Westville City Zoning Code
ARTICLE II
Administrative Procedures; Appeals
§ 205-4 Adoption of administrative rules and regulations.
Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
§ 205-5 Land Use Board fees and escrow requirements.
[Amended 8-10-1993; 6-28-2000; 3-10-2004 by Ord. No. 2-04]
A.
The following filing fees shall be charged an applicant for the filing of an application for development:
[Amended 5-22-2023 by Ord. No. 6-2023]
(1)
For each use variance pursuant to N.J.S.A. 40:55D-70d: Residential District, Parks and Conservation District, Business District and Light Industrial District, $300; plus review fee deposit as set forth below.
(2)
For each variance pursuant to N.J.S.A. 40:55D-70c (bulk): $100, plus review fee deposit as set forth below.
(3)
Direction pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 (building lot in bed of mapped street, etc., or not abutting an improved street): $100, plus review fee deposit as set forth below.
(4)
Conditional use: $500, plus review fee deposit as set forth below.
(5)
Minor subdivision: $100 per lot created, excluding any one parcel to be retained, plus review fee deposit as set forth below.
(6)
Preliminary major subdivision: $1,500, plus $40 per lot created, plus review fee deposit as set forth below.
(7)
Final major subdivision: $500, plus $40 per lot created, plus review fee deposit and inspection fee deposit as set forth below.
(8)
Tax Map revision. Prior to the Board's signing of a plat or deed to effectuate subdivision, the applicant shall pay a fee in the amount of $50 per lot created, revised, reconfigured or otherwise requiring Tax Map revision, including any one parcel to be retained.
(9)
Appeals from Borough of Westville Land Use Board to governing body: $1,000, plus review fee deposit as set forth below.
(10)
Minor site plan review: $100, plus review fee deposit and inspection fee deposit as set forth below.
(11)
Major site plan review: $300, plus review fee deposit and inspection fee deposit as set forth below.
(12)
Site plan waiver: $100, plus review fee deposit as set forth below.
(13)
Classification of a proposed subdivision: $25, plus review fee deposit as set forth below.
(14)
Informal review with nonbinding comments (fees for informal review shall be credited toward fees for application for development):
(15)
Zoning permit application: $50.
(16)
Certification of nonconforming structure or use pursuant to N.J.S.A. 40:55D-68: $100, plus review fee deposit as set forth below.
(17)
Resubmission or revision of any application: For any resubmission or revision of a development plan or application, there shall be paid the same fees and deposits as for a new application, which shall be in addition to the amounts paid or owed for the original application and for any previous resubmissions and revisions. Fees and deposits on account of a revised plan or application shall, at the discretion of the reviewing agency, not be required for any revisions not necessary for approval but which are requested by the reviewing agency, nor for any revision not involving any additional costs of review by professional personnel or hearing expenses.
(18)
Review fee deposit:
(a)
Whenever a review fee is required, the developer shall deposit with the Municipal Chief Financial Officer a sum of money which the Municipal Chief Financial Officer shall, in turn, deposit in a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality as a review fee escrow fund. The amount of money so deposited, exclusive of all other fees, except inspection fees where excess escrow amounts may be applied, shall be as follows:
[1]
For major subdivisions at preliminary application and again at final application: engineering escrow, a minimum of $3,000 for the first four lots and then $300 for each additional lot, plus attorney's fee of $500 to be created. At the time of application for final approval any amounts remaining on deposit after the preliminary application review fees have been paid shall be credited to the deposit for the final approval review fee deposit.
[2]
For minor subdivisions: $3,000 per first lot created, and $200 for each additional lot, including any parcel to be retained.
[3]
For major site plan review: $3,000 per first acre or part thereof, plus $200 for each additional acre or part thereof, plus the attorney's escrow's fee of $500.
[4]
For minor site plan review: $3,000, includes the attorney's escrow's fee.
[5]
For site plan waiver: $500.
[6]
For each variance pursuant to N.J.S.A. 40:55D-70d: Residential District, Parks and Conservation District, Business District and Light Industrial District, $3,000 per first acre or part thereof, plus $150 each additional acre or part thereof.
