A. Every Township agency shall adopt and may amend reasonable rules and regulations not inconsistent with N.J.S.A. 40:55D-1 et seq. or with this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and the charge for such copy shall be in accordance with N.J.S.A. 47:1A-5. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer. All fees required pursuant to this chapter are summarized in Schedules A and B in § 190-10.

B. In determining the completeness of applications, the Township agency shall utilize the following completeness checklists which shall be available from the administrative officer and are hereby adopted:

(1) Informal Review Checklist (Exhibit A).

(2) Site Plan Waiver Completeness Checklist (Exhibit B).

(3) Site Plan Completeness Checklist (Exhibit C).

(4) Minor Subdivision Completeness Checklist (Exhibit D).

(5) Preliminary Major Subdivision Completeness Checklist (Exhibit E).

(6) Final Major Subdivision Completeness Checklist (Exhibit F).

(7) Variance Application Completeness Checklist (Exhibit G).

(8) Minor Site Plan completeness Checklist (Exhibit H).

(9) General Development Plan Checklist (Exhibit I).

A. Scheduling of meetings. Every Township 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 a Township agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for the lack of development applications. The Township agency may provide for special meetings at the call of the Chairperson, 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 a majority vote of the members of the municipal agency present at the meeting except as otherwise specifically set forth in this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.

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

C. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Township agency and of the persons appearing by their attorney, the action taken by the Township agency, the findings, if any, made by it and reason therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for reproduction of the minutes in accordance with N.J.S.A. 47:1A-5.

A. Hearing on applications. The Township agency shall hold a hearing on each application for development, or adoption, revision, or amendment of the Master Plan.

B. Rules governing hearings. The Township agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

C. Presiding officer. 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

D. 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 witnesses.

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

F. Transcript. The Township agency shall furnish a verbatim transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

G. Decisions.

(1) Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon. If and in the event a final decision has been made by a Township agency on an application for land use, minor changes affecting same may be processed by the Township agency by way of an amendment to the original application rather than the filing of a new application; said determination to be within the discretion of the Township agency.

(2) 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. Any such action resulting from failure to adopt a motion to approve shall be memorialized by a resolution of the municipal agency. All municipal agencies are empowered to adopt resolutions of memorialization pursuant to N.J.S.A. 40:55D-10(g). Such resolution shall, however, be adopted by a vote of the 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 a resolution of memorialization shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency. Whenever such a resolution is adopted, the date of such adoption shall constitute the date of the decision for purposes of mailing, filing and publication, etc.

H. Copy of decision. A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a charge in accordance with N.J.S.A. 47:1A-2. A copy of the decision shall also be filed by the Township agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in accordance with N.J.S.A. 47:1A-5, and available for public inspection at this office during reasonable hours.

I. Publication of notice of decision. A brief notice of the decision shall be published in an official newspaper of the municipality within 10 days of the receipt by the applicant of the decision. Such publication shall be arranged by the administrative officer and shall be paid for by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

A. Contents of notice of hearing on application for development or adoption of Master Plan. Notices pursuant to §§ 190-7B and C shall state the date, time and place of the hearing, the nature of the matters to be considered, and in the case of notices pursuant to Subsection B of this section, 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 Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 190-6B.

B. Notice of applications. Notice pursuant to Subsection B(1), (2), (4), (5) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.

(1) Public notice shall be given of the hearing on an application for development except for minor subdivisions, minor site plans and final approval of any application; on an appeal pursuant to § 190-242A; on an application for an interpretation pursuant to § 190-242B; or on an application pursuant to N.J.S.A. 40:55D-68. Public notice shall be given in any event if relief pursuant to §§ 190-19, 190-41C(2), 190-49F and 190-50G of this chapter is sought as part of an application for development even though otherwise exempt from public notice requirements. Public notice shall be given by publication in an official newspaper of the Township.

(2) Notice to real property owner, partnerships and corporate owners.

(a) Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section shall be given to the owners of all real property as shown on the current Township tax duplicate, located in New Jersey and within 200 feet in all directions of the particular parcel of property which is the subject of such hearing, 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 of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.

(b) 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.

(3) Upon the written request of an applicant with a pending application before a Township agency or a municipal agency of an adjoining municipality, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners residing in Freehold Township to whom the applicant is required to give notice pursuant to Subsection B(2)(a) 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.

(4) 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. If the property is located within 200 feet of parcels of realty located outside of Freehold Township, the applicant shall be responsible for service upon the individual owners thereof as well as the Clerk.

(5) Notice shall be given by personal service or certified mail to the Monmouth 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 Township boundary.

(6) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

(7) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer.

(8) The applicant shall file an affidavit of proof of service with the Township agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

C. Notice concerning Master Plan. The Planning Board shall give:

(1) Public notice of a hearing on adoption, revision, or amendment of the Master Plan shall be given by publication in the official newspaper of the Township, at least 10 days prior to the date of the hearing.

(2) 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.

(3) Notice by personal service or certified mail to the Monmouth County Planning Board of: 1) all hearings on the adoption, revision, or amendment of the Township 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.

D. Effect of mailing notice. Any notice to be made by certified mail by the administrative officer pursuant to this chapter shall be deemed complete upon mailing.

E. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or Official Map.

(1) Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision, or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(2) Notice by personal service or certified mail shall be made to the Monmouth 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 Township capital improvement program or Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Official Map or the capital program, or any proposed revision or amendment thereto, as the case may be.

(3) Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

F. Filing of ordinances.

(1) The zoning, subdivision, site plan review ordinances or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Monmouth County Planning Board.

(2) The Official Map of the Township shall not take effect until filed with Monmouth County.

(3) Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk and administrative officer.

A. The Township Committee shall enforce this chapter and any regulation made and adopted hereunder. To that end, the Township Committee hereby requires the issuance of certain applicable permits, certificates, or authorizations as specified herein or in other Township ordinances as a condition precedent to:

(1) The erection, construction, alteration, repair, remodeling, conversion, removal, or destruction of any building or structure;

(2) The use or occupancy of any building, structure or land; and

(3) The subdivision or resubdivision of any land.

B. The Township Code Administrator (Construction Official and Zoning Officer) and Code Administration Department are hereby expressly designated for purposes of issuing such permits, certificates and authorizations, and the issuance of such permits, certificates or authorizations is further conditioned upon the submission of such data, materials, plans, plats, and information as is authorized hereunder and upon the express approval of the appropriate state, county, or Township agencies. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or other regulation made under authority conferred hereby, the Township and/or through its officers and employees 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, conversion, maintenance or use, or restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

[Amended 11-12-2013 by Ord. No. O-13-32]

See Chapter 150, Fees, § 150-15, Land use.

[Amended 12-22-2015 by Ord. No. O-15-26]

Any power expressly authorized by this chapter to be exercised by the Planning Board shall not be exercised by any other body, except as otherwise provided in this chapter.

In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision, or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision, or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing, and able to proceed with said development, the running of the period of approval under this chapter or under any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

A. Compliance with regulations; process applications. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision, or other party to protect the public health and welfare, the Township agency shall process such application for development in accordance with this chapter and development regulations, and if such application for development complies with Township development regulations, the Township agency shall approve such application conditioned on removal of such legal barrier to development.

B. Approval of governmental agency. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Township agency, the Township agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Township shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Township agency is prevented or relieved from so acting by the operation of law.