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) Action taken.
(a) No action shall be taken at any meeting without a quorum's being present.
(b) All actions shall be taken by majority vote of a quorum, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. 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.
(4) 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 Act, P.L. 1975, c. 231. Editor's Note: See N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
(5) When any hearing before the Board shall carry over one or more meetings, a member of the Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
B. Minutes.
(1) 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 office 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.
(2) The Secretary of the Board, or the person designated by the Board for keeping the minutes of meetings, shall, within 10 days following each meeting of the Board, submit minutes of the meeting to the Township Administrator, Township Attorney, Township Clerk, Township Engineer and all department heads.
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 N.J.S.A. 40:55D-1 et seq. 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 Board Chairman presiding at the hearing, or such person as he may designate, shall have the 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. Said transcript shall be certified in writing by the transcriber to be accurate.
D. Decisions.
(1) The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
(a) A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq., for action by the Board on the application for development; or
(b) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action, pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board 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) A copy of the decision shall be mailed by the Board Secretary 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 Board 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.
E. Notice requirements for hearing.
(1) Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing, in accordance with the following:
(a) Public notice of a hearing on an application for development shall be given for all of the following:
[2] Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
[3] Conditional uses pursuant to N.J.S.A. 40:55D-67.
[4] Preliminary major subdivision plats.
[5] Preliminary major site plans.
[6] Preliminary site plans for planned developments.
(b) 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.
(c) Giving of notice.
[1] 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 outside the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to a 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 property 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.
[2] Notice to a partnership owner may be made by service upon any partner.
[3] Notice to a corporate owner may be made by service upon its president or a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
[4] Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(d) 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 this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(e) Notice shall be given by personal service or certified mail to the Ocean 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.
(f) 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.
(g) 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-10b.
(h) The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(i) 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.
(2) Form of notice. All notices required to be given, pursuant to the terms of this chapter shall state:
(a) The date, time and place of the hearing;
(b) The nature of the matters to be considered;
(c) 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
(d) The location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
F. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners whom the applicant is required to give notice pursuant to § 244-9E(1)(c) above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. [Amended 10-27-2009 by Ord. No. 33-09]
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 Board 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 Board shall approve such application, conditioned on the 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 Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Board 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 Board is prevented or relieved from so acting by the operation of law.
(3) Whenever review or approval of the application by the Ocean 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 Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time period.
(4) Time limits within which to obtain approvals from outside agencies. When an application for development has been approved by the municipal agency subject to the conditions and approvals of outside agencies, the applicant shall have 18 months to obtain those approvals from said agencies. An extension of the eighteen-month period within which to comply with the conditions of approval imposed by the municipal agency may be granted by that municipal agency for a period of time it determines.
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.
A. The Planning Board shall adopt an administrative and technical checklist which will set forth the submission requirements for each type of application.
B. Within five business days of the date of submission of an application, the Planning Board Clerk shall review the submitted documents, fees, etc., and determine whether the application is administratively complete.
(1) If the application is administratively complete, the Clerk shall log in the application and assign a case number. The date that the application is deemed administratively complete shall be deemed to be the date of a "complete" submission for the purpose of commencing the time period for completeness review pursuant to N.J.S.A. 40:55D-10.3.
(2) If the application is deemed not to be administratively complete, the Clerk shall return the submission package to the applicant with a letter setting forth the deficiencies.
(3) If an applicant requests a waiver of one of the administrative checklist requirements, the Clerk shall, provided that the application is otherwise administratively complete, refer the waiver request to the full Planning Board for consideration. If the Planning Board grants the waiver request, the Clerk shall certify the application as administratively complete within five business days after the decision of the Planning Board. If the waiver request is denied, then the Clerk shall return the submission package to the applicant with a letter setting forth the Planning Board's denial of the waiver request.
C. Upon certification of an administratively complete application, the Clerk shall transmit the application package to the Planning Board Engineer for a technical completeness review. Said review shall be completed within 45 days of the date the application was deemed to be administratively complete.
D. Within the forty-five-day period, the Planning Board Engineer shall make a determination that the submitted documents, plans, etc., are in conformance with the technical requirements of the applicable code requirements.
(1) If the submitted plans, documents, etc., are determined to be technically complete, the Planning Board Engineer shall issue a certification of technical completeness to the applicant and shall schedule the application for a hearing on the next available agenda of the Planning Board. The Engineer shall also issue an engineering report to the applicant.
(2) If the submitted documents, plans, etc., are determined not to be technically complete, the Planning Board Engineer shall issue a deficiency letter to the applicant setting forth the technical deficiencies of the submitted documents, plans, etc., and return the application package to the applicant for revision and resubmission to the Planning Board Engineer.
