Wayne City Zoning Code
ARTICLE II
Development Administration, Organization and Procedures
§ 134-6.1 Establishment.
Pursuant to the provision of N.J.S.A. 40:55D-1 et seq., a Planning Board of nine (9) members, as heretofore created, is hereby continued.
§ 134-6.2 Membership.
The nine members of the Planning Board shall consist of and be divided into the following four classes:
Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.
Class II. One of the officials of the Township other than a member of the Township Council to be appointed by the Mayor; provided that the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
Class III. A member of the Township Council to be appointed by it.
Class IV. Six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office except that one member may be a member of the Zoning Board of Adjustment and one (1) member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and the Environmental Commission shall be deemed a Class II member of the Planning Board.
§ 134-6.3 Alternate Members.
There is hereby provided, pursuant to the Municipal Land Use Law, in the Township of Wayne, two (2) alternate members to the Wayne Township Planning Board as follows:
A.
Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members.
B.
The alternates appointed shall be specifically designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
C.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence of disqualification of a regular member of 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.
§ 134-6.4 Terms of office; vacancies.
A.
The term of the member composing Class I shall correspond to official tenure. If the Mayor designates a person to sit in the absence of the Mayor, that person shall serve at the pleasure of the Mayor.
B.
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 except for a Class II member who is also a member of the Environmental Commission.
C.
The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.
D.
The term of a Class IV member who is also a member of the Zoning Board of Adjustment, or Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.
E.
The terms of all Class IV members first appointed pursuant to this section shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly 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 terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms 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.
F.
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. The terms shall be deemed to commence on January 1 of the year of the appointment.
G.
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided above, for the unexpired term.
§ 134-6.5 Removal for cause.
Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Township Council for cause.
§ 134-6.6 Attorney to the Planning Board.
There shall be an office of Attorney to the Planning Board. The Attorney to the Planning Board shall be an attorney other than the Township Attorney and shall be appointed by the Planning Board for a term of one year commencing January 1. Appointment to such office made after January 1 of any year shall be limited to the calendar year, and such term shall terminate on December 31 of the year of appointment. The Attorney to the Board shall receive such compensation as may be fixed by such Board, subject to the approval of the Council.
§ 134-6.7 Employment of experts and staff.
The Planning Board may employ, or contract for, and fix the compensation of experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
§ 134-6.8 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 a member of the Planning Board or a Township employee designated by the Board.
§ 134-6.9 Rules and regulations.
The 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 134-7 Powers and duties.
The powers of the Planning Board shall be in accordance with N.J.S.A. 40:55D-25 as follows:
A.
In accordance with the provisions of N.J.S.A. 40:55D-28, to make and adopt and from time to time amend a Master Plan for the physical development of the Township including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Township.
B.
To review, at least once every six years, the Master Plan and the development regulations of the Township as directed by the Township Council.
C.
To administer the provisions of the Township's Land Development Ordinance in accordance with the provisions of that chapter and the applicable provisions of the Municipal Land Use Law N.J.S.A. 40:55D-l et seq.
D.
To review and make recommendations to the Township Council on the Official Map of the Township pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
E.
To approve conditional use applications in accordance with the provisions of the Land Development Ordinance pursuant to N.J.S.A. 40:55D-67.
F.
When reviewing an application for approval of a subdivision plat, site plan or conditional use:
(1)
Grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances pursuant to N.J.S.A. 40:55D-70(c);
(2)
Pursuant to N.J.S.A. 40:55D-34, direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;
(3)
Pursuant to N.J.S.A. 40:55D-36, direct the issuance of a permit for a building or structure not related to a street;
(4)
Whenever relief is requested pursuant to this paragraph F, 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.
G.
When requested by the Township Council, to prepare annually a program of municipal capital improvement projects projected over a term of six years and amendments thereto, and recommend same to the Township Council.
H.
To consider and make a report to the Township Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a) and/or N.J.S.A. 40:55D-64, and also pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to N.J.S.A. 40:55D-26(b).
I.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
J.
To assemble data on a continuing basis as part of a continuing planning process.
K.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies and offices of the Township.
§ 134-8.1 Establishment.
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., a Zoning Board of Adjustment, also hereinafter referred to as the Zoning Board of Adjustment, as heretofore created, is hereby continued.
§ 134-8.2 Membership.
[Ord. No. 3-2018]
The Zoning Board of Adjustment shall be appointed by the Township Council and consist of seven regular members and up to three alternate members. Alternate members shall be designated by the Chairman as "Alternate No. 1," "Alternate No. 2," and "Alternate No. 3" and shall serve in respective order during the absence, recusal or disqualification of any regular member or members.
§ 134-8.3 Term of office.
[Ord. No. 3-2018]
A.
The terms of the regular members shall be for four years commencing January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years. Thereafter the term of each member shall be for four years. Nothing in this section shall, however, be construed to affect to the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
B.
The term of the alternate member shall be for two years commencing January 1 of the year of their appointment.
C.
No member or alternate member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
D.
Alternate members may participate in discussions of the proceeding but may not vote except in the absence, recusal or disqualification of any regular member or members. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
[Ord. No. 3-2018]
§ 134-8.4 Vacancies.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
§ 134-8.5 Removal for cause.
A member may, after public hearing if the member requests it, be removed by the Township Council for cause.
§ 134-8.6 Attorney to the Zoning Board of Adjustment.
There shall be an office of Attorney to the Zoning Board of Adjustment. The Attorney to the Zoning Board of Adjustment shall be an attorney, other than the Township Attorney, whose term of office shall be for one (1) year commencing January 1. Appointment to this office made after January 1 shall be limited to the calendar year. The Board may pay such compensation as may be fixed by such Board, subject to the approval of the Council.
§ 134-8.7 Employment of experts and staff.
The Zoning Board of Adjustment may employ, or contract for, and fix the compensation of experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
§ 134-8.8 Organization of board.
The Zoning Board of Adjustment shall elect a Chairman and Vice-Chairman from its members at its annual organizational meeting and select a Secretary who may or may not be a member of the Zoning Board of Adjustment or a Township employee.
§ 134-8.9 Rules and regulations.
The 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 134-8.10 Powers and duties.
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 as follows:
A.
Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of the zoning ordinances.
B.
Hear and decide requests for interpretation of the Zoning Map, or ordinance, or for decisions upon other special questions upon which board is authorized to pass by any Zoning or Official Map ordinance in accordance with statute.
