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 (1) of the officials of the Township other than a member of the Township Committee 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 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.
Class III. A member of the Township Committee to be appointed by it.
Class IV. Six (6) other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one (1) member may be a member of the Zoning Board of Adjustment or Landmarks Commission and one (1) 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 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Landmarks Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the 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. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
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 Class II member who is also a member of the Environmental Commission. The term of a Class II or 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 term of a Class IV members 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 Class IV term, whichever occurs 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 Township Committee, 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 January 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 (1) alternate member shall expire in any one (1) 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/she has either directly or indirectly any personal or financial interest.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23.1 from acting on a matter due to a member's personal or financial interest therein, regular members of the 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 Board of Adjustment until there are the minimum number of members necessary to constitute a quorum. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
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.
E. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
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 be either a member of the Planning Board or a municipal employee designated by it.
An Architectural Review Committee shall be selected and shall consist of three (3) members. The Architectural Review Committee shall review and recommend standards and guidelines for all new building structures or alterations to existing structures receiving site plan approval.
The Planning Board shall select three (3) members to serve on the Minor Subdivision Review Committee. The Minor Subdivision Review Committee shall review and act upon all minor subdivisions that do not require any variances.
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 Township Attorney.
H. Expenses, Experts and Staff. The Township Committee 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 of gifts or grants, the amount appropriated by the Township Committee for its use.
I. 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 (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 Township 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 and to prepare and adopt a Re-examination Report of the Master Plan and Zoning and Land Development Regulations in accordance with the provisions of N.J.S.A. 40:55D-89.
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 Township Committee 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 Township Committee 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 Township Committee 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 review municipal capital improvement projects over a term of six (6) years, and amendments thereto, and recommend same to the Township Committee 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 N.J.S.A. 40:55D-32.
c. Direction pursuant to N.J.S.A. 40:55D-35 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.
Any variance hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures, shall expire by limitation unless such construction or alteration has been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within twelve (12) months from the date of publication of the notice of the judgement or determination of the Planning Board except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to a court of competent jurisdiction, until the termination in any manner of such proceeding. The Planning Board may, for good cause, extend the time period for a period not to exceed six (6) months. In no case shall the Board grant more than two (2) such extensions. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Planning Board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this Chapter.
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 Township Committee for the aid and assistance of the Township Committee or other Township bodies, agencies, or officers.
12. The Township Committee 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. 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.
K. 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.
A. Establishment. The Zoning Board of Adjustment presently in existence pursuant to N.J.S.A. 40:55D-69 is hereby authorized to consist of seven (7) regular members and four (4) alternate members who shall be residents of the Township and appointed by the Township Committee. [Ord. No. 2007-2939]
B. Terms. The members of the Board of Adjustment shall continue until their respective terms expire. The term of each member shall be four (4) years and the term of each alternate member shall be two (2) years from January 1 of the year of their appointment, provided that the initial term of Alternate No. 4 appointed under the authority of P.L. 2004, C. 105 shall be one (1) year and thereafter two (2) years. [Ord. No. 2007-2939]
C. Alternates.
1. The Township Committee may appoint four (4) alternate members who shall be designated at the time of their appointment as "Alternate No. 1," Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." Alternate members shall meet the same qualifications as regular members.
2. Alternate members may participate in discussions of the proceedings, but may 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 members shall vote in the order of their numerical designations. [Ord. No. 2007-2939]
D. Conflicts. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality.
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.
E. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.
F. Removal. A member may, after public hearing if he requests it, be removed by the Township Committee for cause.
G. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall select a Secretary who may or may not be a Board member or another municipal employee.
The Zoning Board shall also select three (3) members to serve on the Undersized Lot Subcommittee. This Subcommittee shall review all requests for development on undersized lots. The members shall visit the site and then make a report to the Zoning Board.
H. Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Township Attorney.
I. Expenses, Experts and Staff. The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
J. Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Ordinance.
