A. Meetings.
(1) Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2) Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the Board's members and the public in accordance with all applicable legal requirements.
(3) No action shall be taken at any meeting without a quorum being present.
(4) All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.
(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 Meetings Law, P.L. 1975, c. 231.
B. 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 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 oil-ice of the Administrative Officer. 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.
C. Hearings.
(1) Rules. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of P.L. 1975, c. 291, or of this chapter.
(2) 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 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously. Filed maps and documents.
(3) 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(4) 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.
(5) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(6) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, 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.
D. Notice requirements for hearing. Whenever public notice of a hearing is required on an application, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following: [Amended 3-11-1980 by Ord. No. 1909; 2-9-1982 by Ord. No. 2068; 4-11-1990 by Ord. No. 2729-90; 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95]
(1) Public notice of a hearing on an application shall be given for all of the following:
(a) Appeal, interpretation or variance pursuant to N.J.S.A. 40:5513-70 or any subsequent application pursuant to N.J.S.A. 40:5513-12a.
(b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:5513-34 or 40:5513-36.
(c) Conditional uses pursuant to N.J.S.A. 44:5513-67.
(d) Preliminary subdivision plats or extension of' such approval or extension of statutory guaranties.
(e) Conventional preliminary site plans which:
[1] Contain proposed buildings or proposed building additions with a total new floor area in excess of 20,000 square feet; or
[2] Contain proposed additional off-street parking areas for 100 or more vehicles.
(f) Planned development preliminary site plans or extension of such approval or extension of statutory guaranties.
(g) Extension of minor subdivision or minor site plan approval of a variance pursuant to N.J.S.A. 40:5513-70, conditional use permit pursuant to N.J.S.A. 40:5513-67 or direction for issuance of building permit pursuant to N.J.S.A. 40:5513-34 or 40:5513-36 was granted as part of the preceding application.
(h) Extension of approval or extension of statutory guaranties for any final subdivision or final site plan application.
(i) Extension of approval or extension of statutory guaranties for any preliminary site plan.
(j) Any application to the Board of Adjustment for a certificate of nonconformance pursuant to N.J.S.A. 40:5513-68.
(k) Any request to the Planning Board for a zoning change recommendation to the Township Committee.
(l) Any request to establish an aircraft landing area. [Added 8-26-19)7 by Ord. No. 3283-97]
(2) Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
(3) Notice of hearing requiring public notice pursuant to this section shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner, as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on 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 element or area located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(4) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 348-3.3D(3) of this chapter to the owners of lands in such adjoining municipality which are located within 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 200 feet of a municipal boundary.
(6) Notice shall be given by personal service or certified mall 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 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-106.
(8) Notice to local utilities, public utilities and cable television companies. Notice of hearings on applications for approval requiring public notice pursuant to Subsection D(I)(d), (e), (f), (h) and (i) above, shall be given by person service or certified mail to all local and public utilities and all cable television companies that possess a right-of-way or easement within the Township which have registered with the Administrative Officer. Said notice shall be given in the same manner as notice given to property owners to the person named on the registration form submitted.
(9) The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(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; 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.
E. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, or $.25 per name of property owner furnished, whatever amount is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to
**Webmasters Note: The subsection above E. has been amended as per Ordinance No. 3992- 06
F. Decisions.
(1) Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
(2) A copy of the decision shall be mailed by the Administrative Officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the municipal agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a reasonable fee in the amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours.
(3) A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant, and proof of publication shall be submitted to the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
G. 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 P.L. 1975, c. 291, 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 P.L. 1975, c. 291, 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 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 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.
H. 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.
[Amended 2-9-1982 by Ord. No. 2068; 9-14-1982 by Ord. No. 2116; 5-22-1984 by Ord. No. 2244-86; 6-9-1987 by Ord. No. 2494-87; 1-26-1988 by Ord. No. 2539-88; 1-26-1988 by Ord. No. 2541-88; 8-14-1991 by Ord. No. 2848-91; 12-26-1991 by Ord. No. 2881-91; 4-8-1992 by Ord. No. 2906-92; 6-28-1995 by Ord. No. 3110-95; 9-24-1996 by Ord. No. 3196-96; 9-12-2000 by Ord. No. 3551-00; 7-23-2002 by Ord. No. 3713-02; 9-28-2004 by Ord. No. 3899-04; 11-9-2004 by Ord. No. 3915-04; 12-27-2005 by Ord. No. 3980-05]
A. Application and escrow review fees.
(1) The following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (hereinafter referred collectively as "the Board"). The fee denoted as "Application Fee" shall be nonrefundable and shall be used solely to cover the administrative and overhead costs associated with the processing of the application. The fee denoted as "Escrow Review Fee" shall be utilized exclusively to cover the cost of professional reviews of the application by the engineers, planners, attorneys and other professionals retained by the respective reviewing Board and other reviewing agencies of the Township. No application may be deemed complete until all applicable nonrefundable application fees and escrow review fee deposit have been paid.
(2) All volunteer fire and first aid squads located within the Township of Dover serving the residents of the Township of Dover which are holders of tax-exempt status under the Federal Internal Revenue Code of 1954 [26C U.S.C. § 501(c) or (d)] and the Toms River Regional Board of Education, the Dover Municipal Utilities Authority, The Board of Fire Commissioners (Dover Township District Number 1 and 2), any municipal agency, the County of Ocean, the State of New Jersey and the federal government or any of their agencies are hereby exempt from the payment of any fee charged pursuant to this section.
