All hearings conducted on subdivisions, site plans or variances before either the Zoning Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law, as amended, as summarized below:
A. Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the public hearing date, during normal business hours in the office of the administrative officer.
B. The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means.
C. Decisions; memorialization of resolutions.
(1) Each decision on any application for development shall be reduced to writing as provided in this section and shall include findings of facts and conclusions based thereon. 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. The approving authority may provide such written decision and findings and conclusions either on the date of the meeting at which the approving authority takes action 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, 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 approving authority thereon.
(2) An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above. 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 a vote of a majority of the members of the approving authority who voted for the action previously taken, and no other member shall vote thereon.
(3) The vote on such resolution shall be deemed to be a memorialization of an action of the approving authority and not to be an action of the approving authority, except that failure to adopt such a resolution within the 45 days' period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(4) 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 purposes of the mailings, filings and publications required by these regulations.
D. A copy of the decisions shall be mailed by the approving authority, within 10 days of the date of the decision, to the applicant or, if represented by an attorney, to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
E. All public notices shall state the date, time and place of the public hearing, the nature of all the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and times at which any maps and documents are available for public inspections.
F. All public notices for public hearings on developments shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date, and the public hearing date shall be set by the approving authority.
(1) Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
(2) Service of notice to adjacent property owners.
(a) Public notices shall be given to the owners of all real property, as shown on the current tax duplicate, located in this state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. This notice shall be given either by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.
(b) Public notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(c) Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality. Notice shall be given by personal service or certified mail to the County Planning Board for all hearings where the hearing concerns a 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; the Commissioner of Transportation where the hearing concerns a property adjacent to a state highway; or the State Planning Commission where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units, and this notice shall include a copy of any maps or documents required to be on file with the administrative officer.
(d) Upon the written request of an applicant, the Township Planner shall, within seven days, make and certify a list of names and addresses of the owners of all real property shown on the current tax duplicates and within 200 feet in all directions of the property which is the subject of the hearing for which notice is required. The applicant shall be entitled to rely upon the information contained in such list, and the failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list. [Amended 11-28-2001]
G. The applicant shall file a list of all property owners within 200 feet from all municipalities affected and an affidavit of proof of service of required notices and of public notice publication with the approving authority holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
These regulations shall not be construed as abating any action now pending under or by virtue of prior existing subdivision, site plan or zoning regulations or as discontinuing, abating, modifying or offering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provision existing at the time of adoption of this chapter or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the Township except as shall be expressly provided for in this chapter.
A.site plan approval is required for all residential and nonresidential developments which do not meet the definition of an exempt site plan as defined in Article III. No construction permit for a building located on a site which requires site plan approval shall be issued until site plan approval has been granted. The approving authority may waive site plan approval of an application if it finds that the proposal does not noticeably affect items set forth in this chapter to be considered in site plan approval.
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.
If any section, subsection, paragraph, clause or other provision of this chapter shall be adjudged by the Courts to be invalid, such adjudication shall apply only to the section, subsection, paragraph, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
A. In case any building or structure is erected, constructed, altered, repaired, converted, moved or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Township or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, moving, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land and to prevent any illegal act, conduct, business or use in or about such premises.
B. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
C. Any person, firm or corporation who or which violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Planning Board or Zoning Board of Adjustment shall be punishable as provided in § 1-9 of this Code. [Amended 10-8-1997; 3-8-2006]
D. In addition to the foregoing, the Township may institute and maintain a civil action:
(1) For injunctive relief; and
(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, as amended.
E. As allowed by applicable law, 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 or her 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.
F. See § 102-20, Permits, and § 102-12A, Enforcing officer, in Article IV.
The zoning districts shall be as shown on the accompanying map and enumerated in the district regulations (see Part 3 of this chapter).