(3) If the applicant requests a waiver of any technical requirements of the applicable ordinance, the Planning Board Engineer shall, provided that the plans are otherwise technically complete, submit the waiver request to the full Planning Board for a determination. If the Planning Board grants the requested waiver, the Planning Board Engineer shall certify the application as technically complete in accordance with Subsection D(1) above. If the waiver request is denied, then the Planning Board Engineer shall issue a deficiency letter to the applicant in accordance with Subsection D(2) above.
E. Following a determination of technical completeness, the Planning Board Engineer may, at his discretion, and prior to the initial public hearing, request a plan review meeting with the applicant and the applicant's professional consultants and also with other members of the Planning Board's professional staff to review the submitted plans and other documents to resolve any engineering, planning or legal issues in order to expedite the public hearing process. No member of the Planning Board shall attend the plan review meeting. Upon the conclusion of the plan review meeting, the applicant may submit revised plans or other documents prior to the public hearing, provided that said revisions are submitted at least 14 days prior to the public hearing and are on file at the Township Municipal offices for review by the public.
F. At the public hearing, the applicant and/or the applicant's professional consultants shall make a presentation to the Planning Board. The applicant shall also address to the Planning Board's satisfaction all issues contained in the various reports of the Planning Board's professional staff and other municipal agencies. At the conclusion of the applicant's presentation, the Planning Board Chairman shall, if required by the New Jersey Municipal Land Use Law and/or the Jackson Township Code, open the meeting to the general public for comments and questions.
G. After the conclusion of the public comment and question period, the Planning Board shall either:
(1) Determine that the issues raised by the Planning Board's professional staff have been fully addressed by the applicant and that the plans and other documents are in a form which would permit a final decision of the Planning Board; whereupon, the Board shall close the public hearing and refer the application to the executive caucus session of the Planning Board; or
(2) Determine that there are still unresolved issues and the plans and other documents require substantial revision; whereupon, the Planning Board shall require the applicant to further revise the plans and continue the public hearing to the next available agenda of the Planning Board for consideration of the revised plans.
H. At the executive caucus session of the Planning Board, the Planning Board's professional staff shall review the application with members of the Planning Board. Following this summary, the Planning Board members shall caucus in open public session and shall direct the Planning Board Attorney to prepare a resolution of approval or denial, which is to be read and voted upon at the next public hearing of the Planning Board. Said approval may be subject to appropriate conditions. Members of the public and the applicant and the applicant's professional staff may attend the executive caucus session and respond to questions raised by the Planning Board but may not otherwise participate in the Planning Board's deliberations.
I. At the next public hearing of the Planning Board, the Planning Board shall take formal action on the application and adopt the memorializing resolution, in accordance with the provisions of § 244-9D.
A. Development permit.
(1) Development permits shall hereafter be secured from the administrative officer:
(a) Prior to the filing of an approved subdivision;
(b) Prior to the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure;
(c) Upon a change in the use of a structure or land; or
(d) For any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground.
(2) Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
(3) Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:
(a) Access permit from the New Jersey Department of Transportation and/or Ocean County Engineering Department.
(b) Drainage permit from the New Jersey Department of Transportation.
(c) Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) Coastal Area Facility Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.
(e) Wetlands permit from the New Jersey Department of Environmental Protection.
(f) Sewage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(g) Soil disturbance permit from the Ocean County Soil Conservation District.
(h) A certificate of filing from the Pinelands Commission.
B. Certificates as to approval of subdivision of land.
(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq. may apply in writing to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2) The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in his office.
(3) Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land" and shall certify:
(a) Whether there exists in Jackson Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(4) The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
(5) Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55 and this chapter.
(6) If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55 and § 244-15 of this chapter.
(7) Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C. Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
(1) New uses.
(a) No building or structure shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use, other than one- and two-family homes, until approval shall have been received from the Jackson Township Bureau of Fire Prevention.
(b) Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Building Code.
(2) Existing uses at time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the administrative officer, after inspection, shall issue a certificate of zoning for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(3) Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the administrative officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy, and provided that the applicant has met the requirements of other applicable regulations.
(4) Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(5) Improvement required. No certificate of occupancy shall be issued until required improvements have been installed in accordance with the provisions of this chapter.
(6) Development permit required. No certificate of occupancy shall be issued for the nonresidential use of any building or structure unless a development permit shall have first been issued for the nonresidential use of such building or structure. Single-family and multifamily residential uses shall be exempt from requiring a development permit under this provision.
E. Any permit, other than a certificate of occupancy, issued in the Pinelands Area shall be subject to the application, notice and review procedures set forth in Articles III and VII of this Chapter 244.
