Pompton Lakes City Zoning Code

A resolution adopted at a meeting held within the time period provided in the Act for action by the municipal agency on the application for development;

A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency 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. In the event that a voting member has read the verbatim record of previous proceedings that said member did not attend, and the member so certifies on the record that he/she has read the verbatim record, then that member may also vote on the resolution.

An action pursuant to § 190-6A of this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by written resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing written resolution. The vote on any such resolution shall be deemed to be a written memorialization of the action of the municipal agency; 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 Subsection A(7) and (8) of this section. If the municipal agency fails to adopt a resolution or memorializing written resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal 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 municipality.

Public notice of a hearing on an application for development shall be given, except for minor subdivisions, minor site plan and final approval, by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

Written notice of a hearing requiring public notice pursuant to Subsection B(1)(a) of this section shall be given individually by certified mail, return receipt requested, to the owners of record of all real property, as shown on the current tax duplicate located in the Borough office, 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 personally serving a copy thereof on the property owner, as shown on said current tax duplicate, or the agency in charge of the property or by mailing a copy thereof, by certified mail, to the property owner at his address as shown on said current tax duplicate. 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. Notice of a hearing for any development application shall be given to public utilities and cable television companies in accordance with Subsection B(1)(h) below.

Upon the written request of an applicant, an employee designated by the Mayor and Council shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(1)(b) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.

Notice of 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.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to Subsection A(1) hereinabove.

Notice for development applications pursuant to Subsection B(1)(a) above shall be given to the corporate secretary of all public utilities and the general manager of all cable television companies that own land or any facilities or that possess a right-of-way or easement within 200 feet in all directions of the property which is the subject of the hearing. In addition, similar notice is required for any development application which does not require public notice under Subsection B(1)(a) above.

The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

Notice pursuant to Subsection B(1)(d), (e), (f) and (g) of this section shall not be deemed to be required unless public notice pursuant to Subsection B(1)(a) and (b) of this section is required.

Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of hearing.

Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of the Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

Notice by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the Municipal Master Plan at least 10 days prior to the date of the hearing, such notice to include a copy of any such proposed Master Plan or any revision or amendment thereto; and notice of the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, such notice to include a copy of the Master Plan or revision or amendment thereto.

For residential: $200 plus $50 for each additional variance up to a maximum of $400 per application

For nonresidential: $200 per variance.

For residential: $750.

For nonresidential: $350.

For residential: $75.

For nonresidential: $200.

Minor subdivision: $200, plus $75 per lot.

Major subdivision:

Amendment or extension to previously granted subdivision: $200.

Where a subdivision includes other zoning or land use relief, these fees shall be cumulative and shall not exclude the paying of the fees set forth elsewhere for variances, site plan review, conditional use approval or any other land use relief.

Conceptual review: 10% of the preliminary fee (to be applied to preliminary fee at time of preliminary submission).

Preliminary approval: $350, plus $10 per 100 square feet of proposed building floor area or part thereof or $20 per dwelling unit.

Final approval: $200, plus $5 per 100 square feet of proposed building floor area or part thereof or $10 per dwelling unit.

Amendment or extension to previously granted site plan: $200.

Where a site plan includes other zoning or land use relief, these fees shall be cumulative and shall not exclude the paying of the fees set forth elsewhere for variances, subdivision review, conditional use approval or any other land use relief.

Decks, Fences and Pools: $1,000.

All other variances: $2,000.