C.
(1)
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties, to, or exceptional and undue hardship upon, the developer of such property, grant upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
(2)
Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations in Articles 8 of the Municipal Land Use Law N.J.S.A 40:55D-1 et seq.; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided no variance from those departures enumerated in Subsection 134-8.10D of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the planning board of a subdivision, site plan or conditional use in conjunction with which the planning board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a;
D.
In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations to permit (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-57 pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph D of this section, the decision on the requested variance or variances shall be rendered under paragraph C of this section.
E.
In addition to the powers specified above, the Zoning Board of Adjustment shall have the power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or drainage way, flood control basin or public area reserved on the Official Map, but only by an affirmative vote of a majority of the authorized membership of the Board.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
F.
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70(d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. 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 zoning plan and zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law for the approval in question and the special vote pursuant to the aforesaid N.J.S.A. 40:55D-70(d) shall not be required.
G.
Whenever an application for a development requests relief pursuant to this subsection, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as other wise provided in these ordinances. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Zoning Board of Adjustment to act shall be issued upon request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for the purpose of filing subdivision plats.
Whenever review or approval of the application to the County Planning Board is required by Section of P.L. 1968, c. 285 (N.J.S.A. 27-6.3). In the case of a subdivision or Section 8 of P. 1968. c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan. The Zoning Board of Adjustment 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.
H.
Refer an application under this section to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
§ 134-8.11 Variance or relief for public good.
No variance or other relief may be granted under the terms of § 134-8.9 unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.
§ 134-8.12 Time limitations of variances.
A.
Any variance from the terms of the zoning ordinance hereafter granted by the Zoning Board of Adjustment permitting the use, erection or alteration of any structure or structures, shall expire by limitation unless an appropriate construction permit is taken out within one year of the date of publication of the notice of the judgment or determination of the Zoning Board of Adjustment.
B.
The running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment to the Township Council or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding; except further, in the case of a variance which also involves a subdivision or site plan approval, the variance shall extend for the full period of preliminary or final approval or any extension thereof pursuant to the Municipal Land Use Law. In the case of a bifurcated use variance application, the variance shall expire within one year from the Notice of Decision unless a complete application has been filed with the Administrative Officer within that time.
C.
The applicant may apply for and the Zoning Board of Adjustment may grant extensions on such variances for additional periods of at least one year but not to exceed a total extension of two years.
§ 134-8.13 Appeals and application to board.
A.
Appeal. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the Township based on or made in the enforcement of the zoning ordinance or Official Map. Such appeal shall be taken, within 20 days by filing a notice of appeal with the officer from whom the appeal is taken together with three copies of said notice, with the Administrative Officer to the Zoning Board of Adjustment, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.
B.
Application for development. A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to an Administrative Officer for a zoning permit.
C.
Time for decision.
(1)
The Zoning Board of Adjustment shall render its decision not later than 120 days after the date: (i) an appeal is taken from the decision of an Administrative Officer, or (ii) the submission of a complete application for development to the Zoning Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-72b.
(2)
Failure of the Board to render a decision within such 120 days or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
D.
Modification on appeal. The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the Administrative Officer from whom the appeal is taken.
E.
Stay of proceedings by appeal; exception. An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the office from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not by stayed other than by an order of the superior court upon notice to the officer from whom the appeal is taken and on due cause shown.
§ 134-9.1 Disqualification for interest.
No member or alternate member of the Planning Board or Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from action on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion relating thereto.
§ 134-9.2 Meetings.
A.
Regular meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process or lack of a quorum.
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public, in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by a majority vote of the members present at the meeting except as otherwise provided by any provision of the Municipal Land Use Law.
E.
A member of the Planning Board or Zoning Board of Adjustment who is 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 absence from one or more meetings; provided, however, that such member has available to him the transcript or recording of all the hearings from which he was absent and certifies in writing to the respective Board that he has read the transcript or listened to such recording.
F.
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 Act, c. 231, P.L. 1976. An executive session for the purpose of discussing and studying any matters to come before either Board shall be deemed a regular or special meeting in accordance with the provision of N.J.S.A. 40:55D-9.
§ 134-9.3 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and 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 Planning Department. An interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party shall be charged a fee for reproduction of the minutes for his use as provided for in the Code of the Township of Wayne.
§ 134-9.4 Hearings; witnesses; evidence; decisions.
The appropriate municipal agency shall hold a hearing on each application for development and/or adoption, revision or amendment of the Master Plan; and the municipal agency shall make the rules governing such hearings, consistent with N.J.S.A. 40:55D-10.
A.
Any maps or documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
B.
The officer presiding 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, pursuant to statute N.J.S.A. 2A:67A-1 et seq.
C.
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 attorney, 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.
D.
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, upon payment of the fees set forth in Article II of this chapter.
E.
Technical rules of evidence shall not be applicable to the hearing but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
§ 134-9.5 Decisions.
A.
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.
B.
Failure of a motion to approve an application for development to receive the number of votes required for approval, shall be deemed an action denying the application.
C.
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
D.
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by the vote of a majority of the members of the municipal agency who voted for the action previously taken and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the 45 day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
E.
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by Subsection 134-9.6 below.
F.
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or his attorney, without separate charge, and to all who request a copy of the decision at the fee prescribed in Subsection D above. A copy of the decision shall also be filed by the municipal agency in the office of the Administrative Officer, planner and Zoning Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for the prescribed fee and the decision shall be available for public inspection at the office of the Administrative Officer during the normal business day.
§ 134-9.6 Publication of decision.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be. A reasonable charge may be made to the applicant for such publication. Said notice shall be sent to the official newspaper for publication within 10 days of the date of such decision. Nothing herein shall prevent the applicant from arranging such publication, however, if he so desires.
§ 134-9.7 Notice of application for development.
Whenever a hearing is required on any application for development, pursuant to N.J.S.A. 40:55D-10 et seq., notice thereof shall be given as follows:
A.
The Secretary of the Board (or the Township Clerk in the case of a soil removal application) shall arrange for public notice to be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
(1)
Developments. Public notice of hearing on an application for development shall be given except for minor subdivisions as defined by this chapter, final subdivision plat approvals and conventional site plan review for applications involving less than two acres of land, provided that any such application proposes less than 10 dwelling units or 2,000 square feet of building or structure.
