Lawnside City Zoning Code
ARTICLE I
General Provisions
§ 96-1 Title.
This chapter shall be known and may be cited as the "Land Development Ordinance of the Borough of Lawnside, Camden County, New Jersey."
§ 96-2 Purpose.
There is hereby ordained by the Council for the Borough of Lawnside, Camden County, New Jersey, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., a Land Development Ordinance for the following purposes:
A.
To guide the appropriate use or development of all lands in this borough in a manner which will promote the public health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of the borough does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment.
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens.
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
I.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
K.
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
L.
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.
M.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
§ 96-3 Definitions.
A.
Word usage. As used in this chapter, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
B. ADMINISTRATIVE OFFICER APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY BOARD OF ADJUSTMENT BUILDING CAPITAL IMPROVEMENT CIRCULATION COMMON OPEN SPACE CONDITIONAL USE CONVENTIONAL COUNTY MASTER PLAN COUNTY PLANNING BOARD DAYS DEVELOPER DEVELOPMENT DEVELOPMENT REGULATION DIVISION DRAINAGE ENVIRONMENTAL COMMISSION EROSION FINAL APPROVAL GOVERNING BODY HISTORIC SITE INTERESTED PARTY LAND LOT MAINTENANCE GUARANTY MAJOR SUBDIVISION MASTER PLAN MAYOR MINOR SUBDIVISION MUNICIPAL AGENCY MUNICIPALITY NONCONFORMING LOT NONCONFORMING STRUCTURE OFF-SITE OFF-TRACT OFFICIAL COUNTY MAP OFFICIAL MAP ON-SITE ON-TRACT OPEN SPACE PARTY IMMEDIATELY CONCERNED PERFORMANCE GUARANTY PLANNED COMMERCIAL DEVELOPMENT PLANNED DEVELOPMENT PLANNED INDUSTRIAL DEVELOPMENT PLANNED UNIT DEVELOPMENT PLANNED UNIT RESIDENTIAL DEVELOPMENT PLANNING BOARD PLAT PRELIMINARY APPROVAL PRELIMINARY FLOOR PLANS AND ELEVATIONS PUBLIC AREAS PUBLIC DEVELOPMENT PROPOSAL PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE QUORUM RESIDENTIAL CLUSTER RESIDENTIAL DENSITY RESUBDIVISION SEDIMENTATION SITE PLAN STANDARDS OF PERFORMANCE STREET STRUCTURE SUBDIVISION VARIANCE ZONING PERMIT
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
The Clerk of the municipality unless a different municipal official or officials are designated by ordinance or statute.
A developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to Article VI of this chapter.
The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
The Board established pursuant to Article VIII of this chapter.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction project.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of the county in which the land or development is located.
Calendar days.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this Act.
The Division of State and Regional Planning in the Department of Community Affairs.
The removal of surface water or ground water from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
The chief legislative body of the municipality. In municipalities having a Board of Public Works, "governing body" means such Board.
Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated pursuant to this Act.
In the case of a criminal or quasicriminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or failure to act under this chapter.
Includes improvements and fixtures on, above or below the surface.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of this Act.[1]
The chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by Municipal Council and Municipal Manager, the term "Mayor" shall not mean the Municipal Manager but shall mean the Mayor of such municipality.
A subdivision of land that does not involve the creation of more than the maximum number of lots specifically permitted by ordinance as a minor subdivision; planned development; any new street; or extension of any off-tract improvement.
A municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to this chapter, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
Any city, borough, town, township or village.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5.[2]
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Article I of this chapter.
Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total "performance guaranty" in cash.
An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity, containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
Includes planned unit development, planned unit residential development, residential cluster, planned commercial development and planned industrial development.
An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity, containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
An area with a specified minimum contiguous acreage of 10 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasipublic, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
An area with a specified minimum contiguous acreage of five acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
The Municipal Planning Board established pursuant to § 96-19 of this chapter.
A map or maps of a subdivision or site plan.
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal agency.
An area to be developed as a single entity according to a plan, containing residential housing units which have common or public open space area as an appurtenance.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
A development plan of one or more lots on which is shown: the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of this Act.[3]
Standards adopted by ordinance pursuant to Section 52d,[4] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this chapter, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
Permission to depart from the literal requirements of a zoning ordinance pursuant to Sections 47 and 29.2b, 57c and 57d of this Act.[5]
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to § 96-24 and Article VIII of this chapter.
§ 96-4 Promulgation of rules and regulations.
The Borough Council, Planning Board and Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq., or this chapter, for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by § 96-17 of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
§ 96-5 Meetings; quorum.
Every borough agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the borough agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The borough agency may provide for special meetings at the call of the Chairman or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and agency regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum except as otherwise required by §§ 96-14E, 96-25A, 96-33, 96-62A(4) and 96-68F of this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
§ 96-6 Notice of meetings; minutes.
A.
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 provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (P.L. 1975, c. 231), and agency regulations.
