North Arlington City Zoning Code
ARTICLE IV
Provisions Applicable to Both Planning Board and Zoning Board of Adjustment
§ 205-16 Meetings.
A.
Meetings of both the Planning Board and Board of Adjustment shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications. Both Boards may have discretion to eliminate one meeting during one summer month.
B.
Special meetings may be held at the call of the Chair or at the request of any two Board members. The members of the respective Board and the public shall be given notice of such meeting in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the respective Board.
D.
All actions shall be taken by majority vote of the members of the respective Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-70. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding the absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he/she was absent exists, and provided, further, that such Board member certifies in writing to the Board that he/she has read such transcript or listened to such recording.
E.
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 Meeting Law, the Laws of New Jersey 1975, c. 231 (N.J.S.A. 10:4-6 et seq.).
F.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal board and of the persons appearing by attorney, the action taken by the municipal 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 administrative officer. Any interested party shall have the right to compel production of the minutes for use or evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his or her use.
G.
At least once a year, each Board shall review the minutes of all closed meetings held in conformance with the Open Public Meeting Law (N.J.S.A. 10:4-6 et seq.) to determine whether the minutes may be made public.
§ 205-17 Public hearings.
A.
The Planning Board or Board of Adjustment shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan. Each Board shall make the rules governing such hearings.
B.
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 administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
C.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Board of Adjustment 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.
D.
The officer presiding at the hearings or such person as he/she 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 Municipality Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
E.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or attorney for the Board, 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.
F.
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
G.
The municipal board shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means. The municipal board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his/her expense; provided that the Borough Council may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the Borough Council pursuant to N.J.S.A. 40:55D-17 of decisions by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d up to a maximum amount as specified by the ordinance.
H.
Decisions.
(1)
The municipal board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal board on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal board voted to grant or deny approval. Only the members of the municipal board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote of any such resolution shall be deemed to be a memorialization of the action of the municipal board and not to be an action of the municipal board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section. If the municipal board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
(2)
A copy of the decision shall be mailed by the municipal board within 10 days of the date of decision to the applicant or if represented then to his/her attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal board in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his/her office during reasonable hours.
(3)
A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment as the case may be, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if applicant so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
§ 205-18 Notice of applications.
A.
Public notice of a hearing shall be given by the applicant for the following applications for development:
(1)
An application for preliminary approval of a major subdivision.
(2)
An application which requires a variance, direction for issuance of a permit or involves a conditional use, whether before the Planning Board or Board of Adjustment.
(3)
An application for preliminary approval of a site plan except where, in the opinion of the Planning Board, the proposed development is of a minor nature and located a considerable distance from the perimeter lot boundary lines, then the Planning Board may waive the requirement for public notice to all owners within 200 feet of the property.
(4)
Any request for approval of a planned development.
B.
The Secretary of the Planning Board or Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
(1)
By publication in the official newspaper of the Borough.
(2)
To all owners of real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or their agent in charge of the property or mailing a copy thereof by certified mail to the property owner at their address as shown on said current tax duplicate.
(3)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(4)
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
(5)
To the Bergen County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.
(6)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.
(7)
To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the administrative officer. Notice shall be given by personal service or certified mail.
(8)
To a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1 by 1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or 2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
C.
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.
D.
The applicant shall be responsible for giving proper notice to all property owners.
E.
The applicant shall file an affidavit of proof of service with the Planning Board or Board of Adjustment, as the case may be, at least five days prior to the scheduled meeting.
F.
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including 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 or documents for which approval is sought are available for inspection.
§ 205-19 Conditional approval.
A.
In the event that an applicant submits an application 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 or Board of Adjustment shall process such application in accordance with this chapter, and if such application complies with all Borough regulations, the Planning Board or Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this section shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
C.
In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board or Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application 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 Planning Board is prevented or relieved from so acting by the operation of law.
§ 205-20 Time extensions.
The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made in writing or verbally at a public meeting of the Board for a specific period of time and indicated in the minutes of the meeting.
§ 205-21 Expiration of variance.
[Amended 8-13-2009 by Ord. No. 2032]
Any variance from the terms of this chapter hereafter granted by either board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of the judgment or determination of the board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the board to the governing body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
§ 205-22 Appeal or petition to Board of Public Utility Commissioners.
A.
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a municipal board through said agency's exercise of its powers under this act,[1] with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body pursuant to N.J.S.A. 40:55D-17 unless such public utility so chooses. In such case appeal to the Public Utility Commissioners may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, any ordinance or regulation made under the authority of this act notwithstanding.
B.
This act or any ordinance or regulation made under authority thereof, shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service, if upon a petition of the public utility, the Board of Public Utility Commissioners shall after hearing, of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.
C.
Nothing in this act shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal board or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
§ 205-23 Application by corporation or partnership.
A.
A corporation or partnership applying to the Planning Board, the Board of Adjustment or the governing body for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more dwelling units for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation or interest of 10% or greater in a partnership, either of which is subject to disclosure pursuant to N.J.S.A. 40:55D-48.2, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or interest of 10% or greater in the partnership, as the case may be; and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion act have been listed.
D.
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning an interest of 10% or greater in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the Borough of North Arlington in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).