[7]
For each variance pursuant to N.J.S.A. 40:55D-70c: $3,000.
[8]
For conditional use: $3,000 per first acre or part thereof, plus $150 for each additional acre or part thereof.
[9]
Direction pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 (building lot in bed of mapped street, etc., or not abutting an improved street): $500.
[10]
Appeals from Borough of Westville Land Use Board to governing body: $500.
[11]
Classification of a proposed subdivision: $500.
[12]
Informal review: $1,000.
[13]
Certification of nonconforming structure or use pursuant to N.J.S.A. 40:55D-68: $500.
(b)
Said fund is to be used to pay the fees of any professional or technical personnel retained or employed by the Borough to assist in the processing, reviewing, making recommendations and testifying concerning the subject application.
(c)
Within 45 days after the filing of an application for development, the Borough of Westville Land Use Board shall review the application for development to determine whether the escrow amount set forth above is adequate. In conducting such review said Board shall consider the following criteria:
[1]
The presence or absence of public water and/or sewer servicing the site.
[2]
Environmental considerations, including, but not limited to, geological, hydrological and ecological factors.
[3]
Traffic impact of the proposed development.
[4]
Impact of the proposed development on existing aquifer and/or water quality.
[5]
Impact of proposed development on off-tract facilities.
[6]
Surface drainage impact on the site or on surrounding properties of facilities.
(d)
Upon completion of said review and within said forty-five-day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event the Board shall determine that said amount is excessive, it shall in the resolution specify the amount that shall be deemed sufficient. In the event the Board shall determine that the amount specified above is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein. In the event the Board shall determine that it is appropriate that no escrow be posted, it shall so specify in its resolution.
(e)
No application for development shall be deemed complete until such time as the applicant shall have posted with the Borough of Westville in cash, certified check or money order the amount of escrow deposit determined by the Borough of Westville Land Use Board to be required in accordance with the provisions of this chapter.
(f)
If at any time it becomes evident that the escrow fund is, or will become, insufficient to cover all reasonable fees for the required professional or technical services, the applicant shall increase the fund as determined by the reviewing agency.
(g)
All sums not actually so expended for professional or technical services shall be refunded to the applicant within 120 days after certification by the Board Chair that said application has been finally determined. "Finally determined" shall be denial of preliminary approval; or denial of final approval; or compliance with all conditions following final approval; or withdrawal of application; or expiration of approval.
B.
Inspection fees. Prior to final approval of the subdivision or site plan, the developer shall deposit with the Municipal Chief Financial Officer a sum of money which the Municipal Chief Financial Officer shall, in turn, deposit in a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality as an inspection fee escrow fund. The amount of money so deposited, exclusive of all other fees, shall be in an amount to reimburse for the reasonable inspection fees paid to the Borough Engineer for the inspection of all improvements required as a condition of subdivision, site plan, land mining or earth extraction approval as such cost is estimated by the Municipal Engineer, as follows:
[Amended 6-13-2018 by Ord. No. 15-2018]
(1)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee as outlined in § 340-13.
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 340-12, which cost shall be determined pursuant to Section 15 of P.L. 1991. c. 256 (N.J.S.A. 40:55D-53.4).
(3)
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(4)
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall make additional deposits of 25% of the inspection fees.
(5)
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection B(1) and (2) of this section, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow, provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(6)
However, there shall be a minimum inspection fee escrow deposit of $300 even though the aforesaid computation produces a lesser amount, unless there are no improvements required for the subdivision or site plan approval, in which case there shall be no inspection fee escrow fund established.
(7)
Said escrow fund shall be used to pay the fees of professional personnel employed to inspect and approve the construction of the improvements required for subdivision or site plan approval. Any excess of funds in the escrow at the time when all improvements have been finally accepted or approved shall be returned to the developer. If at any time it becomes evident that the escrow fund is or will be insufficient to cover said inspections fees, the developer shall increase the fund as required by the approving municipality agency.