(2)
Ancillary powers. Public notice of a hearing shall also be given in the event that relief is requested pursuant to the ancillary powers of the Planning Board as described in N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development otherwise excepted herein from public notice.
B.
Other notice required: For all development applications except those involving a minor site plan, minor subdivision or final approval of a major site plan or subdivision, notice shall be given by the applicant at least 10 days prior to the date of the hearing as follows:
(1)
Nearby property owners. Notice of a hearing shall be given by an applicant for development to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of the hearing, (whether within or outside the Township), provided that this requirement shall be deemed satisfied by notice to the (1) condominium association in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case or any co-owner whose apartment has an apartment above or below it. Notice shall be given by:
(2)
Partnerships and corporations. 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, 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 home owners 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.
(3)
Adjoining municipalities. 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.
(4)
County lands. 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.
(5)
State highways. Notice shall be given by personal service or certified mail to the Commissioner of Transportation for a hearing on an application for development of property adjacent to a state highway.
(6)
Over 150 acres or 500 dwelling units. Notice of a 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 New Jersey Office of State Planning (OSP). Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer.
C.
Notice to public utilities, cable TV company and local utilities. Notice to public utilities, cable TV company and local utilities who have previously registered with the Township in accordance with N.J.S.A. 40:55D-12.1 shall be given in accordance with N.J.S.A. 40:55D-12i.
D.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the developer shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
E.
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
F.
All notice 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; 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 rolls in the Township Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available as required by law.
§ 134-9.8 List of property owners furnished.
Upon the written request of an applicant, the Tax Assessor shall, within 7 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 134-9.7 of this section. In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than 7 days prior to the date on which the application requested the list, have registered to receive notice pursuant to subsection 134-9.7C 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 or to any public utility, cable television company, or local utility 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, shall be charged for such list and shall be received prior to release of such list.
§ 134-9.9 Notice regarding Master Plan.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on 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:
(1)
All hearings on the adoption, revision or amendment of the Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed Master Plan, or any revision or amendment thereto; and
(2)
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 shall include a copy of the Master Plan or revision or amendment thereto.
§ 134-9.10 Notice of hearing on ordinance or Capital Improvement Program.
Notice of action on capital improvement or Official Map shall be made as follows:
A.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revisions 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.
B.
Notice by personal service or certified mail shall be made to the County Planning Board of:
(1)
All hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing; and
(2)
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, re vision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital program, or any proposed revision or amendment thereto as the case may be.
§ 134-9.11 Payment of taxes.
Every application for development submitted to the Planning Board or the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application. If it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the make of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 134-9.12 Inspections of required improvements.
[Added 12-7-2022 by Ord. No. 49-2022]
Inspections shall not relieve the applicant from the obligation to perform work strictly in accordance with the approved plans and specifications or from the obligation to perform work in a workmanlike manner using first-class materials until such time as the Township Council shall accept the construction and installation of any improvement by resolution.
Fees for inspections of required improvements shall be as provided in Section 134-10.5.
§ 134-10 Development fees.
[Amended 12-7-2022 by Ord. No. 49-2022]
§ 134-10.1 Application Fees.
[Ord. No. 6-2012; Ord. No. 48-2012; Ord. No. 4-2013; Ord. No. 5-2018 § 2; amended 5-20-2020 by Ord. No. 17-2020; Ord. No. 28-2021; Ord. No. 29-2021; 12-7-2022 by Ord. No. 49-2022; 10-16-2024 by Ord. No. 59-2024; 6-4-2025 by Ord. No. 36-2025]
At the time of filing of an application for development, the applicant shall pay the following nonrefundable application fees payable to the "Township of Wayne" by cash, personal check, certified check, or bank money order. Applications for development requiring a combination of requests shall pay a fee equal to the sum of the fee for each element. The exception to this is that any case involving multiple bulk variances shall pay only one bulk variance fee. Remitted fees for informal review of a concept plan shall be a credit toward fees for review of the application for development pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-10.1.
Nonprofit organizations and places of worship may make a request to the Township Council for the waiving of the application fee requirements pursuant to this section. Waiver of fees shall not apply to required escrow deposit funds.
No fee or escrow deposit shall be charged in the case of an application for development for a firehouse or first aid building.
Fee | Escrow | |||
|---|---|---|---|---|
A. | Subdivisions | |||
(1) | Concept (N.J.S.A. 40:55D-10.1) | $250 | $0 | |
The amount shall be credited toward fees for the review of the application for development. | ||||
(2) | Minor subdivision | $450 | $1,000 | |
Lot line adjustment(s) or up to three (3) building lots being created: | ||||
(3) | Amended minor subdivision | $250 | $1,000 | |
(4) | *Preliminary major subdivision | |||
2-10 lots | $2,150 | $4,000 | ||
11-20 lots | $2,500 | $4,500 | ||
21-30 lots | $3,000 | $5,000 | ||
31 or more lots | $3,500 | $7,000 | ||
(5) | Final major subdivision | |||
2-10 lots | $2,000 | $2,500 | ||
11-20 lots | $2,150 | $3,000 | ||
21-30 lots | $2,500 | $3,500 | ||
31 or more lots | $3,000 | $4,000 | ||
(6) | Preliminary and final (simultaneous) | |||
2-10 lots | $2,500 | $5,000 | ||
11-20 lots | $3,000 | $5,500 | ||
21-30 lots | $3,500 | $6,000 | ||
31 or more lots | $4,000 | $8,000 | ||
(7) | Amended preliminary and/or final subdivision | $650 | $2,000 | |
(8) | Modification of a condition to a prior approval where notice is not required pursuant to N.J.S.A. 40:55D-12.a | $500 | $375 | |
(9) | Modification of a condition to a prior approval where notice is required pursuant to N.J.S.A. 40:55D-12.a | $650 | $375 | |
