Morris Plains City Zoning Code
ARTICLE 3
Municipal Agencies; Administration; Fees
§ 13-3.1 Planning Board.
[Amended by Ord. No. 15-2014]
Pursuant to N.J.S.A. 40:55D-1 et seq., there is hereby established a Planning Board of nine members and two, alternate members. The membership, terms, organization, powers, function and operation of the Board shall be subject to all applicable provisions of said statute.
§ 13-3.2 Zoning Board of Adjustment.
[Amended 12-19-2019 by Ord. No. 17-2019]
Pursuant to N.J.S.A. 40:55D-69, there is hereby established a Zoning Board of Adjustment consisting of seven regular members and not more than four alternative members, appointed by the Mayor. Regular members shall serve for a term of four years from January 1 of the year of appointment and alternate members for a term of two years from January 1 of the year of appointment. The membership, terms, organization, powers, function and operation of the Board shall be subject to all applicable provisions of said statute.
§ 13-3.3 Rules; regulations; meetings; hearings; notice requirements; appeals.
[Amended 9-6-2018 by Ord. No. 13-2018]
A.
Every municipal agency shall adopt rules and regulations relating to the administration of its functions consistent with the provisions of N.J.S.A. 40:55D-1 et seq., and said provisions shall govern the scheduling and conduct of meetings and hearings, notices of hearings, and the filing of ordinances.
B.
Any interested party may appeal any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d in accordance with the provisions of N.J.S.A. 40:55D-17.
C.
Notice of hearings shall be given in the manner as set forth in N.J.S.A. 40:55D-12 for the following matters:
(1)
All applications for development as defined in N.J.S.A. 40:55D-3, including any subdivision, site plan, planned development (including a general development plan pursuant to N.J.S.A. 40:55D-45.2), cluster development, conditional use, zoning variances pursuant to N.J.S.A. 40:55D-70 and direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36, with the exception of a concept plan, which shall be exempt from the notice requirement;
(2)
Any appeal from the determination of an administrative officer pursuant to N.J.S.A. 40:55D-70a;
(3)
Any request for interpretation pursuant to N.J.S.A. 40:55D-70b;
(4)
Any request for the issuance of a certificate certifying a lawful preexisting nonconforming structure or use pursuant to N.J.S.A. 40:55D-68;
(5)
Any request for extension of approvals for five or more years under N.J.S.A. 40:55D-49 or N.J.S.A. 40:55D-52;
(6)
Any request for modification or elimination of a significant condition contained in a board's memorializing resolution in any situation wherein the Board's resolution is memorializing an application for development which required public notice.
D.
An applicant may request, but shall not be entitled to, a special meeting for the consideration of the application at other than a regular meeting of the Board. Special meetings at the request of an applicant may be scheduled at the pleasure of the Board provided the public interest is fairly and reasonably served. In addition to any other fees required to be paid in connection with the application, the applicant shall be responsible for all fees and costs related to the special meeting as set forth in Chapter 2, § 2-46, the Fee Schedule of the Borough of Morris Plains.
[Added 12-19-2019 by Ord. No. 12-2019]
§ 13-3.4 Fees.
Prior to the consideration of an application by the Planning Board or the Board of Adjustment, as the case may be, under the terms of this chapter, the applicant shall have paid such fees and technical review escrow deposits as established by the Borough Fee Schedule included in Chapter 2, Administration, of the Revised Ordinances of the Borough of Morris Plains. The administration of technical review deposits, including professional service charges and procedures, payments made to professionals from said deposits and escrow close-out procedures shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1, 40:55D-53.2 and 40:55D-53.2A and any amendments thereto.