a. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine (9) members of the following four (4) classes and two (2) alternates:
Class I. The Mayor.
Class II. One of the officials of the Borough other than the Mayor or a member of the Borough Council to be appointed by the Mayor and confirmed by the Council.
Class III. A member of the Borough Council to be appointed by it.
Class IV. Six (6) other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. 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. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
Alternates. The Mayor shall also appoint two (2) alternate members who shall meet the qualifications of Class IV members for nine (9) member Planning Boards as prescribed by N.J.S.A. 40:55D-23. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1 and Alternate No. 2."
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 (C.40:55D-70).
b. Terms. The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office whichever occurs first, except for a member who is also a member of the Environmental Commission. The term of a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four (4) years after their appointment as determined by resolution of the Borough Council, provided, however, that no term of any member shall exceed four (4) 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 (4) years, except as otherwise herein provided. All terms shall run from July 1 of the year in which the appointment was made.
The terms of alternate members shall be two (2) 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 (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or 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.
c. Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
d. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term only.
e. Removal. Any member other than a Class I member, may be removed by the Borough Council for cause. The member, if he requested, shall be afforded a public hearing before the Borough Council prior to removal.
f. 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 or may not be a member of the Planning Board or a municipal employee.
g. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Council for its use.
h. Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive gifts or grants, the amount appropriated by the Borough Council for its use.
1. Powers and Duties. The Planning 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. The Planning Board shall have the following powers and duties:
1. To prepare, and after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Borough 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.
2. 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 59.
3. To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
4. To approve conditional use applications in accordance with the provisions of this Chapter and pursuant to N.J.S.A. 40:55D-67.
5. To consider and make report to the Borough Council within thirty-five (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). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough 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 recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
6. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
7. To assemble data on a continuing basis as part of a continuing planning process.
8. To annually prepare a program of municipal capital improvement projects over a term of six (6) years, and amendments thereto, and recommend same to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29.
9. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a) Variances pursuant to N.J.S.A. 40:55D-70(c).
(b) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to C. 40:55D-32.
(c) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, 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.
10. Review of capital projects pursuant to N.J.S.A. 40:55D-31.
11. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other Borough bodies, agencies, or officers.
12. The Borough 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 hereon except for any matter under the jurisdiction of the Board of Adjustment. 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 authorized membership of such other body.
j. Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
k. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
l. Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use. (Ord. #1045, §3.1; Ord. #1258, §1)
a. Zoning Powers of the Planning Board.
1. The Planning Board shall have the power to:
(a) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this Chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.
(1) Appeals to the Planning Board may be taken by an interested party. Each appeal shall be taken within the twenty (20) days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three (3) copies of said notice with the Administrative Officer. Said notice of appeal shall specify the grounds for said 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.
(2) An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer form whom the appeal is taken certifies to the Planning Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Planning Board or by the Superior Court of New Jersey on application or notice to the officer whom the appeal is taken and on due cause shown.
(3) The Planning Board may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
(b) Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this Chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68, or for decisions upon other special questions upon which such Board is authorized by this Chapter to pass.
(c) Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 68, except those departures enumerated in N.J.S.A. 40:55D-70d, where:
(1) The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:
(i) By reason of exceptional narrowness, shallowness or shape of the specific piece of property, or
(ii) By reasons of exceptional topographic conditions or physical features uniquely affecting the specified piece of property, or
(iii) By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or
(2) The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment.
(d) Grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five (5) members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 68 to permit the following:
(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 pertaining solely to a conditional use;
(4) An increase in the permitted floor area ratio;
(5) An increase in the permitted density except as applied to the required lot area for a lot or lots for detached one (1) or two (2) dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purposes of the zone plan and this Chapter. An application under this section may be referred to any appropriate person or agency, provided such reference shall not extend the period of time within which the Planning Board shall act.
2. The Planning Board shall have the power to grant 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 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Planning Board of a variance pursuant to N.J.S.A. 40:55D-70d. 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 Planning Board. 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 purposes of the zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d. of N.J.S.A. 40:55D-70 shall not be required.
3. The Planning Board shall have the power to 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 public drainageway, flood control basin or public area reserved on the official map.
4. The Planning Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
b. Reports. The Planning Board shall, at least once a year, review its decision on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Planning Board shall send copies of the report and resolution to the Borough Council and the Planning Board.
c.-l. Reserved. (Ord. #1045, §3.2; Ord. #1063, §II; Ord. #1258, §1)
a. Meetings.
1. The 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 cancelled for lack of applications for development to process.
2. The Municipal Agency may provide for special meetings, at the call of the Chairman, or on the request of any two (2) 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.
3. No action shall be taken at any meeting without a quorum being present.
4. All action shall be taken by a majority vote of members of the Municipal Agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, -34, -62, -63 and subsections -17e, -26a and b and -70d. 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.
5. 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 Meeting Law, N.J.S.A. 10:4-6 et seq.
6. 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.
b. Minutes. 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 reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer (Planning Board Secretary). 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 may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his use.
c. Hearings.
1. Required Hearings. The Planning Board shall hold a hearing on each application for development.
2. 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.
3. 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 ten (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.
4. 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.
5. 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.
6. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
7. 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 expense; provided that the Borough Council may provide by ordinance for the municipality to assume the expense of any transcripts necessary for approval to the Borough Council pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the ordinance.
8. Transcript Charge. The Municipal Agency in furnishing a transcript of the proceeding to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15 as amended. Said transcript shall be certified in writing by the transcriber to be accurate.
9. Voting Eligibility: A member or alternate member of a Municipal Agency who 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.
d. Notice Requirements for Hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least ten (10) days prior to the date of the hearing in accordance with the following:
1. Public notice of a hearing on an application for development shall be given for all of the following:
(a) Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
(c) Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d) Preliminary major subdivision plats.
(e) Preliminary major site plans.
2. Public notice shall be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
3. Notice of a hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (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 (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 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. A return receipt is not required.
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 two hundred (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.
4. Notice of all hearings on applications for development involving property located within two hundred (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 to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.
5. Notice shall be given by personal service or certified mail to the County Planning Board 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 two hundred (200') feet of a municipal boundary.
6. Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.
7. Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. 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.
8. 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 of this Chapter.
9. 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.
10. 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 Borough 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.
11. Notice pursuant to paragraphs d, 4; d, 5; d, 6 and d, 7. of this subsection shall not be deemed to be required, unless public notice pursuant to paragraphs d, 1. and d, 2. and notice pursuant to paragraph d, 3 of this subsection are required.
12. List of Property Owners Furnished. Upon the written request of an application, the Tax Assessor shall, within seven (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 this Chapter. 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 ten ($10.00) dollars shall be charged for such list.
e. Decisions.
Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.
1. Reduction to writing shall be accomplished through:
(a) A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or
(b) A resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.
(c) Where the agency fails to adopt a resolution, any interested party may apply to 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 municipality.
2. The following members shall be eligible to vote on the resolution:
(a) Where the action taken resulted from the failure of a motion to approve an application those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b) In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.
3. The following shall apply to adoption of the resolution:
(a) The vote on a resolution shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency.
(b) The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
(c) The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.
4. Copies of the decision shall be distributed by the Administrative Officer (Planning Board Secretary) as follows:
(a) A copy shall be mailed within ten (10) days of the date of decision to the applicant, or if represented then to his attorney, without separate charge.
(b) A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.
(c) A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.
5. A brief notice of the decision shall be published in the official newspaper(s) of the Borough.
(a) Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the notice whether arranged by the Borough or the applicant.
(b) Such notice shall be published within thirty (30) days of the date of decision, or twenty (20) days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board Secretary), whichever is later, or within such other appropriate period as may be determined by the Municipal Agency at the time of decision.
(c) Failure to publish as herein required shall render any approvals null and void.
f. Conditional Approvals.
1. 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.
2. 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.
3. 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.
4. The Municipal Agency may impose such other conditions as it deems appropriate.
5. 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.
6. Tolling of Running of Period of Approval. 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 shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
g. Reserved.
h. Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning 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; or 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 municipality will be adequately protected.
1. Appeals. Any interested party may appeal the decision of the Planning Board granting final approval to an application for development pursuant to N.J.S.A. 40:55D-70.d. to the Borough Council. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
j. Time for Decision. After the date an appeal is taken from the decision of a municipal officer or the sub-mission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.
k. Separation of Applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required sub-sequent approvals by the same approving authority. 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 zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise pro-vided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in paragraph j. above.
l. Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced with twelve (12) months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing and appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Section 22-4. (Ord. #1045, §3.3; Ord. #1258, §1)