B. | Site Plans | |||
(1) | Concept (N.J.S.A. 40:55D-10.1) | $250 | $0 | |
The amount shall be credited toward fees for the review of the application for development | ||||
(2) | Minor site plan | $1,000 | $3,000 | |
(3) | Preliminary site plan | |||
(a) 0 sf to 20,000 sf new construction | $1,500 | $4,000 | ||
(b) 20,001 sf to 50,000 sf new construction | $2,000 | $4,000 | ||
(c) 50,001 sf to 100,000 sf new construction | $3,000 | $5,000 | ||
(d) 100,001 sf to 150,000 sf new construction | $5,000 | $5,500 | ||
(e) 150,001 sf to 200,000 sf new construction | $8,000 | $5,500 | ||
(f) 250,001 sf or more of new construction | $20,000 | $5,500 | ||
(4) | Final site plan | |||
(a) 0 sf to 20,000 sf new construction+ | $900 | $2,000 | ||
(b) 20,001 sf to 50,000 sf new construction+ | $1,750 | $2,000 | ||
(c) 50,001 sf to 100,000 sf new construction+ | $3,000 | $2,000 | ||
(d) 100,001 sf to 150,000 sf new construction+ | $4,750 | $2,000 | ||
(e) 150,001 sf to 200,000 sf new construction+ | $7,000 | $2,000 | ||
(f) 250,001 sf or more of new construction+ | $19,500 | $2,000 | ||
+Based on the square footage approved in the preliminary plan for which the application is a final application. | ||||
(5) | Combined Preliminary and Final Site Plan | |||
(a) 0 sf to 20,000 sf new construction | $2,000 | $5,000 | ||
(b) 20,001 sf to 50,000 sf new construction | $3,000 | $5,000 | ||
(c) 50,001 sf to 100,000 sf new construction | $5,500 | $6,000 | ||
(d) 100,001 sf to 150,000 sf new construction | $8,550 | $6,500 | ||
(e) 150,001 sf to 200,000 sf new construction | $14,000 | $6,500 | ||
(f) 250,001 sf or more of new construction | $30,000 | $6,500 | ||
(6) | Wireless communications facilities whether minor or major site plan | $1,650 | $2,000 | |
(7) | Amended major site plan (Preliminary and/or final) | $650 | $2,000 | |
(8) | Amended minor site plan | $500 | $1,500 | |
(9) | Modification of a condition to a prior approval where notice is not required pursuant to N.J.S.A. 40:55D-12.a | $250 | $375 | |
(10) | Modification of a condition to a prior approval where notice is required pursuant to N.J.S.A. 40:55D-12.a | $500 | $375 | |
(11) | *Multi-family with 3 or more units: preliminary | $100 per dwelling unit plus $150 public hearing fee | $5,000 | |
(12) | Multi-family with 3 or more units: final | $50 per dwelling unit, plus $46 per dwelling unit (for engineering fee) | $5,000 | |
C. | Variances/Applications pursuant to N.J.S.A. 40:55D-70 | |||
(1) | Appeal | $250 | $500 | |
(2) | Interpretation | $250 | $500 | |
(3) | *Bulk (single-family residential) | $650 | $500 | |
(4) | *Bulk (single-family residential and non-building) | $500 | ||
(5) | *Bulk (nonresidential) | $650 | ||
(6) | *Use (N.J.S.A. 40:55D-70d) (except as noted below for residential) | $1,150 | $1,000 | |
(7) | *Residential FAR Use (this fee includes bulk fee, if the application needs said relief) | $650 $800 | $500 | |
(8) | *Flood plain | $500 | $375 | |
D. | *Access (pursuant to N.J.S.A. 40:55D-34/35/36) | $450 | $375 | |
E. | *Conditional Use | $650 | $375 | |
F. | Zone change | $2,500 | $0 | |
G. | Environmental protection waiver | |||
(1) | Residential | $500 | $500 | |
(2) | Nonresidential | $1,000 | $375 | |
H. | Residential de minimis exception (as the only relief being requested) | $500 | $375 | |
I. | Zoning permit | |||
(1) | For fences, walls: | $25 | ||
(2) | For generators and HVAC units: | $50 | ||
(3) | For sheds, detached garages and other accessory structures and uses: | $50.00 | ||
(4) | For patios and decks: | $100 | ||
(5) | For swimming pools: | $100 | ||
(6) | For residential additions, attached garages, and porches: | $150 | ||
(7) | For new homes: | $200 | ||
(8) | For home occupations: | $200 | ||
(9) | For non-residential uses: | $200 | ||
(10) | For acknowledgement that meets zoning | $300 | ||
(11) | Certification pursuant to N.J.S.A. 40:55D-68 | $300 | ||
(12) | For community residences, shelters, adult family day care homes: | $100 | ||
(13) | All other principal uses not specifically identified: | $200.00 | ||
(14) | Outdoor dining annual review | $100.00 | ||
J. | General Development Plan (GDP) | $2,000 | $5,000 | |
§ 134-10.2 Escrow Deposit Funds.
[Ord. No. 5-2018 § 3; amended 12-7-2022 by Ord. No. 49-2022]
A.
Escrow deposits.
In addition to the initial fees or charges as elsewhere set forth, the Township shall require escrow deposits in accordance with the provisions of the fee and escrow schedule set forth in Section 134-10.1. The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to their bill.
B.
Scope of reimbursed services.
The Township shall be entitled to be reimbursed for the review of applications, as to completeness and as to guidance for Board hearings; for the review and preparation of documents such as, but not limited to; drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals.
C.
Deposit of escrow funds; refunds.
Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to them by the Township annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Township may retain for administrative expenses, a sum equivalent to no more than 33-1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
D.
Payments.
Each payment charged to the escrow deposit for review of applications, review and preparation of documents, and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, each date the services were performed, the hours spent at the hourly rate as established per the Professional Services Agreement with the Township, and the expenses incurred. All professionals shall submit vouchers to the Township on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professionals shall send an informational copy of all vouchers or statements submitted to the Township simultaneously to the applicant.
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the Township or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the Township or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
E.
Payments required prior to issuance of permits.
No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
F.
Close out procedures.
The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the Township has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.
G.
Scope of charges.
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals on the subdivision or site plan.
H.
Limitation of inspection fees.
Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
I.
Substitution of professionals.
If the Township retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or escrow account for any such services.
J.
Estimate of cost of improvements.
The cost of the installation of improvements for the purposes of N.J.S.A 40:55D-53 shall be estimated by the Township Engineer based on documented construction costs for the public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Passaic County Construction Board of Appeals established pursuant to N.J.S.A. 52:27D-127.
K.
Appeals.
(1)
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the Passaic County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or its authorized agent shall submit the appeal in writing to the Passaic County Construction Board of Appeals. The applicant or its authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subjection N.J.S.A 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2)
Appeals shall be taken in accordance with the rules and procedures established by the Passaic County Construction Board of Appeals.
(3)
During the pendency of any appeal, the Township or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.
§ 134-10.3 Stream and maintenance fees.
[Amended 2-15-2012 by Ord. No. 6-2012; 3-21-2018 by Ord. No. 11-2018; 2-1-2023 by Ord. No. 3-2023]
A.
Prior to receiving final approval of (i) a subdivision that creates one or more lots, or (ii) final major site plan, the applicant shall remit payment to the Township of all applicable stream and maintenance fees as set forth in the schedule below:
(2)
Fees for buildable lots contained within all zones not identified in A(1) above shall be calculated by the Township Engineer based on a comparison of the difference between the "improved" C (Rational Runoff Coefficient) and the "existing" C compared with the "natural state" C (0.25) using the following formula:
($0.01) (SF Lot Area) | x | "C" Post Dev. — "C" Pre Dev. | = | $___________ |
0.25 |
B.
The above fees may be waived by the governing body upon application by a qualified tax-exempt nonprofit organization for a waiver. Said waiver may be granted in the sole discretion of the governing body at the conclusion of a hearing at which the qualified tax-exempt nonprofit organization shall furnish substantial evidence to support its application for a waiver.
§ 134-10.4 Soil removal permit fee.
[Added 7-18-12 by Ord. No. 38-2012]
Cubic Yards of Soil to be Removed | Fee |
|---|---|
Up to and including 500 | $10 |
More than 500 | $75, plus a sum computed at a rate of $0.10 cy, multiplied by the number of cy to be removed. |
§ 134-10.5 Inspection fees for improvements.
[Added 12-7-2022 by Ord. No. 49-2022]
Inspections shall not relieve the applicant from the obligation to perform work strictly in accordance with the approved plans and specifications or the obligation to perform work in a workmanlike manner using first-class materials until such time as the Township Council shall accept the construction and installation of any improvement by a resolution.
A.
Inspection fees for bonded improvements shall be the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee.
B.
Inspection fees for private site improvements shall be the greater of $500 or 5% of the cost of private site improvements that are not subject to a performance guarantee.
§ 134-10.6 Environmental protection review fees.
[Added 12-7-2022 by Ord. No. 49-2022; amended 4-3-2024 by Ord. No. 11-2024; 3-19-2025 by Ord. No. 16-2025]
A.
Permit review and inspection fees for individual residential building permits that do not require Planning Board or Zoning Board approval, but do require engineering review and inspection shall be $400.
B.
Inspection fees for soil erosion controls for all projects that are required to obtain Hudson-Essex-Passaic Soil Conservation District ("HEPSCD") certification shall be as provided on the current HEPSCD Fee Schedule.
§ 134-11 Filing of applications.
The applicant shall file with the appropriate Administrative Officer a development application. However, at the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.
§ 134-12 Determination of complete application.
The Administrative Officer shall, within 45 days of submission of a development application, notify the developer in writing that the submission is or is not a complete application and, if incomplete, the reasons therefor. Failure to do so shall deem the application to be complete. Upon determination by the Administrative Officer that a complete application has been submitted, the time periods for decisions shall commence.
§ 134-13 Applications requiring notice of public hearing.
A.
The following applications for development shall require notice of a public hearing by the Planning Board or Zoning Board of Adjustment prior to making a decision in accordance with the provisions of this article.
(1)
Major preliminary subdivisions.
(2)
Any application involving a variance of any kind.
(3)
Appeal filed pursuant to N.J.S.A. 40:55D-70a.
(4)
Interpretation filed pursuant to N.J.S.A. 40:55D-70b.
(5)
Any application for a conditional use.
(6)
Any application for relief pursuant to N.J.S.A. 40:55D-34, 35, 36.
(7)
Any application for preliminary major site plan.
(8)
Any application for change of zone.
(9)
Any application where the Applicant has requested a continuance for three (3) consecutive hearings. Said re-notice shall be based on an updated Certified Notification List.
B.
The following applications shall not require public notice unless otherwise required by the Board pursuant to N.J.S.A. 40:55D-46.1
§ 134-14 Time limits for decision.
A Board shall grant or deny approval of an application for development within the following time periods after submission of a complete application, unless otherwise extended by the applicant:
(1)
For a minor subdivision: 45 days.
(3)
For a final major subdivision: 45 days.
(4)
For minor site plan: 45 days.
(6)
For a final site plan: 45 days.
(7)
For a conditional use permit: 95 days.
(8)
For appeals (40:55D-70a): 120 days.
(9)
For interpretations (40:55D-70b): 120 days.
(10)
For any application involving a variance of any kind: 120 days.
§ 134-15 Referrals.
The Zoning Board of Adjustment may refer any development application submitted to it to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
§ 134-16 Conditional approvals.
Whenever review or approval of the application by the County Planning Board is required, the Planning Board or Zoning Board of Adjustment 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.
§ 134-17 Approval by default.
In the event that the Planning Board or Zoning Board of Adjustment does not render a decision within the time periods prescribed above and the applicant has not agreed to an extension of time, the application is deemed approved by default. The applicant shall follow the procedures set forth in N.J.S.A. 40:55D-10.4 in order to claim default approval.
§ 134-18 (Reserved)
[Deleted by Ord. No. 44-2018]
§ 134-19.1 Purpose.
A.
The purpose of this section is to establish an Historic Preservation Advisory Committee in accordance with N.J.S.A. 40:55D-107 of the Municipal Land Use Law. This Committee is established in recognition that Wayne contains buildings and sites of special character and special historic and aesthetic value, that these buildings and areas of the Township reflect elements of the cultural, social, economic and architectural history of Wayne and that preservation and enhancement of such elements shall be encouraged wherever possible.
B.
These elements are part of the inherent community design of Wayne and play an important role in maintaining the scenic quality and visual character of Wayne.
C.
The intent of the Historic Preservation Advisory Committee is to:
(1)
Effect and accomplish the protection, enhancement and preservation of such sites and structures which exhibit historical, architectural or cultural significance for the community.
(2)
Maintain and develop harmonious settings for such structures and locations.
(3)
Promote the use of designated historic structures, sites, and areas for the education, welfare and pleasure of this and future generations of the residents of Wayne Township and of Passaic County as a whole.
§ 134-19.2 Establishment.
There is hereby established an Historical Preservation Advisory Committee for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value of interest within the Township of Wayne.
§ 134-19.3 Membership.
A.
The Historic Preservation Advisory Committee shall consist of nine members appointed by the Mayor, who shall serve without compensation, except that the Committee members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business within the guidelines of the budge established by the Township Council for the Committee.
B.
The Wayne Township Planning Board is empowered to oversee the system of preservation regulations, as set forth herein, to complement existing land use regulations and shall review and grant or deny final approval for the Historic Preservation Advisory Committee's designation of buildings, structures, sites, objects and districts having historical significance. Based on the advice and recommendations of the Historic Preservation Advisory Committee, the Planning Board shall make the final determination on the approval of development applications. For review of building permit applications, the Committee shall submit reports to the Administrative Officer.
C.
The Committee positions shall be filled by Wayne Township residents or nonresidents interested in and qualified to contribute to the preservation of the historic resources of the Township.
(1)
The Committee shall represent the following categories:
(a)
Class A persons, who are knowledgeable in building design and construction or in architectural history.
(b)
Class B persons, who are knowledgeable or have a demonstrated interest in local history.
(c)
Class C persons, who are residents of Wayne Township and hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board.
(2)
There shall be a total of four (4) members representing Classes A and B, with at least one (1) member from each class.
D.
A member of the Wayne Township Council shall be designated by the Township Council as liaison between the Historic Preservation Advisory Committee and the Council.
E.
The terms of the members shall be for four years. Appointments to fill vacancies shall be only to complete the unexpired terms.
F.
The Committee shall elect from its members a Chairman, Vice Chairman, Secretary and Financial Coordinator.
G.
The Committee shall adopt and set forth, in writing, internal rules and procedures for the transaction of its business, subject to the following:
H.
The Committee shall recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within an historic district. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
§ 134-19.4 Designation of historic landmarks.
A.
The Committee shall incorporate existing structures in the Township of Wayne currently on the State or National Registry of Historic Places and consider for landmark designation buildings, structures, objects, sites and districts within the Township which merit landmark designation and protection of possessing integrity of location, design, setting, materials, workmanship or association.
B.
Based on its review or upon the recommendation of other Township bodies or of concerned citizens, the Committee shall make a list of landmarks recommended for designation.
(1)
This list may include the following structures:
(a)
Van Riper-Hopper House (1786) 533 Berdan Ave., Block 3703, Lot 26.
(b)
Mead-Van Duyne House (1706) 533 Berdan Ave., Block 3703, Lot 26.
(c)
Henry Casey House (1st town meeting) 1329 Paterson-Hamburg Tpke, Block 2604, Lot 12.
(d)
George Washington Colfax House (1810) Block 3512, Lot 13.
(e)
Sandstone Pillars (Pompton Lakes).
(f)
Schuyler-Colfax Cemetery Block 3512, Lot 8.
(g)
Schuyler-Colfax House -2343 Paterson-Hamburg Tpke Block 3512, Lot 9.
(h)
Sheffield Farms -861 Black Oak Ridge Road Block 2521, Lots 53 and 54.
(i)
Ryerson-DeMott General Store - 20 Newark-Pompton Tpke Block 809, Lot 1.
(j)
The House Built in the Dark (Blind Man's House) 27 Newark-Pompton Tpke Block 810, Lot 3.
(k)
Abraham Ryerson House -50 Newark-Pompton Tpke (Bonland Office).
(l)
Dupont Workers Housing -North side of Ford St. Block 1503.
(m)
WABC Radio Transmitting Station - Ryerson Ave., Block 847, Lot l.
(n)
Pony Truss Bridge - Hamburg Tpke crosses Pompton River Bridge.
(o)
Demarest House - 378 Fairfield Rd. Block 302, Lot 36.
(p)
American Legion Hall - Mt. View Blvd. Block 708, Lot 1.
(q)
Mountain View School - Mt. View Blvd. Block 703, Lot 34.
(r)
Hickson's Mountain View Hotel (Gabriels Hotel) 95 Mt. View Blvd. Block 709, Lot 8.
(s)
Shackelton's General Store (Canal Store) 90 Mt. View Blvd. Block 704, Lot 5.
(t)
Meade Homestead (Mead-Parish Est.) 231 Parish Rd. Block 911, Lot 10.
(u)
Dey Mansion (County property) 199 Totowa Rd. Block 1001, Lot 1.
(v)
Nellis House - 437 Valley Rd. Block 1215, Lot 1.
(w)
Eno Van Saun House - Block 1203, Lot 37.
(x)
Thomas Van Saun House - 1158 Preakness Ave. Block 1808, Lot 3
(y)
Samuel Van Saun House - 23 Laauwe Ave. (Lafayette's Hdq).
(z)
Preakness Reformed Church - 131 Church Ave. Block 2700, Lot 21.
(aa)
Upper Preakness School - 1022 Paterson-Hamburg Tpke Block 3200, Lot 2.
(2)
For each landmark, there shall be a brief description of the landmark, the landmark's significance pursuant to the criteria in this section, a description of the landmark's location and boundaries and a map siting. The Committee shall, by certified mail:
C.
The list of potential landmarks, as well as the description, significance, location, boundaries and map siting of each, shall be subject to review at a Committee public hearing. At least 10 days before such a hearing, a preliminary list and a map showing proposed landmarks shall be published, together with notice of the hearing, in an official newspaper of the Township. At the hearing, interested persons shall be entitled to present their opinions, suggestions and objections on the proposed recommendation for landmark designation. The Committee shall then vote on its recommendations to the Planning Board for resources to be designated as local landmarks.
D.
The Committee shall prepare a concise report of its recommendations for sites to be designated as local landmarks. Copies of the report shall be delivered to the Planning Board and the Township Clerk and a notice of the action published by the Committee Secretary in an official newspaper of the Township. The published notice shall state the Committee's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication.
E.
Final determination that landmark status exists shall be made by the Planning Board in accordance with Subsection 134-9.4D. Such a final determination by the Planning Board shall create landmark status. A certification of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status, the Planning Board shall, by certified mail, notify the owner of the property involved of the determination and advise him of his rights with respect to an appeal of said determination to the Township Council. A member of the public may seek to appeal the status directly to the Township Council upon giving notice to the owners and persons of record as objecting thereto and the Planning Board. Such appeal shall be made within 45 days of the Planning Board's determination, and the Township Council shall have the power to either affirm, modify or vacate the decision of the Planning Board as the Township Council deems proper.
F.
After Planning Board review and approval, the Committee shall submit the list of designated landmarks and a map to the Township Clerk for filing. The Township Council shall then consider the designation list and map and may approve, reject or modify the same by ordinance. Once adopted, the designation list and map may be amended in the same manner in which they were adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the Master Plan and Zoning Ordinance as required by state enabling statute.
G.
Copies of the designation list and Official Map, as adopted, shall be made public and distributed to all Township agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included in the list, and a true copy thereof shall be filed with the County Clerk for recording in the same manner as a certificate of a lien upon real property.
§ 134-19.5 Actions requiring review by the Historic Preservation Advisory Committee.
A.
All building permits and development applications that affect an historic landmark or an improvement within an historic district shall be reviewed by the Committee. Such review shall be required for, but not limited to, the following actions:
(1)
Demolition of an historic landmark or of an improvement within an historic district.
(2)
Relocation of any improvement within an historic district or of any historic landmark.
(3)
Change in the exterior appearance or any improvement within an historic district or of any historic landmark by addition, alteration or replacement.
(4)
Any new construction of an improvement in an historic district.
(5)
Changes in or addition of signs or exterior lighting for an historic landmark of an improvement within an historic district.
(6)
Site plans or subdivisions affecting an historic landmark or an improvement within an historic district.
B.
Approval by the Committee is not required when an historic landmark requires immediate and emergent repairs to preserve the continued habitability of the landmark and/or of the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township ordinances without the necessity of first obtaining the Committee's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark or others and/or to maintain the habitability of the structure. A request for the Committee's approval shall be made as soon as possible and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria as set forth in this § 134-19.12 and the guidelines for review of applications as adopted by the Planning Board in accordance with § 134-19.12.
§ 134-19.6 Referral of development and permit applications to the Committee.
A.
For any development application affecting an historic landmark or an improvement within an historic district which is submitted to the Planning Board or Zoning Board, the appropriate Board shall forward a copy of the application to the Historic Preservation Advisory Committee. The Committee may provide recommendations to the appropriate Board. Said recommendations shall be in the form of a written report which is orally conveyed to the appropriate Board through the Committee's delegate at the public hearing on the application.
B.
For any building permit application affecting an historic landmark or an improvement within an historic district, the Administrative Officer shall notify the applicant that he must submit an application for review of the proposed undertaking to the Historic Preservation Advisory Committee in accordance with the procedures outlined in § 134-19.8. This includes but is not limited to permits for new construction, demolition, alterations, additions, repairs or replacements affecting an historic landmark or an improvement within an historic district.
§ 134-19.7 Committee review of development applications.
A.
Copies of development applications shall be reviewed by the Historic Preservation Advisory Committee for completeness of the information received. Where there is insufficient information, the application shall be returned to the referring body with specific written comments as to what information is needed for the Committee to render an opinion on the effect of the project on historic landmarks.
B.
Where the information in the development application is sufficient to render an opinion, the Committee shall provide advice through the preservation of a written report and oral testimony on the application by its delegate at the referring body's public hearing. The Committee's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance in light of the review criteria outlined in § 134-19.12.
§ 134-19.8 Committee review of permit applications.
A.
The Committee shall devise all necessary forms on which the applicant for a building permit shall request the Committee's review, as well as forms for recommendation of project approval or denial.
B.
The Committee or its designee shall review the application for technical completeness. Any application found to be incomplete shall be returned to the applicant within 10 days of the receipt of the application.
C.
When the application is found to be technically complete, the Committee shall schedule a review of the application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting.
D.
The Committee shall report to the Administrative Officer within 45 days of the receipt of a complete application. The report shall include a directive to approve, deny or conditionally approve the requested building permit and shall explain, in writing, the reasons for the recommendation.
E.
If an application involves demolition or removal, the Committee's directive shall specifically include whether the permit is to be denied or postponed. If a postponement is imposed, the Committee shall work with the applicant during the postponement period to undertake such investigation and take such actions as are necessary to consider alternatives to demolition.
F.
If within the 45 day period the committee recommends to the Administrative Officer against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the 45 day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
§ 134-19.9 Effect of project approval; denial; appeal.
A.
Issuance by the Planning Board or Zoning Board for approval of a development application or issuance by the administrative office of a building permit shall be deemed to be final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in an historic district.
B.
Denial of approval for a development application or of a building permit shall be deemed to bar the applicant from undertaking the activity which would affect the landmark or improvement in an historic district which was the subject of the denied application.
C.
The Planning Board, upon affirmative vote of two-thirds of its full membership, may postpone demolition of a landmark for up to one year. No Township official shall issue a demolition permit for a landmark without approval from the Planning Board. If the Planning Board determines to postpone demolition, it shall promptly initiate such actions as may lead to the preservation of the premises within the one-year hiatus.
D.
The granting or denial of approval for a development application or for a building permit may be appealed to the Township Council in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-17 from any action by the Zoning Board of Adjustment.
E.
Nothing herein shall be deemed to limit the right of judicial review of the Township action after an appeal is concluded by the Township Council.
§ 134-19.10 Demolition.
In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters should be considered:
A.
Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 134-19.4.
B.
If it is within an historic district, its significance to the district as a key, contributing or noncontributing resource and the probable impact of its removal on the district.
C.
Its potential for use for those purposes currently permitted by the Land Development Ordinance.
D.
Its structural condition and the economic feasibility of alternatives to the proposal.
E.
Its importance to the Township and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
F.
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.
G.
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans; attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Wayne Township; stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the Township a more attractive and desirable place in which to live.
§ 134-19.11 Moving structures.
In regard to an application to move any historic landmark or to move any improvement within an historic district, the following matters shall be considered:
A.
The historic loss to the site of the original location and the historic district as a whole.
B.
The compelling reasons for not retaining the landmark or structure at its present site.
C.
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in § 134-19.12.
D.
The probability of significant damage to the landmark or structure itself.
E.
If it is to be removed from Wayne Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.
§ 134-19.12 Other considerations.
A.
In regard to an application for any approval of proposed action as set forth herein, the following matters shall be considered:
(1)
If an historic landmark or a structure in an historic district is involved:
(a)
The impact of the proposed change on its historic and architectural significance as defined in § 134-2.2.
(b)
Its importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(c)
The extent to which there would be the involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty and expense.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within an historic district from a public street.
(4)
If the application deals with a structure within an historic district, the impact the proposed change would have on its character and ambiance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.
B.
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instances shall interior arrangement be considered.
C.
Visual compatibility factors.
(1)
In assessing the effect of any proposed change on an application concerning any landmark, the following "visual compatibility" factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related.
(2)
In the event that an historic district has such unique features that the general guidelines below are not appropriate criteria, the Planning Board shall, with the advise of the Historic Preservation Advisory Committee, adopt regulations for each district, which areas are consistent with the general applicable "visual compatibility" factors as set forth below:
(a)
Height: The height of the proposed building shall be visually compatible with adjacent buildings.
(b)
Proportion of the building's front facade: The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(c)
Proportion of openings within the facility: The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(d)
Rhythm of solids to voids on facades fronting on public place: The relationship of solids to voids in such facades of a building shall be visually compatible with the buildings and places to which it is visually related.
(e)
Rhythm of spacing of buildings on streets: The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(f)
Rhythm of entrance and/or porch projections: The relationship of entrance and porch projections to the street to which it is visually related.
(g)
Relationship of materials, texture and color: The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the building to which it is visually related.
(h)
Roof shape: The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(i)
Walls of continuity: Appurtenances of a building, such as wells, open-type fencing, evergreen and landscape masses, shall form cohesive walls for enclosure along a street, to the extent necessary to maintain visual compatibility of the building within the buildings and places to which it is visually related.
(j)
Scale of building: The size of a building, the mass of a building in relationship to open spaces, the windows, door openings, porches and balconies shall be compatible with the buildings and places to which they are visually related.
(k)
Directional expression of front elevation: A building shall be visually compatible with the buildings and places to which it is visually related in its dimensional character, whether this be vertical character, horizontal character or nondirectional character.
(l)
Exterior features: A structure's related exterior features such as lighting, fences, signs, sidewalks and driveway shall be compatible with the features of those structures which it visually relates to and shall be appropriate for the historic period for which the building is significant.
§ 134-19.13 Violations and penalties.
A.
Any person who shall undertake an activity which affects an historic landmark or an improvement within an historic district and which requires a building permit without obtaining the review of the Historic Preservation Advisory Committee shall be deemed to be in violation of this article.
B.
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violations occur a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the Township with said notice, a copy shall be posted on the site and a copy sent certified mail to the owner at his last known address as it appears on the Township tax rolls.
C.
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging a violation of this article and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of the article.
E.
If any person shall undertake any activity requiring a building permit and affecting an historic landmark of any improvement within an historic district without first having obtained approval, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the landmarks affected pending a decision. If the project is denied, he shall immediately restore the landmark to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop-work order on the restoration in the Superior Court, Chancery Division, not less then 10 days after the delivery of notice pursuant to this section. Such injunctive relief shall be in addition to the penalties authorized under this section.
§ 134-19.14 Additional powers and duties of Committee.
The Historic Preservation Advisory Committee shall have the following additional powers, duties and responsibilities:
A.
To identify and record historic buildings, structures, sites, objects or districts and evaluate these resources against the criteria outlined in the definition of "resources within an historic district" in § 134-2.2. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.
B.
To assist other public bodies in aiding the public in understanding historic resources, significance and methods of preservation.
C.
To compile and monitor notices regarding the use of detection-type devices and consider, determine and condition the granting of requests for provisions to dig, disturb or remove anything from historic landmarks or sites.
D.
To advise the Township Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan therefor securing State, Federal and other grants and aid to assist therein, and monitoring such projects once underway.
E.
To recommend to the Planning Board and the Township Council the establishment and boundaries of historic districts, where appropriate.
F.
To recommend to the Zoning Board the granting of use variances where such a variance is deemed to be within the intent and purposes of this 134-19.
G.
To secure the voluntary assistance of the public and (within the limits of the budget established by the Township for the Historic Preservation Advisory Committee's operation) to retain consultants and experts and incur expenses to assist the Historic Preservation Advisory Committee in its work to provide testimony in support of the Committee's position before other bodies, boards, commissions or courts.
H.
To cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this Section § 134-19.
I.
To recommend to the applicable county, state and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
J.
To request the Township Council to seek, on its own, motion or otherwise, injunctive relief for violation of this chapter or other actions contrary to the intent and purposes of this § 134-19.
K.
To spend money in the course of its duties as it is duly authorized to by the Township Council.
§ 134-19.15 Use of detection devices.
A.
No person shall use any electrical, mechanical or other detection-type device to locate objects in or on any Township-owned historic landmark or improvement within an historic district without given written notice, as set forth below, to the Township Clerk and the Historic Preservation Advisory Committee.
B.
The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice, as well as the names and addresses of all persons involved in the on-site use, and shall set forth the date each use will occur and whether any business, club or other organization is involved.
C.
Written notice of the intent to use such a detection device shall be delivered at least five days in advance of the use, and no use shall occur, unless otherwise expressly permitted, other than between the hours of 7:00 a.m. and 5:00 p.m.
D.
For each and every violation of any of the acts described in this subsection, the violator shall be subject to a fine of not more than $500.
§ 134-19.16 Additional general regulations and provisions.
A.
A copy of this article shall be included in all contracts of sale for any of the designated landmarks.
B.
No duties or powers of the Committee shall supersede or infringe on the powers of other Township Boards or committees.
C.
If any section or provision hereof shall be adjudged invalid, such determination shall not affect the other provisions hereof, which shall remain in full force and effect to the extent severable form such determination.
§ 134-20 Environmental Commission.
A.
The Environmental Commission of the Township of Wayne is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 56A-5), as amended by Chapter 35 of the Laws of 1972, for the protection, development and use of natural resources located within the Township of Wayne.
B.
Membership, appointment, terms, vacancies.
(1)
The Environmental Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Township of Wayne; the members shall serve without compensation, except as hereinafter provided. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission.
(2)
The term of each Commissioner shall be three years and until the appointment and qualification of his successor, except that the term of two of the original Commissioners shall be one year ending December 31, 1974; the term of another two original Commissioners shall be two years ending December 31, 1975; and the term of the final three Commissioners shall be three years ending December 31, 1976. The Mayor shall designate the length of term of each of the original Commissioners when making his appointments.
(3)
The Mayor or Township Council may remove any members of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
C.
Powers of commission. The Environmental Commission shall have the power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas. The Environmental Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
D.
Acquisition by environmental commission. The Environmental Commission may, subject to the approval of the Municipal Council, acquire property, both real and personal, in the name of the Township, by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purpose, subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.
E.
Records and annual reports. The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Council.
F.
Appropriations. The Municipal Council may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.