A. CONFLICTS OF INTEREST
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any person or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sign with the. Board on the hearing. of such matter and not participate in any discussion or decision relating thereto.
B. 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 scheduled shall be held as scheduled unless cancelled for lack of applications for development to process
(2) Special meetings may be provided for at the call of the chairman or at the request of any two board members, which shall be held on notice to its 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 C. 40:55D-I et seq.
(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, C.231, Laws of NJ 1975. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of C. 40:55D-9.
C. MINUTES
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board of the persons appearing by attorney, the action taken by the Board, 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 reviewing board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
D. FEES
Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board and copies of said rules or of the separate fee schedule shall be available to the public.
E. HEARINGS
(1) Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of C. 40:55D-1 et seq. or of this ordinance.
(2) 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. 1938 (C.2A-
67A1 et seq.) shall apply.
(3) Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses..
(4) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at this expense.
F. NOTICE REQUIREMENTS FOR HEARING
Whenever a hearing is required on an application for development pursuant to C. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
(1) Public notice shall be given in time for a publication date in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) Notice 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 application's land is located. Such notice shall be given by:
(a) serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property, or
(b) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership may be made by service upon any partner. Notice to the corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf. of the corporation.
(3) 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 by the given pursuant to Section 112-35F(2) to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) Notice shall be given by personal service or certified mail to the Somerset County Planning Board of a hearing on an application for development of property adjacent to an existing county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(5) Notice shall be given by personal service or certified mail to the New Jersey State Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a 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 municipal clerk pursuant to C. 40:55D 10h.
(7) All notices hereby above specified in this section shall be given at least ten days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(8) Any notice made by certified mail as herein above required shall be deemed complete upon mailing in accordance with the provisions of C.40:55D-14.
(9) All notices required to be given pursuant to the terms of this ordinance 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, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office and the location and times at which the maps and documents for which approval is sought are available as required by law. (Amended 9/14/99 by Ord. No. 3072]
G. LIST OF PROPERTY OWNERS FURNISHED
Pursuant to the provisions of C.40:55D-12C, the Department of Land Use shall, within 7 days after receipt of a request therefor and upon receipt of payment of a fee of $10.00, 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 Section 112-35F(2) of this ordinance.
H. DECISIONS
(1) Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and conclusions based thereon.
(2) A copy of the decision shall be mailed by the Board within ten days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the reviewing board who shall make a copy such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
1. PUBLICATION OF DECISION
J. APPEALS
Any party desiring to appeal the decision of the Planning Board and Zoning Board of Adjustment where they have approved or granted a variance pursuant to the provisions of Section 112-33K and Section 112-34F(8) of this ordinance may appeal to the Township Council provided such appeal shall be made within ten days of the date of publication of final decision of the Zoning Board of Adjustment or the Planning Board.
K. PAYMENT OF TAXES
Pursuant to the provisions of C.40:55D-39 and C.40:55D65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or 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.
**Webmasters Note: The previous section 112-35 (7) through the letter K has been amended as per supplement dated 12/31/99.
A. ENFORCEMENT
The provisions of this ordinance shall be administered and enforced by the code enforcement officer of the Township and such other officers as may from time to time be designated by the Mayor and Council. the police officers of the Township shall bring to the attention of the code enforcement officer any violations. In no case shall a permit be granted for the construction, alteration, repair, remodeling, conversion, removal or destruction of any building which would be in violation of any provision in this ordinance. It shall be the duty of the code enforcement officer or his duly authorized assistants to cause any building, plans or permits to be inspected and examined and to order in writing the remedying of any conditions found to exist in violation of any provisions of this ordinance, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
B. RECORDS
It shall be the duty of the code enforcement officer to. keep a record of all applications for building permits, a record of all permits issued, and a record of all certificates of occupancy, together with a notation of all special conditions involved. He shall file and safety keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for the use of the Township council or of other officials of the Township of Franklin. The code enforcement officer shall prepare a monthly report for the governing body summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereto. A copy of each such report shall be filed with the Township tax assessor at the time it is filed with the Township Council.
C. FILING PLANS
All applications for building permits shall be made in the manner prescribed in the Building Code.
D. CERTIFICATES AND PERMITS
(1) TEMPORARY USE PERMITS
It is recognized that it may be in accordance with this ordinance to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this ordinance. If such uses are of such a nature and so located that at the time of petition they will:
(a) In no way exert a detrimental effect upon the uses of the land and activities normally permitted in the zone, ,
(b) Contribute materially to the welfare of the Township, particularly in a state of emergency under conditions peculiar to the time and place involved, the Board of Adjustment may, subject to all regulations for the issuance of building permits elsewhere specified, direct the code enforcement officer to issue a permit for a period not to exceed six (6) months. Such period may be extended not more than once for an additional period of six (6) months.
(2) CERTIFICATE OF OCCUPANCY
(a) It shall be unlawful to use or permit the use of or to occupy any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly, until a certificate of occupancy has been issued for those premises.
(b) No certificate of occupancy shall be issued unless and until the street on which said building or dwelling faces is at least paved with all layers except finishing coat and all utilities have been installed, and when required, curbs and sidewalks have been installed as well. Such occupancy permit shall be granted or denied within ten (10) days from the date that a written application is filed with the Building Inspector stating that the erection or alteration is completed. In the event of a denial, the applicant shall have a right of appeal to the Mayor and Council which will set a date for the hearing, at which time the applicant shall be heard and have an opportunity to be represented by counsel and present witnesses.
(c) A duplicate copy of the certificate of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the code enforcement officer. Copies shall be furnished on request to the Planning Board or to any person having a proprietary or tenancy interest in the building or land affected.
(3) A Zoning Permit shall be required prior to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building. The Zoning Permit shall acknowledge that such use, structure or building complies with the provisions of the Zoning Ordinance or variance duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70 of the Municipal Land Use Law. There shall be no fees charged for a Zoning Permit. [Added 5/10/95 by Ord. No. 1892]
E. VIOLATIONS AND PENALTIES
(1) If, before a final approval of a subdivision has been obtained, any person who transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which by this ordinance the approving authority is required to act, such person shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each parcel, plat or lot so disposed of shall be deemed a separate violation. Any owner or agent, any person or corporation who shall violate any other provision of this ordinance or fail to comply therewith or with any of the requirements thereof, and who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be guilty of a misdemeanor and upon conviction shall be liable to a fine of not more than two hundred dollars ($200.00) or to imprisonment for not more than ninety days (90), or to both such fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation. The owner of any building or structure, lot or land, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate misdemeanor, and upon conviction therefor shall be liable to a find or imprisonment or both hereinbefore specified. In addition to the foregoing, such other remedies set forth in C.40:55D-55 shall be available to the municipality.
**Webmaster's Note: The previous two paragraphs have been amended as per a supplement dated 1998.
(2) Any individual, corporation, company, association, society, firm, partnership or other entity who shall violate any term, condition or restriction contained in any easement, or any legal restriction upon real property which shall have been created in accordance with or pursuant to any provision of the Development Ordinance of the Township of Franklin shall, upon conviction, be liable for a fine of not more than five hundred dollars ($500.00), or required to implement a restoration plan prepared by the Planning Board, or for imprisonment for not more than ninety (90) days, or collectively to such fine, restoration and imprisonment. [Added 4/27/93 by Ord. No. 1771]