B.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the borough agency and of the persons appearing by attorney, the action taken by the borough agency, the findings, if any, made by it and the 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by § 96-17 of this chapter for reproduction of the minutes for his use.
§ 96-7 Hearings; decisions; time for appeals.
A.
The borough agency shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan.
B.
The borough agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Borough Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
D.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
E.
Technical rules of evidence shall not be applicable to the hearings, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
The borough agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The borough agency shall furnish a transcript or duplicate recordings in lieu thereof, on request, to any interested party at his expense.
G.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
H.
A copy of the decision shall be mailed by the Secretary of the borough agency within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a fee as specified by § 96-17 of this chapter. A copy of the decision shall also be filed by the borough agency in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee as specified in § 96-17 of this chapter and available for public inspection at his or her office during borough business hours.
I.
A brief notice of the decision shall be published in a newspaper of general circulation in the borough. Such publication shall be arranged by the Borough Clerk, provided that the applicant may in any case provide for publication of the decision. The applicant shall pay a fee as designated by § 96-17 for publication of said notice, unless applicant submits proof acceptable to the borough within 10 days of the decision that he has provided for the required publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the borough or the applicant.
§ 96-8 Contents of notice of hearing on development applications or adoption of Master Plan.
Notices pursuant to § 96-9 and 96-10 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of notices pursuant to § 96-9 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 96-7B of this chapter.
§ 96-9 Notice of hearings on applications for development.
Notice pursuant to Subsections A, B, D, E, F and G of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing on an application for development shall be given except for: conventional site plan review pursuant to § 96-36A of this chapter, except as otherwise required by § 96-43 of this chapter; minor subdivisions pursuant to § 96-49 of this chapter; or final approval pursuant to § 96-45 of this chapter, provided that public notice shall be given in the event that relief is requested pursuant to § 96-24 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in a newspaper of general circulation in the borough.
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. 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.
C.
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of $10 shall be charged for such list.
D.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
E.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey 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 § 96-7B of this chapter.
H.
The applicant shall file an affidavit of proof of service with the borough agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
§ 96-10 Notice of hearings on Master Plan.
The Planning Board shall give:
A.
Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in a newspaper of general circulation in the borough at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.
C.
Notice by personal service or certified mail to the County Planning Board of all hearings on:
(1)
The adoption, revision or amendment of the Borough Master Plan at least 10 days prior to the date of the hearing. Such notice shall include a copy of any proposed Master Plan, or any revision or amendment thereto; and
(2)
The adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment. Such notice shall include a copy of the Master Plan or revision or amendment thereto.
§ 96-11 Effect of mailing notice.
§ 96-12 Notice of hearings on development regulations.
A.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings. Any notice provided hereunder shall include a copy of the proposed development regulation or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 96-13 Filing of development regulations.
The Borough Clerk shall file with the County Planning Board, as soon after passage as possible, all development regulations, including this chapter and any amendments or revisions thereto, and file and maintain for public inspection copies of said regulations in the office of the Clerk.
§ 96-14 Appeals to governing body; decisions.
A.
Any interested party may appeal to the Borough Council a final decision of the Board of Adjustment approving an application for development pursuant to § 96-62A(4) of this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 96-71 of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Board of Adjustment or Planning Board.
B.
Notice of the meeting to review the record below shall be given by the Borough Clerk by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 96-7H 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 argument on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meetings pursuant to § 96-7F.
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 § 96-7F, or otherwise, for use by the Borough Council, and shall submit proof upon the filing of his notice of appeal or within 10 days thereof that he has ordered said transcript. Failure of the appellant to order the transcript within the above time shall result in dismissal of the appeal. 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, 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 Board of Adjustment.
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 the Board.
F.
An appeal to the borough shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Borough Council, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
G.
The Borough Council shall mail a copy of the decision to the appellant, or if represented, then to his attorney, and to the applicant, without separate charge, and for a fee as designated by § 96-17 of this chapter to any interested party who has requested it, not later than 10 days after date of the decision. A brief notice of the decision shall be published in a newspaper having general circulation in the borough. Such publication shall be arranged by the Borough Clerk, provided that the applicant may arrange such publication if he so desires.
H.
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 96-15 Enforcement.
The Borough Council shall enforce this chapter. 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 chapter, the Borough Council and its agents 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; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 96-16 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any 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 approving authority shall process such application for development in accordance with this chapter, and if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances condition its approval upon the subsequent approval by such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 96-17 Fees.
[Amended 3-13-1985 by Ord. No. 5-1985; 4-7-1993 by Ord. No. 08-FY93; 8-8-1993 by Ord. No. 03-FY1994; 5-3-1995 by Ord. No. 13-FY1995; 3-1-2000 by Ord. No. 16-FY2000; 11-13-2006 by Ord. No. 05-FY2007; 2-28-2022 by Ord. No. 03-2022]
A.
The following fee schedule established for the Planning Board to be adhered to:
[Amended 12-6-2023 by Ord. No. 10-2023; 8-21-2024 by Ord. No. 09-2024]
Planning Board Fee Schedule | |||
|---|---|---|---|
Application Fee | Engineer Escrow | Legal Escrow | |
Pre-development meeting | $175 | $500 to $1,000 | $700 |
Designated developer application | $750 | $2,000 | $1,500 |
PILOT negotiations | $0 | $2,500 | $1,500 |
Minor subdivision (3 lots or fewer) | $150 | $2,000 | $575 |
Major subdivision (4+ lots) | |||
Preliminary | $450 | $2,000 + $175/lot | $1,250 |
Final | $450 | $1,200 + $150/lot | $1,250 |
Site plan review | |||
Preliminary | $600 (nonresidential); $225 (residential) | $2,150 for less than 0.50 acre; $3,000 for 0.50 acre or more | $1,000 |
Final | $400 (nonresidential); $200 (residential) | $1,750 for less than 0.50 acre; $3,500 for 0.50 acre or more | $1,500 |
B.
Economic development fee schedule.
[Amended 12-6-2023 by Ord. No. 10-2023; 8-21-2024 by Ord. No. 09-2024]
Application Fee | Engineer Escrow | Legal Escrow | |
|---|---|---|---|
Pre-development meeting | $175 | $1,000 | $700 |
Designated developer application | $750 | $2,000 | $1,500 |
PILOT negotiations | $0 | $2,500 | $1,500 |
C.
Escrow fees.
(1)
All fees referenced above, including application fees, inspection escrows and miscellaneous fees shall be escrow fees to pay the services of any professional personnel employed by the Planning Board, Zoning Board or Borough Council concerning the nature and substance of the applicant's application and/or to pay the services of any such professional personnel and the costs and expense incurred by such professional personnel and/or the Planning Board, Zoning Board and/or Borough Council in providing advice, counsel, representation and other related services in planning, zoning and/or economic development matters before the Planning Board, Zoning Board and/or the Borough Council.
(2)
If during the existence of this escrow account the balance of funds held by the Borough shall be insufficient to cover vouchers submitted by the professionals, the applicant shall deposit additional sums with the Borough to cover the amount of the deficit and the anticipated amount to cover all remaining work within 10 days after receipt of written notice from the Borough's Finance Office of the amounts owed. In the event that an applicant fails to deposit the additional escrow moneys as required, within the time set forth in this subsection, the Borough, through its agent and employees, shall take whatever action deemed necessary in order to compel the payment of the escrow amount. In addition, the professional personnel may take any action individually as they deemed necessary to satisfy the vouchers submitted. Notwithstanding the foregoing, any applicant who does not deposit such additional escrow moneys within 30 days after receipt of written notice from the Borough's Finance Office of the amounts owed shall be charged a late fee equal to the 1 1/2% times the amount owed from the date such sums were due pursuant to such notice provided to the applicant or property owner by the Planning Board, Zoning Board of Adjustment, Zoning Officer, Borough Committee, Borough Clerk or any other agency of the Borough unless all amounts owed pursuant to this section by such applicant or owner or with respect to the subject property are paid in full.
(3)
All excess moneys in the escrow account will be returned at the time of final release of maintenance bonds for improvements to the applicant with a statement of money expended against the account. If at any time prior to final approval the applicant elects to withdraw his request for approval and abandon the project, any moneys remaining in the escrow account, after all proper charges have been paid, will be returned to the applicant with a statement of money expended against the account.
D.
Engineering inspection fees.
(1)
These funds shall be deposited by the Treasurer in an escrow account and shall be used to reimburse the Borough for any costs incurred on behalf of the applicant.
(2)
Upon final release of the maintenance bonds or final approval, whichever occurs later, the applicant or his successor may request the return of any excess funds in his escrow account. These funds shall be released within 60 days, together with a statement of all costs paid from the escrow funds indicating the time expended and the costs of the Borough in providing these inspections and other required reviews. The applicant has the right to review all vouchers and other supporting documentation on file with the Borough substantiating the costs charged against his escrow account.
(3)
If, at any time prior to final approval, the applicant elects to withdraw his request for approval and abandon the project, the applicant or his successor may request the return of excess funds in his escrow account in the manner outlined above.
(4)
Payment of taxes and liens as condition to development approval. As a condition for approval of any development application, an applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which said application is made.
E.
The following fee schedule established for the zoning/land use/sign permit application be adhered to:
[Added 8-21-2024 by Ord. No. 09-2024]
Fee | |
|---|---|
Nonrefundable zoning/land use application | $50 - fence $75 - residential $115 - commercial $125 - institutional $170 - industrial $425 - billboards |
Nonrefundable sign application | $100 - below 3,000 square feet of area $150 - 3,000 square feet of area or more |
§ 96-18 Violations and penalties.
[Amended 2-28-2022 by Ord. No. 03-2022
Anyone violating this chapter shall be subject, upon conviction, to a fine not to exceed $2,000. For fines greater than $1,250, the owner, for violations of housing or zoning codes, shall be provided a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation.