Northfield City Zoning Code
ARTICLE III
Administrative Procedures
§ 215-6 Planning Board.
A.
Establishment.
[Amended 4-9-1996 by Ord. No. 3-1996; 3-5-2002 by Ord. No. 5-2002]
(1)
The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued, to consist of nine members of the following four classes and four alternates:
(a)
Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.
[Amended 4-24-2012 by Ord. No. 3-2012]
(b)
Class II: one of the officials of the City other than a member of the City Council to be appointed by the Mayor.
(c)
Class III: a member of the City Council to be appointed by it.
(d)
Class IV: six other citizens of the City to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Historic Preservation Commission if there be one appointed, and one may be a member of the Board of Education. For the purpose of this section, membership on a City 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.
(2)
Alternates. The Mayor shall also appoint two alternate members, who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment 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, except that the terms of the alternate members shall be such that the terms of not more than two alternate members shall expire in any one year, and provided further that in no instance shall the terms of the alternate members first appointed exceed two years.
B.
Terms.
(1)
The term of the member composing Class I shall correspond to his/her official tenure or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's 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.[1]
(2)
The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
[Amended 4-9-1996 by Ord. No. 3-1996]
(3)
The terms of all Class IV members first appointed pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment; provided, however, that no term of any member shall exceed four years; and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
(4)
The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.[2]
(5)
Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member on any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C.
Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.
D.
Vacancies. If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
E.
Removal. Any member, other than a Class I member, after a public hearing if he/she requests one, may be removed by the City Council for cause.
F.
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.
G.
Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the City Solicitor.[3]
H.
Expenses, experts and staff. The City Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed the amount appropriated by the City Council for its use, exclusive of gifts or grants.
I.
Powers and duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:
(1)
To prepare and, after public hearing, adopt or amend a Master Plan or component parts thereof, to guide the use of lands within the City in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 40:44D-59.
(3)
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4)
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5)
Prior to the adoption of a development regulation, including this chapter, revision, or amendment thereto, the Planning Board shall make and transmit to the City Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulations, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any others as the Planning Board deems appropriate. The City Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendations by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period shall relieve the City Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referring to the Planning Board. Nothing in this section shall be construed as diminishing the application of N.J.S.A. 40:55D-32 to any official map or amendment or revision thereto or of N.J.S.A. 40:55D-62a to any zoning regulation or any amendment or revision thereto.
(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 continuing planning process.
(8)
To annually review a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the City Council pursuant to the provisions of N.J.S.A. 40:55D-29.
(9)
Variances and other relief.
(a)
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
[1]
Variances pursuant to N.J.S.A. 40:55D-70(c).
[2]
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
[3]
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
(b)
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 or direction for issuance of a permit as the case may be.
(c)
Expiration of variance. Any variance hereafter granted by the Planning 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 been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within 18 months from the date of publication of the notice of the judgment or determination of the Planning 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 Planning Board to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. The Planning Board may, for good cause, extend the time period for a period not to exceed six months. In no case shall the Board grant more than two such extensions. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Planning Board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.
[Amended 10-9-2012 by Ord. No. 9-2012]
(10)
To review capital projects pursuant to N.J.S.A. 40:55D-31.
(11)
To approve planned developments in order to encourage and promote flexibility and economy in layout and design in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39, Discretionary contents of ordinance, and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45.
[Amended 10-8-1991 by Ord. No. 21-1991]
(12)
To perform such other advisory duties as are assigned to it by ordinance or resolution of the City Council for the aid and assistance of the City Council or other City bodies, agencies, or officers.
(13)
The City Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full membership of such other body.
[Amended 4-24-2012 by Ord. No. 3-2012]
J.
Citizens 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.
K.
Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
L.
Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include site plan review. The time period for approval by the Planning Board of conditional uses shall apply to such site plan review.
M.
Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and Subsection I(9) of this section, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. Application for variances, conditional uses and/or directive for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, preliminary subdivision plat, or preliminary site plan.
N.
Periodic reexamination. The City Council shall, for the extent and frequency required by law, provide for a general reexamination of the Northfield Master Plan and development regulations by the Planning Board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the Atlantic County Planning Board and the Municipal Clerks of each adjoining municipality. The reexamination report shall state:
(1)
The major problems and objectives relating to land development in the City at the time of the adoption of the last reexamination report.
(2)
The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
(3)
The extent to which there has been significant change in the assumptions, policies and objectives forming the basis for the Master Plan and development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, and changes in state, county and City policies and objectives.
(4)
The specific changes recommended for the Master Plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulation should be prepared.
O.
Exercise of powers of a Board of Adjustment.
[Added 4-9-1996 by Ord. No. 3-1996]
(1)
The City of Northfield hereby exercises the option provided by N.J.S.A. 40:55D-25C, to have the Planning Board exercise all the powers of a Board of Adjustment. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief, pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
(2)
Whenever relief is requested in a matter in which the Planning Board exercises, to the same extent and subject to the same restrictions, any of the powers and duties of a Board of Adjustment, pursuant to N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a permit, or other relief, as the case may be.
§ 215-7 Exercise of Board of Adjustment powers by Planning Board.
[Amended 4-9-1996 by Ord. No. 3-1996]
A.
The City of Northfield hereby exercises the option provided by N.J.S.A. 40:55D-25c, and accordingly, the Zoning Board of Adjustment is hereby terminated; provided, however, in accordance with N.J.S.A. 40:55D-72.1, that any application for development submitted to the Zoning Board of Adjustment pursuant to lawful authority before the effective date of this chapter may be continued at the option of the applicant, and the Board of Adjustment shall have every power which it possessed before the effective date of the ordinance in regard to the application.
B.
When necessary for the purposes of implementing this chapter and the election to have the Planning Board exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment, the term "Planning Board" shall be substituted for the term "Zoning Board of Adjustment" or equivalent in each and every instance where "Zoning Board of Adjustment" or equivalent appears in any City of Northfield ordinance, resolution, rule, regulation or amendments thereto.
C.
Where the substitution of "Planning Board" for "Zoning Board of Adjustment" or equivalent results in an apparent duplication, redundancy, or conflict in any ordinance, resolution, rule or regulation, the same shall be liberally construed and interpreted in accordance with the intent and purpose of N.J.S.A. 55D-25c as adopted herein, whereby the Planning Board replaces and to the same extent and subject to the same restrictions exercises all the powers of the Zoning Board of Adjustment.
§ 215-8 Provisions applicable to municipal agencies.
A.
Meetings.
(1)
Every municipal 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 municipal 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.
(2)
The municipal agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
(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 N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and 40:55D-17, Subsection e, 40:55D-26, Subsection a, 40:55D-26, Subsection b, and 40:55D-70, Subsection d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
(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 Law, N.J.S.A. 10:4-6 et seq.
(6)
An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
B.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, 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 (Planning Board Secretary). 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 reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his/her use.[1]
C.
Hearings.
(1)
Required hearings. The Planning Board shall hold a hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
(3)
Filing of 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 administrative officer (Planning Board Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(4)
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.
(5)
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witness.
(6)
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(7)
Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his/her expense.
(8)
Transcript charge. The municipal agency, in furnishing a transcript of the proceeding to an interested party at his/her expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4, as amended. Said transcript shall be certified in writing by the transcriber to be accurate.[2]
(9)
Voting eligibility. A member or alternate member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such board member or alternate member has available to him or her the transcript or recordings of all of the hearings from which he or she was absent, and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.
D.
Notice requirements for hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:
(1)
Public notice of a hearing on an application for development shall be given for all of the following:
(2)
Public notice shall be given by publication in the official newspaper of the City, if there be one, or in a newspaper of general circulation in the City.
(3)
Notice of a hearing requiring public notice pursuant to Subsection D(1) shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located 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 owner as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return is not required.
(a)
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)
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, which notice shall be in addition to the notice required to be given pursuant to Subsection D(3) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice of a hearing on all applications 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 shall be given by personal service or certified mail to the County Planning Board.
(6)
Notice of a hearing on any application for development of property adjacent to a state highway shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation.
(7)
Notice of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units 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. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to N.J.S.A. 40:55D-10b.
(8)
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and Subsection D of this section.
(9)
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(10)
Form of notice. 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 City Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
(12)
List of property owners furnished. Upon the written request of an applicant, the administrative officer (Tax Assessor) shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D(3) 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 $0.25 per name, or $10, whichever is greater, shall be charged for such list.
E.
Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.
(1)
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable time period for taking on the application for development; or
(b)
A resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.
(2)
Where the agency fails to adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the agency 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 City.
(3)
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion to approve an application pursuant to Subsection A(4) of this section, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.
(4)
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency.
(b)
The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailing, filings, and publications required.
(5)
Copies of the decision shall be distributed by the administrative officer (Planning Board Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge.
(b)
A copy shall be filed in the office of the administrative officer and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.
(6)
A brief notice of the decision shall be published in the official newspaper(s) of the City.
(a)
Such publication shall be arranged and proof of publication shall be obtained by the administrative officer (Planning Board Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
(b)
Such notice shall be published within 30 days of the date of decision, or 20 days of the date of mailing of a copy of the decision of the administrative officer (Planning Board Secretary), whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.
F.
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 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 municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
(2)
In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
(3)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(4)
The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.
(5)
In all cases, the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.
G.
Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, 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 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 or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
H.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, 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 the 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 City will be adequately protected.
I.
Appeals. Any interested party may appeal the decision of the Planning Board granting final approval to an application for development pursuant to N.J.S.A. 40:55D-70d to a court of competent jurisdiction. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
J.
Time for decision. After the date on which an appeal is taken from the decision of a municipal officer or a complete application for development is submitted to the administrative officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application involved, the longer time period shall apply.
Type of Application | Time Period (days) | |||
|---|---|---|---|---|
Site plans | ||||
Minor | 45 | |||
Preliminary approval (10 acres or less, 10 units or less) | 45 | |||
Preliminary approval (more than 10 acres or 10 units) | 95 | |||
Final approval | 45 | |||
Subdivisions | ||||
Minor | 45 | |||
Preliminary approval (10 lots or less) | 45 | |||
Preliminary approval (more than 10 lots) | 95 | |||
Final approval | 45 | |||
Conditional use authorization | 95 | |||
Variance | 120 | |||
Appeal from the decision of a municipal officer | 120 | |||
Direction for issuance of a building permit | 120 | |||
K.
Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection J above.
§ 215-9 Certificates and permits.
[Amended 7-15-2025 by Ord. No. 9-2025]
A.
Development permit.
(1)
Development permits shall hereafter be secured from the administrative officer (Zoning Officer) prior to:
(a)
Filing of (or recording a deed of) or resubdivision of any land.
(b)
Application for and/or issuance of any building permit.
(c)
The erection, construction, alteration, repair, remodeling, conversion, moving, removal or destruction of any building or structure.
(d)
Application for and/or issuance of any permit for a new or expanded or relocated sign.
(e)
Application for and/or issuance of any permit for erection of a fence in conjunction with any non-farm use.
(f)
Any change in use or occupancy (as herein defined) of any building, structure or land.
(g)
Any alteration exceeding 1,000 square feet in the natural condition of any undeveloped parcel of land, including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided.
(h)
Any use of any portion of any parcel of land for any activity regulated by this chapter.
(i)
The construction of any site improvement either above or below ground.
(j)
The issuance of any certificate of occupancy where no building permit was previously required.
(k)
The excavation, removal, or addition of soil or fill exceeding 10 cubic yards to or from any site.
(l)
Establishment of a home occupation.
(m)
Establishment of a group family home.
(2)
Prior to issuance of a development permit, the applicant shall have secured, where applicable, other required permits, including, but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Atlantic County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d)
Coastal Area Facilities Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental Protection.
(f)
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g)
Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
(h)
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(i)
Land disturbance permit from the Cape Atlantic Area Conservation District.
(3)
Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any municipal agency approval.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative officer (Zoning Officer) for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
(2)
The administrative officer (Zoning Officer) shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3)
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the City a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
(4)
The administrative officer (Zoning Officer) shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15 in accordance with § 215-17. The fees so collected by such official shall be paid to the City.
(5)
Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the City pursuant to the provisions of N.J.S.A. 40:55D-55.
(6)
Any such application addressed to the City Clerk shall be deemed to be addressed to the proper designated officer and the City shall be bound thereby to the same extent as though the same was addressed to the designated official.
(7)
Every certificate issued shall also state on its face, in bold type, that:
"THIS CERTIFICATE IS SUBJECT TO CHANGES IN THE NORTHFIELD CITY LAND USE AND DEVELOPMENT ORDINANCE AS PROVIDED IN § 215-14 OF SAID ORDINANCE. | |
THIS CERTIFICATE DOES NOT SIGNIFY CONSTRUCTION CODE REVIEW OR BUILDING APPROVAL AND DOES NOT CONSTITUTE AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. | |
BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. | |
THIS CERTIFICATE DOES NOT SUBSTITUTE FOR A BUILDING PERMIT, MERCANTILE LICENSE, CERTIFICATE OF OCCUPANCY OR ANY ADDITIONAL LOCAL, STATE OR FEDERAL PERMITS WHICH MAY BE REQUIRED." |
C.
Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Cape Atlantic Area Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use.
D.
Building permit. No building or structure shall be erected, restored, added to, or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
E.
Location survey. A location survey drawn by a licensed professional land surveyor shall be furnished to the Construction Official no later than the time of completion of the foundation of any structure being erected as proof that the location of such structure being erected conforms to the approved site plan or the building line requirements of this chapter of exempted site plan approval.
F.
Certificate of occupancy.
(1)
Development permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.
(2)
New uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.
(a)
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.
(3)
Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant, or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(4)
Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) of a nonresidential building, structure and/or land, a new certificate of occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. The Construction Official may issue that such change in occupancy or use is not a "change in use" as herein defined and determines, therefore, that a development permit is not required, provided that the applicant has met the requirements of the applicable regulations.
(5)
Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(6)
Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.
§ 215-10 Records.
A.
It shall be the duty of the administrative officer (Planning Board Secretary and Zoning Officer) to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued, together with a notation of all special conditions involved. He/She shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the City Council and of other officials of the City.
B.
The administrative officer (Planning Board Secretary and Zoning Officer) shall prepare a monthly report for the City, summarizing for a period since the last previous report all development permits issued and all complaints of violations and the action consequently taken thereon. A copy of each such report shall be filed with the City Clerk, Tax Assessor, Planning Board, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the City Council.
§ 215-11 Enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the administrative officer (Zoning Officer), who shall have such powers as are conferred by this chapter, and as reasonably may be implied. The administrative officer (Zoning Officer) shall be appointed by the Mayor. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the administrative officer (Zoning Officer) to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and the officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties.
§ 215-12 Interpretation.
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the City. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standard shall govern.[1]
§ 215-13 Violations and penalties.
A.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to one or more of the following: a fine of not more than $2,000, imprisonment for a term not exceeding 90 days, or a period of community service not to exceed 90 days, except that failure to remove political signs after three days shall be in accordance with § 215-114F(17) of this chapter.[1]
B.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000 and each lot so dispositioned may be deemed a separate violation.
(2)
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
C.
If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the municipal agency or the City Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
D.
If the developer or agent of the developer shall, after notification by certified mail from the City Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, continue to carry on the activities specifically included in the cessation order(s) from the City Engineer, then any such developer or agent of such developer shall be subject to the penalties in Subsection A of this § 215-13. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the City Engineer shall be considered a separate and specific violation.[2]
§ 215-14 Amendments.
