. 5-10]
B.
Notice of the meeting to review the record below shall be given by the Borough Council, by personal service or certified mail, to the appellant, to those entitled to notice of a decision pursuant to N.J.S.A. 40:55D-10h and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to N.J.S.A. 40:55D-10f.
C.
The Borough Council shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such period. The appellant shall arrange for a transcript pursuant to N.J.S.A. 40:55D-10f, or otherwise, for use by the Borough Council. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
D.
The Borough Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board.
[Amended 8-9-2010 by Ord. No. 5-10]
E.
The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or modify any final action of either Board.
F.
The Borough Council shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a charge of $0.25 per page, 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 Borough. Such publication shall be arranged by the Borough Clerk at the expense of the applicant. The charge for such publication shall be $5 plus the fee for publication and proof of publication charged by the newspaper.