These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Marlboro. Any action taken by the Planning Board and Zoning Board of Adjustment under the terms of this chapter shall give primary consideration to the requirements of this chapter and to the welfare of the entire community.
[Amended 12-16-2004 by Ord. No. 2004-27]
A. There shall be no appeals to the Township Council of any final decision of the Planning Board.
B. In accordance with N.J.S.A. 40:55D-17, any interested party may appeal to the Township Council any final decision of the Zoning Board of Adjustment approving an application for development pursuant to Subsection d of N.J.S.A. 40:55D-70. Said appeal shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented, within 10 days of the publication of the final decision by the Zoning Board of Adjustment. The appeal shall be decided by the Township Council only upon the record established before the Zoning Board of Adjustment. The procedure for the appeal shall comply with N.J.S.A. 40:55D-17.
C. Except as permitted by Subsection B of this section, there shall be no appeals to the Township Council of any final decision of the Zoning Board of Adjustment.
[Amended 9-10-1992 by Ord. No. 21-92]
Notice of the hearing on an amendment to this chapter proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given prior to adoption in accordance with the provisions of N.J.S.A. 40:55D-62.1. A protest against any proposed amendment or revision of a zoning regulation may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.
A. Establishment and composition.
(1) A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of seven residents of the Township of Marlboro appointed by the Council to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(2) No member of the Zoning Board of Adjustment may hold any elective office or position under the Township, except that one member may be a member of the Planning Board.
(3) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(4) There shall be two alternative members appointed by the Township Council and designated by the Township Council as "Alternate No. 1" and "Alternate No. 2," each for a term of two years. Alternate members may participate in discussions of the proceedings but not vote except in the absence or disqualification of a regular member. 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.
(5) Quorum. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice. [Added 9-10-1992 by Ord. No. 21-92]
B. Zoning Board of Adjustment authority.
(1) No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zoning Plan and zoning regulations. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to this chapter, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(2) The Zoning Board of Adjustment shall have such powers as are granted by law to:
(a) Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of the zoning provisions of this chapter.
(b) Hear and decide, by majority vote, requests for interpretation of the Zoning Map or regulations or for decisions upon other special questions upon which such Board is authorized by the zoning regulations to pass.
(c) Grant, by majority vote, upon an application or an appeal relating to a specific piece of property, a variance from the strict application of the zoning regulations where, by reason of exceptional narrowness, shallowness or shape of such property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to this chapter.
(d) In particular cases and for special reasons, grant a variance to allow departure from regulations of this chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4 and § 220-4 of this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Zoning Board of Adjustment. If an application for development requests one or more variances but not a variance for one of the six purposes enumerated above, the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section. [Amended 9-10-1992 by Ord. No. 21-92]
(e) Direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a building permit is granted, provided that the approval given will as little as practicable increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. However, the Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60. [Amended 9-10-1992 by Ord. No. 21-92]
(f) Direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access to fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan. However, the Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60. [Amended 9-10-1992 by Ord. No. 21-92]
C. Appeals and applications to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the municipality based on or made in the enforcement of the zoning regulations or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such 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.
D. Referral of applications to appropriate agency. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
E. Time for approval.
(1) Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2) Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Zoning Board of Adjustment 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.
(3) An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the requirements of the applicable checklist(s) set forth in § 220-8J below. [Added 12-12-1996 by Ord. No. 38-96; amended 12-17-2009 by Ord. No. 2009-41]
F. In the granting of hardship and use variances, a time limit of one year from the date of the variance approval shall be set within which the owner shall secure a building permit, otherwise the variance granted shall be null and void. This time limit may be extended by the approving agency for good cause shown.
G. The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection B(2)(d) of this section. 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 Board of Adjustment. 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 and zoning provisions. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection E of this section shall not be required.
H. Provisions applicable to both Zoning Board and Planning Board. See also § 220-10, Provisions applicable to both Zoning Board of Adjustment and Planning Board.
I. To be considered at a regular meeting of the Zoning Board of Adjustment, a written application and supporting documents, together with the fee, shall be submitted to the Administrative Officer at least 10 days prior to the meeting and in the following quantities:
(1) Requests for relief under Subsection B(2)(a), (b) and (c) of this section: three copies.
(2) Requests for relief under Subsection B(2)(d) of this section: six copies.
(3) Requests for relief under Subsection B(2)(f) of this section: 10 copies of the application plus number of copies of supporting documents and plats as required by this chapter for the types of applications and developments involved.
J. Applicants seeking approval for bulk variances, use variances or appealing the decision of the Zoning Officer concerning an interpretation of the Code shall complete and submit the applicable Zoning Board of Adjustment applications set forth at the end of this chapter: [Added 12-17-2009 by Ord. No. 2009-41]
(1) Completeness Checklist for Bulk Variance;
(3) Completeness Checklist for Interpretation of Zoning Ordinance or Map or Decision on Special Question;
(4) Completeness Checklist for Appeal of Decision by Zoning Officer; and/or
(5) Compliance Checklist.
A. Establishment.
(1) There is hereby established in the Township of Marlboro pursuant to the Municipal Land Use Law, as amended, a Planning Board of nine members consisting of the following four classes:
(a) Class I: the Mayor or the Mayor's designee in the absence of the Mayor. [Amended 12-10-2009 by Ord. No. 2009-35]
(b) Class II: one of the officials of the Township, other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, as amended, shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(c) Class III: a member of the governing body, to be appointed by it.
(d) Class IV: six other citizens of the Township, to be appointed by the Mayor.
(2) The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. 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, as amended, shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class II member of the Planning Board.
(3) Alternate members.
(a) There shall be appointed to the Planning Board not more than two alternate members. Alternate members shall be appointed by the appointing authority for Class I members and shall meet the qualifications of Class IV members of nine-member planning boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two 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 years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(b) No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
(c) 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 should 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. [Amended 4-22-1993 by Ord. No. 11-93]
(4) Quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting upon a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Zoning Board of Adjustment, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any person or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice. [Added 9-10-1992 by Ord. No. 21-92]
B. Terms.
(1) The term of the member composing Class I shall correspond to the Mayor's 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 Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except that the term of a Class II member or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. [Amended 12-10-2009 by Ord. No. 2009-35]
(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his first Class IV term, whichever occurs first.
(3) The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly 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 terms 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.
C. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of a term, it shall be filled by appointment for the unexpired term.
D. Authority.
(1) Except where a use variance is involved as outlined in § 220-8, Zoning Board of Adjustment, the Planning Board shall approve all subdivisions, site plans, planned development applications and conditional uses which conform to the provisions of this chapter, and the owner, developer or occupant is required to request such approval.
(2) The Planning Board shall have the following authority:
(a) Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for approval of subdivision plats, site plans or conditional uses, shall have the following powers, to the same extent and subject to the same restrictions as the Board of Adjustment:
[1] Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of the zoning regulations for lot area, lot dimension, setback and yard requirements so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
[2] To direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a building permit is granted, provided the approval given will as little as practicable increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
[3] To direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection, health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan.
(b) Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for the issuance of a permit, as the case may be. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or the issuance of a permit, the Planning Board shall grant or deny approval of the application within 95 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within this period shall constitute approval of the application.
(c) The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 220-29, Conditional uses. The Board has the authority to review all aspects of a development plan simultaneously without the developer's being required to make further application to the Planning Board or the Planning Board's 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 pursuant to these provisions, notice of the public hearing shall include reference to the request for such conditional use.
(d) Hearing notices and actions taken by the Planning Board when reviewing the site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variance shall be in accordance with § 220-11, Public hearings and notices.
(e) In the event the Planning Board disapproves a development plan, no building permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedures as the original application.
(f) The Planning Board shall have the authority to permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially impair the intent and purpose of the Master Plan and zoning regulations and will substantially conform to the preliminary approval.
(g) Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or building permit in conflict with the Official Map or for a lot not related to a street, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(h) Time periods.
[1] Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
[2] An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the following checklist.
[3] Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40: 27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board 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.
A. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its membership. Both Boards shall elect a Secretary.
B. Attorney. There is hereby created the office of Planning Board Attorney and the office of Attorney to the Zoning Board of Adjustment. Each Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective Board Attorney, who shall be an attorney other than the Township Attorney. The rates, fees and total compensation to be paid to said attorneys shall be subject to the approval of the Township Council.
C. Experts and staff. The Planning Board and Zoning Board of Adjustment may employ or contract for the services of experts and other staff and services as they deem necessary, including an Assistant Secretary to perform secretarial duties. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
D. Rules and regulations. Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purpose 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:76A-1 et seq., as amended) shall apply.
E. Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
F. Meetings.
(1) Every Planning Board and Zoning Board 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. No action shall be taken at any meeting without a quorum being present.
(2) All action shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, as amended by Chapter 216, Laws of New Jersey 1979, or this chapter.
(3) 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, Chapter 231, Laws of New Jersey 1975, as amended.
G. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board and 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 Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
H. Hearings.
(1) Rules. The Planning Board and the Zoning Board of Adjustment may 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., as amended, or of this chapter.
(2) Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths or 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. 1963, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3) 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.
(4) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
(6) Fees: statutory maximums. A municipal agency, in furnishing a transcript of the proceedings 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. Said transcript shall be certified in writing by the transcriber to be accurate.
(7) Certified court reporter. If any applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
(8) Members absent for meetings: eligibility to vote. A member of a Planning Board or Zoning Board 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 absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he had read such transcript or listened to such recording.
(9) Decisions reduced to writing. Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.
(10) Denial of application. 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.
(11) Resolution of memorialization.
(a) The Planning Board and the Zoning Board may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes 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 period for rendering a decision on the application for development, 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 municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(b) 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 municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(c) 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 Subsection H of this section.
I. Zoning permits required. [Added 3-1-2001 by Ord. No. 2001-2]
(1) All fence and shed installations shall require a zoning permit prior to the start of construction. Such permit shall be issued by the Zoning Officer or his/her designee.
(2) All zoning permit applications shall be made to the Zoning Officer or his/her designee on forms provided by the office.
(3) The application fee for the zoning permit is $35 and is in addition to any required construction permit fee.
(4) Zoning permits shall be valid for a period of one year from the date of issuance.
