Pompton Lakes City Zoning Code
ARTICLE III
Administrative Procedures
§ 190-5 Adoption of rules and regulations.
Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person, upon request, and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
§ 190-6 Meetings of municipal agencies.
A.
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 shall be scheduled no less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may hold special meetings, by majority vote of the agency sitting with the required members necessary to make a quorum, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 or 40:55D-70d. Failure of a motion to receive the number of votes required to approve an application pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-70d shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for the governing body.
B.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. 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 this chapter.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of 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. 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 for this use.
§ 190-7 Hearings; filing of ordinances.
A.
Any municipal agency having proper jurisdiction shall hold a hearing on each application for development, except for concept plan review. The Planning Board shall also hold a hearing on the adoption, revision or amendment of a Master Plan. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an Official Map or a capital improvements program.
(1)
The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours, in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(2)
The officer presiding, or the attorney for the agency, at the hearing, or such person as he may designate, shall have the 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.
(3)
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4)
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence or evidence that is unreliable.
(5)
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, 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 expense. Said transcript shall be certified, in writing, by the transcriber to be accurate.
(6)
The municipal agency 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 agency 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 agency on the application for development;
(b)
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.
(c)
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.
(7)
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
(8)
A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Board Clerk, provided that nothing in this chapter shall be construed as preventing the applicant from arranging such publication if he 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.
B.
Notice of hearing on application for development or adoption of Master Plan. Notices pursuant to Subsection B(1) and (2) below shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of notices pursuant to Subsection B(1) below, 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 Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection A(1) hereinabove.
(1)
Notice of applications. Notice pursuant to Subsection B(1)(a), (b), (c), (d), (e), (f), (g) and (h) of this section shall be given by the applicant. Said notice shall be given at least 10 days prior to the date of the hearing.
(a)
Public notice of a hearing on an application for development shall be given, except for 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.
(b)
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.
(c)
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.
[Amended 9-28-2005 by Ord. No. 05-16]
(d)
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.
(e)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(f)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(g)
Notice shall be given by personal service or certified mail to the 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.
(h)
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.
(i)
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.
(2)
Notice concerning the Master Plan. The Planning Board shall give:
(a)
Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in 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.
(b)
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of 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.
(c)
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.
(3)
Effect of mailing notice. Any notice by certified mail shall be deemed complete upon mailing.
C.
Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or Official Map.
(1)
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and the adoption, revision or amendment of the municipal capital improvement program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital improvement program or any proposed revision or amendment thereto, as the case may be.
D.
Filing of ordinances.
(1)
This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board.
(2)
An Official Map shall not take effect until filed with the County Recording Officer.
(3)
Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
E.
Changes and amendments to the Zoning Map. The governing body may, from time to time, amend or change by ordinance the number, shape, area of districts and permitted uses established on the Zoning Map and the regulations set forth in this chapter in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-62.
[Added 11-23-1998 by Ord. No. 98-09]
§ 190-8 Scope of authority.
Any power expressly authorized by this chapter to be exercised by the Planning Board or the Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.
§ 190-9 Interruption 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 under this chapter or under any act repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 190-10 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or 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, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application, conditioned on removal of such legal impediment to development.
B.
In the event that a development proposed by an application for development requires an approval by 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 municipality shall make a decision on any application for development within the time period provided in this chapter or within such 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.
§ 190-11 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. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided 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 § 190-44.
§ 190-12 Application fees.
[Amended 3-24-2021 by Ord. No. 21-09]
The following schedule of fees is established for the various applications for development and other matters which are the subject of this chapter.
A.
Variances.
(1)
For proceedings governed by N.J.S.A. 40:55D-70a: $400.
(2)
For proceedings governed by N.J.S.A. 40:55D-70b: $250.
(5)
For proceedings governed by N.J.S.A. 40:55D-34: $75.
(7)
Where subdivision, site plan review or conditional use proceedings are required, the above-stated fees shall be in addition to those fees required for subdivision, site plan review or conditional use permits.
(8)
In order to qualify for the lower fees established for residential applications hereinabove, an application must be exclusively residential in character and can be only for a single use on the lot. Any application not complying with each of these conditions shall fall under the higher fee schedule.
B.
Subdivisions.
(1)
Minor and major subdivisions.
(a)
Minor subdivision: $200, plus $75 per lot.
(c)
Amendment or extension to previously granted subdivision: $200.