All amendments to this chapter and to the Zoning Map and schedule, which form a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The Map and Schedule of Area, Yard and Building Requirements may be amended and supplemented by description and reference thereto, without republication of the entire Zoning Map or detailed text of the schedule.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices; the Schedule of Yard, Area and Building Requirements is included at the end of this chapter. Original Section 3.11 of the 1986 Zoning Ordinance, Validity of ordinance, which followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 215-15 Effect of pending and new applications.
A.
After the effective date of the ordinance adopting this chapter, all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of any application for development, the administrative officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the submission. If a developer is notified that an application for development is incomplete, the administrative officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
B.
All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:
(1)
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2)
If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
(3)
All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
§ 215-16 Filing of regulations and amendments with County Planning Board.
Upon adoption of this chapter or other development regulations, except for an Official Map, and any amendments thereto, the City Clerk shall file a copy of this chapter and any amendments thereto with the Atlantic County Planning Board as required by N.J.S.A. 40:55D-16. Development regulations, except for an Official Map, shall not take effect until a copy thereof shall be filed with the Atlantic County Planning Board. A land use and development (zoning) ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designated to effectuate the land use required by N.J.S.A. 40:55D-62 shall be filed with the Atlantic County Planning Board. An Official Map shall not take effect until filed with the county recording Officer. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the City Clerk.
§ 215-17 Fees.
[Amended 10-8-1991 by Ord. No. 21-1991; 4-24-2001 by Ord. No. 8-2001]
A.
The developer shall, at the time of filing an application, pay a nonrefundable fee to the City of Northfield by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the City Council on file in the City Clerk's office. The fee to be paid shall be the sum of fees for the component elements of the plat or plan. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element, except in cases where a preliminary and final application is applied for and decided by the Planning Board at the same time, in which case the greater of the two fees shall be paid. Additional fees may be assessed for extraordinary review costs not otherwise covered herein.
[Amended 10-9-2012 by Ord. No. 9-2012]
B.
In addition to the required review fees set forth in Subsection B(21) (unless otherwise specifically excepted), all fees shall be calculated as follows:
(4)
Site plan application, major and minor:
(a)
Each informal review: $250, plus $5 for each 100 square feet of building area up to 2,000 square feet and $2.50 for each additional 200 square feet or fraction thereof.
(b)
Preliminary application fee, nonresidential: $500, plus $50 for building area up to 2,000 square feet, and $25 for each additional 200 square feet or fraction thereof.
(c)
Final application fee: $500.
(5)
Appeals from the decision of an administrative officer pursuant to N.J.S.A. 40:55D-70a: $500 for nonresidential, and $250 for residential.
(6)
Request for interpretation pursuant to N.J.S.A. 40:55D-70b: $250. If the interpretation request is accompanied by a variance request, the fee for the variance shall apply.
(7)
Request for variance pursuant to N.J.S.A. 40:55D-70c: $300 for one variance; $100 for each additional; $75 for each lot subject to the variance.
(8)
Request for variance pursuant to N.J.S.A. 40:55D-70d: $1,000; $200 for each additional; $150 for each lot subject to the variance.
(9)
Conditional uses: $500.
(10)
Environmental impact report (EIR). For those development applications which require review of an EIR pursuant to § 215-94: $500 in addition to professional escrow fee.
(11)
Publication fee: $50.
(12)
Waiver of site plan fee: $500.
(13)
Continuance (unless at the direction of the Board), in addition to other applicable fees: $250 for each continuance.
(14)
Request for extension of time within which any variance must be exercised (per request): $250.
(16)
Withdrawal of any other application more than 10 days before the scheduled hearing date (not including the date of hearing): $100; if within 10 days, but more than 24 hours prior to the scheduled hearing (not counting the date of the hearing): $100.
(17)
All fees previously deposited for withdrawn applications shall not be refunded unless the withdrawal is properly made more than 24 hours prior to the hearing (not counting the date of the hearing). Professional review fees are not subject to refund pursuant to this subsection but are subject to the subsections specially relating thereto.
(18)
All other applications not specifically mentioned herein: $500 for commercial applications, and $250 for noncommercial applications.
(21)
Professional review costs.
(a)
Professional review costs for planner, engineer, attorney, or other professional retained on behalf of the City of Northfield for the purpose of reviewing, analyzing, inspecting, research, or preparation of documents. The applicant shall be responsible for payment of all such costs incurred. The applicant shall, at the time of filing an application, be required to post the following minimum amounts:
[1]
Request for interpretation pursuant to N.J.S.A. 40:55D-70b: $250. If the interpretation request is accompanied by a variance request, the review fee for the variance shall apply.
[2]
Minor subdivision application involving no variances or exceptions, including any application for waiver of site plan approval: $500.
[3]
Appeals from the decision of an administrative officer pursuant to N.J.S.A. 40:55D-70a: $500.
[4]
Request for a variance pursuant to N.J.S.A. 40:55D-70c: $500.
[5]
Request for a variance pursuant to N.J.S.A. 40:55D-70d: $1,000.
[6]
All other noncommercial applications: $250.
[7]
All other commercial applications: $500.
(b)
Review fees shall be held and disbursed according to the law by the City Treasurer at the direction of the Planning Board Secretary. An accounting shall be kept of each applicant's deposit, and professional fees shall be paid from the account and charged to the applicant. Any monies not expended for professional services shall be returned to the applicant upon final approval, denial or withdrawal of the application. If, at any time during the procedure, the monies posted shall have been expended, the applicant shall be required to post such additional sums not to exceed the amount of the initial payment for each replenishment.
(c)
The applicant shall not be entitled to proceed with the application until such time as the necessary monies have been posted to guarantee payment of professional service fees.
(22)
Bonding and inspection fees for off-site public improvements. When any development proposal approved by the municipal agency includes the construction of off-site public improvements, the developer, owner, or applicant shall submit a performance bond in the amount of 120% of the estimated construction cost and pay to the City of Northfield, prior to the issuance of any development permit or the start of construction, inspection fees equal to 5% of the bond amount. Note: The minimum inspection fee shall be $250.
(23)
Bonding and inspection fees for a major subdivision.
(a)
A required performance bond in the amount of 120% of the estimated construction cost and inspection fees equal to 5% of the bond amount shall be submitted and paid prior to the issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such bonding and fees shall be paid for the lots in the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval in accordance with the following:
(b)
In the event the developer does not continue to retain a supervising engineer throughout construction or the supervising engineer does not properly perform the duties set forth in this chapter, the developer shall be required to pay an amount equal to the difference in the above two schedules prior to issuance of a certificate of occupancy of acceptance of improvements.
(24)
Inspection fees for minor and major site plans.
(a)
A required performance bond in the amount of 120% of the estimated construction cost and inspection fees equal to 5% of the bond amount shall be submitted and paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval in accordance with the following:
(b)
In the event the developer does not continue to retain a supervising engineer throughout construction or the supervising engineer does not properly perform the duties set forth in this chapter, the developer shall be required to pay an amount equal to the difference in the above two schedules prior to issuance of a certificate of occupancy.
(25)
Tax map revision fees. A fee of $100 or $10 per lot, whichever is greater, shall be charged for minor subdivisions and final plats of major subdivisions to cover the cost of the City Clerk obtaining a reproducible original of the filed map and providing for revisions of the City tax maps.
(26)
Revised plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:
(a)
Where changes in the plat are requested by the Planning Board or City Engineer, no fees need to be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.
(b)
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of $150 will be required, along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
(c)
Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board approval, which involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to 1/2 the fee required for the initial submission, based on the current fee schedule, will be required, along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
(d)
Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Planning Board, it shall be considered a new application and shall require the full payment of fees as set forth herein.
(e)
Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.
(27)
Request for reapproval or extension of time. The fee shall be equal to 1/4 the fee required for the initial submission based on the current fee schedule.
(28)
Certificate as to approval of subdivision of land: $175.
(29)
Certificate as to nonconforming use: $175.
(30)
Application for approval of general development plan: $2,500.