SCHEDULE C - ZONING BOARD OF ADJUSTMENT



To complete application, after the filing of the application form, the application fee and the plot plan or survey, the following forms must be submitted to the Board Secretary at least seven days prior to the hearing



1 One sample copy of the Notice of Hearing



2 Affidavit of proof of Service and certified or registered mail receipts if notices are not hand delivered



3 Affidavit of Ownership (if applicable)



4 List of Property Owners Served (if certified list is received from the Tax Assessor, submit both lists)



5. Affidavit of Publication from New Jersey Herald



6. Certification from Tax Collector that taxes have been paid.



7 Septic systems permits (if applied for and received)



§15-3.9 Decisions



a 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 legal conclusions based thereon



b 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 township clerk, who shall make a copy of 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 township



c. The municipal agency 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 municipal agency shall provide the findings and conclusions through,



1. A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development, or



2 A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval Only the members of the municipal agency 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 municipal agency and not to be an action of the municipal agency, 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 under subsection 15-4 10 If the municipal agency falls 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 municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality



d. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above notwithstanding the time at which the action occurs within the applicable time period for rendering a decision on the application



§15-3.10 Publication of Decision.



A brief notice of every final decision shall be published in the official newspaper of the township Such publication shall be arranged by the secretary of the planning board or zoning board of adjustment, as the case may be, without separate charge to the applicant The notice shall be sent to the official newspaper for publication within ten days of the date of any such decision



§15-3.11 Payment of Taxes



Pursuant to the provisions of C 40 55D-39 and C 40 55D-65, every application for development submitted to the planning board or 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 the 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 township will be adequately protected



§15-3.12 Disclosure of Ownership by Corporation or Partnership.



a. A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least ten percent of its stock of any class, or at least ten percent of the interest in the partnership, as the case may be.



b If a corporation or partnership owns ten percent or more of a stock of a corporation, or ten percent or greater interest in a partnership, subject to disclosure pursuant to paragraph a of this subsection, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent or more of its stock, or of ten percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten percent ownership criterion have been listed



§15-3.13 Conditional Approvals.



a. Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval



b The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner Only upon fulfillment of all conditions shall any subdivision map or site plan be assigned or any required building permit, occupancy permit or zoning permit be issued



c. Conditions subsequent Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled

d Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application an extension of time for fulfilling a condition for good cause shown



e . The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.



§15-3.14 Default Approvals,



Applicant's Obligations An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason of the failure of a municipal agency to grant or deny approval within the time periods specified in the Municipal Land Use Law and this chapter



a Applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development. but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to subsection (a) of N.J.S.A. 40 55D-12b. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality



b The applicant shall file an affidavit of proof of service and publication with the secretary of the planning board or zoning board of adjustment as the case may be.