(d)
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.
C.
Site plans.
(1)
Minor site plan: $100.
(2)
Major site plan:
(a)
Conceptual review: 10% of the preliminary fee (to be applied to preliminary fee at time of preliminary submission).
(b)
Preliminary approval: $350, plus $10 per 100 square feet of proposed building floor area or part thereof or $20 per dwelling unit.
(c)
Final approval: $200, plus $5 per 100 square feet of proposed building floor area or part thereof or $10 per dwelling unit.
(d)
Amendment or extension to previously granted site plan: $200.
(e)
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.
D.
Conditional use applications. Applications for conditional use shall be subject to payment of a fee in the amount of $150.
E.
Zone changes. Applications or requests to consider a change in the zoning ordinance made either to the Planning Board or the Borough Council shall be subject to the payment of a fee of $500, plus an escrow deposit in the amount of $2,500.
G.
Miscellaneous fees.
(1)
Copy of a decision of the governing body to an interested party in connection with an appeal: $10.
(2)
Publication in a newspaper of a decision of the governing body on an appeal: $10.
(3)
Direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34: $75.
(4)
Direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-36: $150.
(5)
Certificates showing approval: $10.
(6)
Special meeting: $1,500.
§ 190-13 Escrow accounts and technical review fees.
[Amended 3-24-2021 by Ord. No. 21-09]
A.
Escrow deposit.
(1)
In addition to the above general nonrefundable fees, for each conceptual, preliminary or final application filed involving other than a permitted one-family dwelling unit or minor site plan, the applicant shall reimburse the municipality for all professional or technical review fees deemed necessary or desirable by the approving authority and shall establish an escrow fund with the Borough Treasurer to pay such fees or charges. The escrow fund shall be utilized to reimburse the municipality for all costs which are reasonable and related to the review of such application.
(2)
As part of the application submission, the applicant shall be required to make a deposit to the escrow account in an amount provided for in Subsection B below. All fees and escrow deposits must be paid prior to the certification of a complete application. If the amount posted is not sufficient to cover the Borough's professional charges associated with the applicant, the Board shall request additional funds.
(3)
After approval of an application and prior to the start of construction, the applicant shall be required to make a further deposit to the escrow account to provide for anticipated inspection fees and any anticipated additional professional review services in accordance with Subsection C below.
(4)
Additional escrow funds shall be required when the balance of any escrow account reaches 20% of the initial deposit. The Borough shall notify the applicant, who shall be requested to deposit up to at least 35% of the original escrow account. No further consideration, review, processing or inspection shall take place until the additional escrow has been paid.
(5)
For escrow deposits over $5,000, the procedures under N.J.S.A. 40:55D-53.1 shall prevail.
(6)
At the applicant's written request and at his cost, an account of the expenses or fees paid by him for the professional services shall be provided. Borough professionals shall submit vouchers for all services to be assessed against an escrow account.
(7)
Any unexpended moneys remaining after the completion of the project and maintenance period shall be returned to the applicant.
B.
Escrow deposits for technical review. The initial deposit of escrow funds for technical review of an application shall be as follows:
C.
Escrow deposit for inspection. Prior to the start of construction, the applicant shall post inspection funds determined as follows:
Estimated Construction Cost of Improvements (exclusive of buildings) | Fee |
|---|---|
Less than $4,000 | 12% of estimated cost |
$4,000 to $5,000 | $480, plus 11% of excess over $4,000 |
$5,000 to $10,000 | $590, plus 9% of excess over $5,000 |
$10,000 to $50,000 | $1,040, plus 8% of excess over $10,000 |
Over $50,000 | $3,400, plus 6% of excess over $50,000 |
D.
Escrow deposit for economic feasibility study. In such case where a developer submits an application for new residential construction which does not comply with the provisions of N.J.S.A. 52:27D-329.9 (a) providing for a low and moderate-income housing set aside of 20% for developments of newly constructed residential units, the developer shall deposit an initial escrow of $2,500 for the purpose of the retention of an economic feasibility study by an expert of the Borough's choosing to address the issue of economic feasibility as presented by the developer as it relates to the set aside percentage of 20%. In such case as the initial escrow is depleted by 80%, the developer shall be required to replenish the escrow to the amount of the initial deposit. The required escrow must be paid prior to certification of a complete application.
[Added 8-17-2016 by Ord. No. 2016-28]