K. Powers of the Zoning Board of Adjustment.
1. The Board of Adjustment shall have the power to:
a. Hear and decide appeals where it is alleged by the appellant that there is 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 Board of Adjustment 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 fifteen (15) copies of said notice with the Secretary of the Board of Adjustment. 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 from whom the appeal is taken certifies to the Board of Adjustment 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 Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board of Adjustment 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.
(4) A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Administrative Officer.
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, or where 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 review a request for variance pursuant to N.J.S.A. 40:55D-47a.
(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:
(a) By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or
(b) By reasons of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or
(c) 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 application or 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 pursuant to N.J.S.A. 40:55D-67 and this Chapter pertaining solely to a conditional use,
(4) An increase in the permitted floor area ratio, as defined in Section 16-203 of this Chapter and N.J.S.A. 40:55D-4.
(5) An increase in the permitted density as defined in Section 16-203 of this Chapter and N.J.S.A. 40:55D-4 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.
(6) A height of a principle structure which exceeds by ten (10') feet or ten (10%) percent the maximum height permitted in the district for a principal structure.
If an application for development requests one or more variances, but not a variance enumerated in Subsection K.1.d. of this section, the decision on the requested variance or variances shall be rendered under Subsection K.1.c. of this section.
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 purpose 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 Board of Adjustment shall act.
2. 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 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 Board of Adjustment 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 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 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 (Section 16-302.K.1.d. above) shall not be required.
3. The Board of Adjustment 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 drainage way, flood control basin or public area reserved on the official map (N.J.S.A. 40:55D-32). The Board of Adjustment shall not exercise the power otherwise granted by this paragraph if the proposed development requires approval by the Planning Board of subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to this Chapter and to N.J.S.A. 40:55D-60b.
4. The Board of Adjustment 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. The Board of Adjustment shall not exercise the power otherwise granted by this paragraph 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-60c.
L. Referral. Any application to the Zoning Board of Adjustment may be referred by the Zoning Board to any appropriate person or agency, including the Shade Tree Advisory Committee and the Environmental Commission for consideration and report, provided however, that such reference shall not exceed the time within which the Zoning Board of Adjustment is required to act:
1. If such reports are not received by the Zoning Board of Adjustment within forty-five (45) days from the date or dates of such references, the Zoning Board of Adjustment may proceed to act without further delay and without reference to such reports should they be received after the expiration of such forty-five (45) day period.
2. When such a report is received from the Planning Board within forty-five (45) days, the Zoning Board of Adjustment shall take no action inconsistent therewith except by the affirmative vote of a majority of the fully authorized membership of the Zoning Board of Adjustment.
3. The report of the Shade Tree Advisory Committee, Environmental Commission or any other person or agency shall be advisory only.
M. Report. The Zoning Board of Adjustment 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 Zoning Board shall send copies of the report and resolution to the Township Committee and the Planning Board.
(Planning Board, Zoning Board of Adjustment and Township Committee).
A. Meetings.
1. Every Municipal Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Municipal Agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.
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 -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 deemed by the Board Attorney to be appropriate 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 or Board of Adjustment 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 and Zoning Board of Adjustment shall hold a hearing on each application for development.
2. Rules for Conducting Hearings. The Planning Board and Board of Adjustment 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 or Board of Adjustment 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 Township Committee may provide by Ordinance for the Municipality to assume the expense of any transcripts necessary for approval to the Township Committee 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. 2B:7-1 et seq. 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 absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) 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 hearing 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:
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. Minor site plans.
f. Preliminary major site plans.
2. Public notice shall be given by publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
3. Notice of a hearing requiring public notice pursuant to Section 16-303.D.1 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.
Notice of hearing requiring public notice pursuant to Section 16-303.D.6 shall be given to registered public entities and cable television companies in accordance with paragraph 8. of this subsection.
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 pursuant to Section 16-303.D.3 of this Chapter 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. Notice to Public Utilities.
a. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to N.J.S.A. 40:55D-12 shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with paragraph b. below, by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
b. Every public utility, cable television company and local utility interested in receiving notice pursuant to paragraph 8.a. above and N.J.S.A. 40:55D-12h shall register with the Township if the public utility, cable television company or local utility has a right-of-way or easement in the Township. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
c. The Tax Assessor shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to paragraph b. of this section. The registration form shall include the name, address and position of the person to whom notice shall be forwarded, as required pursuant to paragraph 8.a. above. The information contained therein shall be made available to the applicant, as provided in N.J.S.A. 40:55D-12c.
d. A registration fee of ten ($10.00) dollars shall be paid by any public utility, cable television company or local utility which registers to receive notice pursuant to paragraph 8.b. above.
9. 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 Section 16-303.D of this Chapter.
10. 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.
11. 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 Township 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.
12. Notice pursuant to subsections D.4., 5., 6., 7., and 8. of this section shall not be deemed to be required, unless public notice pursuant to Subsections 1. and 2. and notice pursuant to subsection D.3. of this section are required.
13. List of Property Owners Furnished. Upon written request the Administrative Officer (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 Section 16-303.D.3. of this Chapter. In addition, the Tax Assessor shall include on the list of names, addresses and positions of those persons who, not less than seven (7) days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to paragraph 8 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 or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A fee of twenty-five ($0.25) cents per name, or ten ($10.00) dollars, whichever is greater, 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 pursuant to Section 16-303A.4. of this Chapter, 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 or Board of Adjustment 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 Township.
a. Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment 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 Township 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 or Board of Adjustment 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, including but not limited to those enumerated in Article 6 of this Chapter, 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.
G. 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.
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 or to the Zoning Board of Adjustment 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.
I. Time for Decision. After the date an appeal is taken from the decision of a Municipal Officer or the submission 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 (1) type of application is involved, the longer time period shall apply.
J. Separation of Applications. A developer whose proposed development requires a use 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 subsequent 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 and this Chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the Chapter 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 subsection I. above.
K. Notice Requirement for Hearing Regarding a Change of Zoning Designation. At least ten (10) days prior to the hearing date, a notice of the public hearing at which a request for a change of zoning designation is to be heard shall be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within the area for which the change of zoning designation is requested and to all owners of real property within two hundred (200') feet of the area for which the change of zoning designation is requested. Where the change of zoning designation is related to the designation of an historic landmark or historic district, only those owners of real property within the area for which the change of zoning designation is requested shall be noticed.
1. The notice shall state the date, time and place of the hearing, shall describe the area for which the change of zoning designation is requested and shall include a map showing the area, clearly delineating the streets included and the boundary of the area, and shall, include a statement of the current zoning and the proposed zoning.
2. A sign stating that a change of zoning designation is requested shall be erected on the property that is the subject of the request. The sign shall clearly state:
a. The change in the zoning designation that is being requested and shall list the current zoning and the proposed zoning;
b. The name of the applicant initiating the request; and
c. The name and phone number of the Township Office where information is available.
Where a property has more than one street frontage, a sign shall be placed on each frontage located so that it is easily readable from the adjoining street. This sign shall measure at least two (2') feet by three (3') feet.
3. The applicant shall file an affidavit of proof of service with the Township Clerk certifying that proper notice in accordance with the requirement of this Ordinance has been given.
4. Nothing in this subsection shall be construed to reduce or limit the public notice required by law. Notice under this Ordinance shall be given in addition to that otherwise required.
5. Where the change of zoning designation is initiated by the Township or any one of its agencies, the Township shall be required to provide notice as required herein for areas of up to one hundred (100) acres. The Township shall not be required to give notice for areas in excess of one hundred (100) acres or where the change of zoning designation is part of a general adoption, readoption or revision of the Planning and Development Regulations Ordinance.
6. The Township shall not be required to post any signs on any property for which it has initiated the change of zoning designation.
