The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued, to consist of nine members of the following four classes and four alternates:

Alternates. The Mayor shall also appoint two alternate members, who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as Alternate No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than two alternate members shall expire in any one year, and provided further that in no instance shall the terms of the alternate members first appointed exceed two years.

The term of the member composing Class I shall correspond to his/her official tenure or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first.[1]

The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment; provided, however, that no term of any member shall exceed four years; and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.[2]

Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member on any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

To prepare and, after public hearing, adopt or amend a Master Plan or component parts thereof, to guide the use of lands within the City in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 40:44D-59.

To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.

To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

Prior to the adoption of a development regulation, including this chapter, revision, or amendment thereto, the Planning Board shall make and transmit to the City Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulations, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any others as the Planning Board deems appropriate. The City Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendations by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period shall relieve the City Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referring to the Planning Board. Nothing in this section shall be construed as diminishing the application of N.J.S.A. 40:55D-32 to any official map or amendment or revision thereto or of N.J.S.A. 40:55D-62a to any zoning regulation or any amendment or revision thereto.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuing planning process.

To annually review a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the City Council pursuant to the provisions of N.J.S.A. 40:55D-29.

Variances and other relief.

To review capital projects pursuant to N.J.S.A. 40:55D-31.

To approve planned developments in order to encourage and promote flexibility and economy in layout and design in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39, Discretionary contents of ordinance, and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the City Council for the aid and assistance of the City Council or other City bodies, agencies, or officers.

The City Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full membership of such other body.

The major problems and objectives relating to land development in the City at the time of the adoption of the last reexamination report.

The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

The extent to which there has been significant change in the assumptions, policies and objectives forming the basis for the Master Plan and development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, and changes in state, county and City policies and objectives.

The specific changes recommended for the Master Plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulation should be prepared.

The City of Northfield hereby exercises the option provided by N.J.S.A. 40:55D-25C, to have the Planning Board exercise all the powers of a Board of Adjustment. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief, pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).

Whenever relief is requested in a matter in which the Planning Board exercises, to the same extent and subject to the same restrictions, any of the powers and duties of a Board of Adjustment, pursuant to N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a permit, or other relief, as the case may be.

Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

The municipal agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and 40:55D-17, Subsection e, 40:55D-26, Subsection a, 40:55D-26, Subsection b, and 40:55D-70, Subsection d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.

An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.

Required hearings. The Planning Board shall hold a hearing on each application for development.

Rules for conducting hearings. The Planning Board shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer (Planning Board Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witness.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his/her expense.

Transcript charge. The municipal agency, in furnishing a transcript of the proceeding to an interested party at his/her expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4, as amended. Said transcript shall be certified in writing by the transcriber to be accurate.[2]

Voting eligibility. A member or alternate member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such board member or alternate member has available to him or her the transcript or recordings of all of the hearings from which he or she was absent, and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

Public notice of a hearing on an application for development shall be given for all of the following:

Public notice shall be given by publication in the official newspaper of the City, if there be one, or in a newspaper of general circulation in the City.

Notice of a hearing requiring public notice pursuant to Subsection D(1) shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return is not required.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection D(3) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

Notice of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary shall be given by personal service or certified mail to the County Planning Board.

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

Notice of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to N.J.S.A. 40:55D-10b.

The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and Subsection D of this section.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

Notice pursuant to Subsection D(4), (5), (6), and (7) of this section shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) of this section is required.

List of property owners furnished. Upon the written request of an applicant, the administrative officer (Tax Assessor) shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D(3) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of $0.25 per name, or $10, whichever is greater, shall be charged for such list.

Reduction to writing shall be accomplished through:

Where the agency fails to adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the City.

The following members shall be eligible to vote on the resolution:

The following shall apply to adoption of the resolution:

Copies of the decision shall be distributed by the administrative officer (Planning Board Secretary) as follows:

A brief notice of the decision shall be published in the official newspaper(s) of the City.

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.

In all cases, the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

Development permits shall hereafter be secured from the administrative officer (Zoning Officer) prior to:

Prior to issuance of a development permit, the applicant shall have secured, where applicable, other required permits, including, but not limited to:

Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any municipal agency approval.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative officer (Zoning Officer) for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

The administrative officer (Zoning Officer) shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:

The administrative officer (Zoning Officer) shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15 in accordance with § 215-17. The fees so collected by such official shall be paid to the City.

Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the City pursuant to the provisions of N.J.S.A. 40:55D-55.

Any such application addressed to the City Clerk shall be deemed to be addressed to the proper designated officer and the City shall be bound thereby to the same extent as though the same was addressed to the designated official.

Every certificate issued shall also state on its face, in bold type, that:

Development permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.

New uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.

Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant, or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.

Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) of a nonresidential building, structure and/or land, a new certificate of occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. The Construction Official may issue that such change in occupancy or use is not a "change in use" as herein defined and determines, therefore, that a development permit is not required, provided that the applicant has met the requirements of the applicable regulations.

Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.

In addition to the foregoing, the City may institute and maintain a civil action:

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.

If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.

All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

Application for development permit; submit to Zoning Office:

Minor subdivision application:

Major subdivision application:

Site plan application, major and minor:

Appeals from the decision of an administrative officer pursuant to N.J.S.A. 40:55D-70a: $500 for nonresidential, and $250 for residential.

Request for interpretation pursuant to N.J.S.A. 40:55D-70b: $250. If the interpretation request is accompanied by a variance request, the fee for the variance shall apply.

Request for variance pursuant to N.J.S.A. 40:55D-70c: $300 for one variance; $100 for each additional; $75 for each lot subject to the variance.

Request for variance pursuant to N.J.S.A. 40:55D-70d: $1,000; $200 for each additional; $150 for each lot subject to the variance.

Conditional uses: $500.

Environmental impact report (EIR). For those development applications which require review of an EIR pursuant to § 215-94: $500 in addition to professional escrow fee.

Publication fee: $50.

Waiver of site plan fee: $500.

Continuance (unless at the direction of the Board), in addition to other applicable fees: $250 for each continuance.

Request for extension of time within which any variance must be exercised (per request): $250.

Withdrawal of application for variance pursuant to N.J.S.A. 40:55D-70d:

Withdrawal of any other application more than 10 days before the scheduled hearing date (not including the date of hearing): $100; if within 10 days, but more than 24 hours prior to the scheduled hearing (not counting the date of the hearing): $100.

All fees previously deposited for withdrawn applications shall not be refunded unless the withdrawal is properly made more than 24 hours prior to the hearing (not counting the date of the hearing). Professional review fees are not subject to refund pursuant to this subsection but are subject to the subsections specially relating thereto.

All other applications not specifically mentioned herein: $500 for commercial applications, and $250 for noncommercial applications.

Public hearings and specially scheduled meetings.

Reproduction of records.

Professional review costs.

Bonding and inspection fees for off-site public improvements. When any development proposal approved by the municipal agency includes the construction of off-site public improvements, the developer, owner, or applicant shall submit a performance bond in the amount of 120% of the estimated construction cost and pay to the City of Northfield, prior to the issuance of any development permit or the start of construction, inspection fees equal to 5% of the bond amount. Note: The minimum inspection fee shall be $250.

Bonding and inspection fees for a major subdivision.

Inspection fees for minor and major site plans.

Tax map revision fees. A fee of $100 or $10 per lot, whichever is greater, shall be charged for minor subdivisions and final plats of major subdivisions to cover the cost of the City Clerk obtaining a reproducible original of the filed map and providing for revisions of the City tax maps.

Revised plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:

Request for reapproval or extension of time. The fee shall be equal to 1/4 the fee required for the initial submission based on the current fee schedule.

Certificate as to approval of subdivision of land: $175.

Certificate as to nonconforming use: $175.

Application for approval of general development plan: $2,500.