(8)
All fees shall be paid by the applicant or appellant to the secretary or clerk of the municipal agency to which the application or appeal is being made at the same time as the application is submitted or the appeal is filed. Said fee shall then be turned over to the Municipal Chief Financial Officer within 48 hours of receipt.
(9)
Whenever a term is used in this chapter which is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(10)
A fee of $2 shall be charged for a copy of this section (N.J.S.A. 40:55D-8a).
(11)
When an amount of money in excess of $5,000 shall be deposited by an applicant in escrow for review fees or inspection fees, the Borough shall not refund an amount of interest earned on such deposit which does not exceed $100 per year. If the amount of interest exceeds $100 per year, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Borough annually or at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be, except that the Borough may retain 33 1/3% of such interest for administrative and custodial expenses.
§ 205-6 Meetings.
A.
Meetings of the Land Use Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with applicable legal requirements.
C.
No action shall be taken at a meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision in this chapter or in P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
E.
All regular and special meetings shall be open to the public. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
F.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney; the action taken by the municipal agency; the findings, if any, made by it; and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for this use.
G.
No member of the Land Use Board shall 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 acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter and shall not participate in any discussion or decision relating thereto.
H.
The final disposition of any matter by the Board shall require the concurring vote of a majority of a quorum.
[Added 12-11-1990]
§ 205-7 Hearings.
A.
The municipal agency shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing.
B.
The municipal agencies shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
C.
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, and the provisions of P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.[1]
D.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or his designate and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and subject to reasonable limitations as to time and number of witnesses.
E.
The technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney and the action taken by the municipal agency; the findings, if any, made by it; and reasons therefor.
G.
Each decision on any application for development shall be in writing and shall include findings of fact and the conclusions based thereon.
H.
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of the decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Borough Clerk.
I.
A brief notice of the decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Borough Clerk or the applicant. The Borough may make a reasonable charge for this service.
§ 205-8 Notice requirements for hearings.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. Notice to a partnership may be made by service upon any partner. Notice to a corporation 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.
C.
Notice of all hearings or 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.
D.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing or an application for development of property adjacent to an existing county road shown on the Official County Map, adjoining other county land or situate within 200 feet of a municipal boundary.
E.
All notices shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of service with the municipal agency holding the hearing.
F.
Any notice by certified mail shall be deemed complete upon mailing and shall request a return receipt.
G.
All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available.
§ 205-9 Filing of ordinances required.
This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board. An Official Map shall not take effect until filed with the county recording officer. Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
§ 205-10 Payment of taxes.
Every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application. If it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
§ 205-11 Notice of decision.
[Added 8-10-1993]
The secretary of the appropriate body before which an application has been heard shall mail a copy of the decision to the applicant or, if represented, to its attorney, without separate charge, and for a reasonable charge to any interested person who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Borough, such publication to be arranged by the secretary of the appropriate board before whom such application was heard, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication. The period of time in which an appeal to a court of competent jurisdiction or to the appropriate body may be made shall run from the first publication, whether arranged by the secretary of the board or by the applicant.[1]
[1]
Editor's Note: Former § 65-10.2, Escrow required, added 8-10-1993, amended 6-28-2000, which immediately followed this section, was repealed 3-10-2004 by Ord. No. 2-04.
§ 205-12 Appeals of decisions made by boards. [1]
§ 205-13 Time limit for appeal.
Any such appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of its attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Land Use Board.
§ 205-14 Notice of hearing to appellant. [1]
Notice of the meeting to review the record shall be given by the governing body by personal service or certified mail to the appellant and to the board from which the appeal is taken at least 10 days prior to the date of the meeting.
§ 205-15 Time for decision. [1]
The governing body shall conclude a review of the record not later than 95 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of time. Failure of the governing body to hold a hearing and conclude a review of the record and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the municipal agency. The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the municipal agency. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to act on the appeal.
§ 205-16 Notice of decision.
The governing body shall mail a copy of the decision to the appellant or if represented then to its attorney, without separate charge, and for a reasonable charge to any interested person who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Borough Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
§ 205-17 Review by court.
Nothing in this chapter will be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction.