Township of Manchester, NJ Administrative Procedures

Class I. The Mayor or the Mayor's designee in the absence of the Mayor.

Class II. One of the officials of the Township other than a member of the Township Council to be appointed by the Mayor; providing 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, Environmental Commissions, shall be deemed to be the Class II Planning Board member if there is both a member of the Board of Adjustment and a member of the Board of Education among the Class IV or alternate members of the Board.

Class III. A member of the Township Council to be appointed by it.

Class IV. Four 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. For the purposes of this section, membership on a Township 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.

Terms. The term of the member composing Class I shall correspond to the Mayor's, or if the member is the Mayor's designee, in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or 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 shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointments; 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 years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment is made.

[Amended 2-22-1999 by Ord. No. 99-001; 2-9-2015 by Ord. No. 15-001]

Alternate members.

[Amended 2-22-1999 by Ord. No. 99-001]

The Mayor shall appoint two alternate members. Alternate members may consist of an alternate member of Class II, one may be an alternate member of Class III, or two alternate members of Class IV. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Township Council for cause.

Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by the Township Council in Subsection A above pursuant to N.J.S.A. 40:55D-23. 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.

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.

Organization of Planning Board.

[Amended 2-22-1999 by Ord. No. 99-001]

The Planning Board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who may or may not be a member or alternate member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member shall not serve as chairman or vice chairman of the Planning Board.

The Planning Board may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The governing body shall make provision in its budget and appropriate funds for the expenses of the Planning Board.

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 Municipal Attorney.

Planning Board Engineer. There is hereby created the office of the Planning Board Engineer. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Engineer, who may be the Municipal Engineer.[1]

[Amended 2-22-1999 by Ord. No. 99-001]

Editor's Note: Original Sec. 35-10.1h, regarding experts and staff for the Planning Board, which previously followed this subsection, was deleted 6-14-2010 by Ord. No. 10-012. See now § 245-10E(2).

Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

[Amended 2-22-1999 by Ord. No. 99-001]

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 chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigation Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

Powers and duties, generally, of Planning Board. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

[Amended 2-22-1999 by Ord. No. 99-001]

To make and adopt and from time to time amend a master plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28;

To administer the provisions of the Manchester Township Municipal Land Use and Development Regulations Chapter;

To approve conditional use applications in accordance with provisions of this chapter as permitted by N.J.S.A. 40:55D-1 et seq.;

To participate in the preparation and review of programs or plans required by state or federal law or regulations;

To assemble data on a continuing basis as part of the continuous planning process;

To annually prepare a program of municipal capital improvement projects projected over a period of six years and amendments thereto, and recommend same to the Township Council;

To consider and make a report to the Township Council within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(b);

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, the following:

Variances pursuant to the provisions of N.J.S.A. 40:55D-70 from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

Direction pursuant to the provisions of N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway.

Direction pursuant to the provisions of N.J.S.A. 40:55D-36 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.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies or officers.

To grant exceptions from the regulations and requirements of subdivision and site plan approval as set forth in N.J.S.A. 40:55D-51.

Lack of quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A. 40:55D-23.1 from acting on a matter due to the 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 a 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 regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

§ 245-11 Board of Adjustment.

[Amended 2-22-1999 by Ord. No. 99-001]

Establishment. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 consisting of seven regular and two alternate members appointed by the Mayor to serve terms of four years. All regular and alternate members shall be municipal residents of the Township of Manchester.

Terms and requirements of members. The terms of the members first appointed shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial term of no regular member shall exceed four years. Thereafter, the term of each regular member of the Zoning Board of Adjustment shall be four years and shall run from January 1 of the year in which the appointment was made. Present members of the Board of Adjustment shall continue in office until the completion of the term for which they were appointed. No regular or alternate members of the Zoning Board of Adjustment may hold any elective office or position under the municipality. No regular or alternate member of the Board of Adjustment shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.

[Amended 2-9-2015 by Ord. No. 15-001]

Alternate members. The Mayor shall appoint two alternate members to the Zoning Board of Adjustment. The term of each alternate member shall be two years. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment established by the Township Council pursuant to N.J.S.A. 40:55D-69. A vote shall not be delayed so a regular member may vote instead of an alternate member. In the event that a choice must be made which alternate member is to vote, Alternate No. 1 shall vote.

Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

Organization. The Zoning Board of Adjustment shall elect a chairman and vice chairman from its members and shall also select a secretary, who may or may not be a Board member or a municipal employee.

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 Municipal Attorney.

Experts and staff. 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 Council for its use.

Powers and duties, generally, Board of Adjustment. The Board of Adjustment shall have the power to:

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 Officer based on or made in the enforcement of this chapter;

Hear and decide requests for interpretation of the zoning map or this chapter, or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map ordinance, in accordance with N.J.S.A. 40:55D-1 et seq.;

Lot variance.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to N.J.S.A. 40:55D-62 et seq. would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;

Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter or the purposes of the Educational Facilities Construction and Financing Act (N.J.S.A. 18A:7G-1 et seq.) would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in Subsection I(4) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has the power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a; and[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Use variance.

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq. to permit:

A use or principal structure in a district restricted against such use or principal structure;

An expansion of a nonconforming use;

[3]

Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use;

[4]

An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;

[5]

An increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or

[6]

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

A variance under this subsection shall be granted only by affirmative vote of at least five members.

If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection I(4) above, the decision on the requested variance or variances shall be rendered under Subsection I(3) above.

No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and this chapter.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

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 drainageway, flood control basin or public area reserved on the official map. The Board of Adjustment shall not exercise the power granted by this subsection 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-60b.

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 granted by this subsection 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.

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 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d.

Report on variance applications, amendment recommendations. The Board of Adjustment shall, at least once a year, review its decisions 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 Board of Adjustment shall send copies of the report and resolution to the Township Council and Planning Board.

§ 245-12 Applicant's general submission procedures; fees.

All applicants shall comply with the following procedures:

Applications for relief from ordinance regulations. Any form of relief as provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., shall be commenced by filing one original and six copies of a complete application form as defined herein with the Administrative Officer. The application form shall, in the case of a variance, be accompanied by nine sets of drawings as set forth in Article VII of this chapter. The application form shall, in the case of a request for preliminary and/or final subdivision and/or site plan approval, be accompanied by 20 sets of drawings as set forth in Article V and/or Article VI of this chapter. In any event, all applications shall be accompanied by the requisite fees as hereinafter provided to determine completeness. Nothing herein shall preclude an applicant from requesting multiple forms of relief including but not limited to combination preliminary and final applications.

Application for development form. There is hereby established the following form to be used to commence all requests for relief pursuant to this chapter.[1]

Editor's Note: The Application for Development before the Zoning Board of Adjustment and the Planning Board is included as Appendix 7, an attachment to this chapter.

Fees.

Fee schedule. Fees for development applications and related development activities are hereby adopted in accordance with the following Fee Schedule, Schedule 1.

[Amended 11-27-2000 by Ord. No. 00-040; 12-13-2004 by Ord. No. 04-042; 7-9-2007 by Ord. No. 07-029; 3-10-2008 by Ord. No. 08-011; 6-14-2010 by Ord. No. 10-012; 6-25-2012 by Ord. No. 12-015; 6-24-2013 by Ord. No. 13-005; 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010; 12-10-2018 by Ord. No. 18-033]

Township of Manchester Schedule 1 Fee Schedule
Each developer shall, at the time of filing an application, pay a nonrefundable fee to the Township of Manchester by cash, check or bank draft in accordance with the current fee schedule adopted by the Township Council on file in the Township Clerk's office. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as preliminary and final subdivision, site plan and/or variances, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs otherwise covered by this section. However, the actual payment to the Township shall be in the form of two separate checks in the following amounts:

Township of Manchester

Schedule 1

Fee Schedule

Each developer shall, at the time of filing an application, pay a nonrefundable fee to the Township of Manchester by cash, check or bank draft in accordance with the current fee schedule adopted by the Township Council on file in the Township Clerk's office. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as preliminary and final subdivision, site plan and/or variances, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs otherwise covered by this section. However, the actual payment to the Township shall be in the form of two separate checks in the following amounts:

Application Type				Application Fee	Escrow Amount
A.	Street vacation application and review of street vacation			$500	0
B.	(Reserved)
C.	Administrative approval application			$150	$500
D.	Subdivision approval
	1.	Concept plan/informal review		$150	$500
	2.	Minor subdivision		$150	$1,000
	3.	Preliminary major subdivision		$250 + $5/lot	Number of Lots		Escrow
					1 to 10		$500 + $200/lot (unit)
					11 to 24		$2,500 + $150/lot (unit)
					25 to 49		$6,100 + $100/lot (unit)
					50 to 149		$11,000 + $75/lot (unit)
					150 to 499		$22,175 + $50/lot (unit)
					500 +		$47,125 + $25/lot (unit)
	4.	Final major subdivision		$125	50% of preliminary application escrow amount
E.	Site plan approval
	1.	Concept plan/informal review		$150	$500
	2.	Minor site plan		$200	$1,000
	3.	Preliminary major site plan:
		a.	Residential	$500	See "Subdivision approval, preliminary major subdivision" (Item D3)
		b.	Nonresidential	$500	Site Plan Area (acres)	Escrow
					Less than 0.5	$1,000
					0.5 to 2.49	$1,000 + $200 per acre
					2.50 to 9.99	$1,500 + $175 per acre
					10.0 to 24.99	$3,250 + $150 per acre
					25 or more	$7,000 + $100 per acre
					Building Area (square feet)	Escrow
					Less than 5,000	$1,000
					5,000 to 19,999	$1,000 + $0.15 per sf
					20,000 to 49,999	$4,000 + $0.10 per sf
					50,000 to 99,000	$9,000 + $0.07 per sf
					100,000 or more	$16,000 + $0.05 per sf
	4.	Final major site plan		$500	50% of preliminary escrow amount
	5.	Escrow amount special factor			Multiply total of site area and building area by:
					Extremely circulation intensive: parking ratios above 6/1,000 square feet, major drive-through facilities, grade-separated access, multiple overlapping uses, transit or major truck facilities		1.50
					Very highly circulation intensive: parking ratios above 5/1,000 square feet, drive-through facilities, signals or similar traffic controls, more than one use, significant loading facilities		1.25
					Highly circulation intensive: Parking ratios above 4/1,000 square feet, multiple access points, multiple occupancies		1.10
F.	Appeals of decision by administrative officials to Board of Adjustment
	1.	Single- and/or two-family residential uses		$50	$100
	2.	Other uses		$75	$250
G.	Interpretation of the Land Use and Development Regulations or Zoning Map by Board of Adjustment			$50	$250
H.	Variances
	1.	Hardship or bulk variances
		a.	Single- and two-family residential (in-ground pools, detached garages, decks, sheds, fences, etc.)	$250	0¹
		b.	Vacant undersized/ nonconforming lots	$250	$3,500¹
		c.	Multifamily or commercial	$750	$2,000¹
	2.	Variances per N.J.S.A. 40:55D-70d
		a.	Single- or two-family residential	$250	$1,500¹
		b.	Multifamily or commercial	$500	$3,500¹
		c.	Uses other than a. or b. above with floor areas totaling 5,000 square feet or less	$300	$750
		d.	Uses other than a. or b. above with floor areas totaling more than 5,000 square feet	$500	$3,500
		e.	Mixed uses: Proposals for mixed uses shall pay a fee equal to the sum of the fee for each element	$0	$3,500
I.	Variance for frontage on unimproved street (Board of Adjustment)			$50	$750
J.	Building permit in conflict with official map or building permit for but not related to a street			$100	$0
K.	Conditional uses			$250	$750
L.	Request for extension of time
	1.	Minor subdivisions		$50	$200
	2.	Minor site plans		$75	$200
	3.	Major subdivisions and site plans		$100	$350
M.	List of adjacent property owners			$0.25 per name or $10, whichever is greater	0
N.	Copy of Land Use and Development Ordinance			$65	0
O.	Zoning permit				Base fee: $25 for the first structure or building for which a permit is required pursuant to § 245-22B and is not specified below; $10 for each additional structure or building.
	1.	Signs		$25
	2.	New homes and replacement of mobile homes		$100
	3.	Tree removal		$75
P.	Temporary permit			$25	0
Q.	Fence permit			$25	0
R.	Copy of Township Master Plan			$100	0
S.	Copy of Zoning or Master Plan Map (24" x 36")				0
	1.	Black line		$10
	2.	Color		$25
T.	Copy of Zoning or Master Plan Map (11" x 17")				0
	1.	Black line		$3
	2.	Color		$5
U.	Tax Map Revisions (includes lot subdivisions and consolidations and individual condominium parcels)			0	$500 plus $75 per lot subdivision or consolidation and individual condominium parcel
V.	Special meeting			$2,000	0
W	Other engineering review²
	1.	For minor modification		$200
	2.	Preapplication concept review for development		$0	$350

NOTES:
¹	Plus $150 per each additional bulk variance
²	Minor modifications include any items for which the Township Zoning Officer/Code Enforcement Official requires the input of the respective Board Engineer or Township Engineer. A preapplication concept plan review can be requested by a potential applicant and is an informal meeting of the applicant with the Township Zoning Officer and the Board/Township Engineer.

Payment for professional and staff costs.

Professional and staff charges, costs and method of determination. The Township shall make all of the payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon the Fee Schedule adopted by resolution of the Council. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The Township shall not bill the applicant or charge any escrow account or deposit authorized under Subsection C(2)(b) of this section for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying: the hourly base salary, which shall be established annually by ordinance, of each of the professionals; by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the Township when the fees are not reimbursed or otherwise imposed by on applicants or developers.

Escrow deposit. The developer shall make a deposit with the Township toward anticipated municipal expenses for these professional services. Such deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit shall be as set forth on the Fee Schedule.

Escrow payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements, shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service is performed, the hours spent to one-quarter increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer simultaneously to the applicant. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. The information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If the escrow account or deposit contains insufficient funds to enable the Township approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipal approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Escrow closeout procedures. The following closeout procedure shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Township Council addressed in care of the Township Clerk, and by regular mail to the relevant municipal professional and the Chief Financial Officer, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

[Amended 12-13-2004 by Ord. No. 04-042]

Professional charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.

(f)

If the Township retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such service.

Township Engineer to estimate cost of installation of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127.

Applicant notification on dispute of escrow charges; appeals; rules, regulations. An applicant shall notify, in writing, the Township Council, with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. The Township Council, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

Processing during appeals. During the pendency of any appeal, the Township or approving authority shall continue to process, hear, and decide the application for development, an to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing or subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any approval or permit because an appeal has been files or is pending under this section. The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.

Determination of completeness. Upon receipt of a favorable determination of completeness, notification of hearing date, and notification of appropriate Board, the applicant shall submit the requisite fees for the type of relief requested by the applicant and give notice in all cases as hereinafter provided.

Notice of applications.

Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d. of N.J.S.A. 40:55D-52; for modification or elimination of a significant condition or conditions in memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption requires public notice, conventional site plan review pursuant to N.J.S.A. 40:55D-46, and for any other applications for development, with the following exceptions: minor site plan review pursuant to N.J.S.A. 40:55D-46.1 and as defined in this chapter; minor subdivisions pursuant to N.J.S.A. 40:55D-47 and as defined in this chapter or final approval pursuant to N.J.S.A. 40:55D-50. Public notice shall also be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice. 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 of the Township.

[Amended 2-22-2021 by Ord. No. 21-08]

Notice of public hearing.

Notice of a public hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicates, and within 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 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. Notice shall be given by: serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or 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 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 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 a hearing requiring public notice pursuant to Subsection E(1) above shall also be given to public utilities and cable television companies in accordance with Subsection E(7) below.

Notice of hearings for 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 the municipality.

Notice shall be given by personal service or certified mail to the Ocean County Planning Board of a hearing on an application for development of property adjacent to a county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situate within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.

Notice to public utilities.

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 Subsection E(1) above shall be given in the case of a public utility, cable television company or local utility which possess a right-of-way or easement within the Township and which has registered with Manchester Township in accordance with Subsection E(7)(b) below, by: 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 mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on the form.

Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection E(7)(a)above and N.J.S.A. 40:55D-12h, may 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.

The Administrative Officer (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 Subsection E(7)(b) above. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection E(7)(a) above and N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in Subsection F and N.J.S.A. 40:55D-12c.

A registration fee of $10 shall be required for any public utility, cable television company or local utility which registers to receive notice pursuant to Subsection E(7)(b) above.

All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

(9)

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.

(10)

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 as required by law.

List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer, i.e., the Tax Assessor, shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name, whichever 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 Subsection E(2). In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered pursuant to Subsection E(7). The applicant shall be entitled to rely upon the information contained in such list, and the 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.

§ 245-13 Approving agency submission procedures.

Determination of completeness. Upon initial submission, 20 copies of the application form and the requisite accompanying documents shall be submitted to the Board Secretary/Coordinator, who will forward two copies of the documents to the Township Engineer for determination of completeness pursuant to this chapter. Should the application be deemed complete, said completeness shall be considered preliminary and final completeness shall be granted. An electronic or digital copy may be requested by the Board upon completion. The date of the determination of both preliminary and final completeness shall be recorded on the application form and the application shall be heard within the time provided in this chapter as measured from the date the application is granted final complete status.

[Amended 9-13-2010 by Ord. No. 10-023]

Determination of appropriate board. At the same time as the Township Engineer determines preliminary completeness, he shall also designate either the Manchester Township Planning Board or the Manchester Township Zoning Board of Adjustment to review the application. At the time of final completeness, the application and accompanying papers shall be referred to the Manchester Township Planning Board Secretary or the Manchester Township Zoning Board of Adjustment Secretary. All applications shall then be reviewed and decisions rendered within the time limits provided in this chapter or N.J.S.A. 40:55D-1 et seq.

Distribution of application. Upon a determination as to which approving agency is to hear the application, the Administrative Officer shall forward the number of copies as provided of the application and accompanying documents to the following entities:

Two sets: Board Secretary.

Nine sets: Board members.

One set: Board Attorney.

One set: Environmental Commission.

One set: Township Clerk.

One set: Director of Public Works.

One set: Tax Assessor.

One set: Zoning Officer.

(9)

One set: Engineering Department.

(10)

One set: Police Department.

(11)

One set: Building Department.

(12)

One set: Utilities Department.

Conduct of hearings.

Oaths. The Officer presiding at the hearing or such persons 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 production of relevant documents presented by the parties. The provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67 et seq., shall apply.

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 limitation as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Hearing recordings and transcripts. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronical means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.

[Amended 2-22-1999 by Ord. No. 99-001]

County Planning Board approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the approving 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.

Payment of taxes. Whenever an application for development involves real estate upon which taxes, assessments, or municipal charges have not been satisfied, the approving agency shall condition any approval of such application on the satisfaction of taxes, assessments, or municipal charges within 10 days of publication of the approving agency's decision.

Administrative procedures, rules, regulations, and standards. Requirements shall be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Manchester in the County of Ocean. Any action taken by an approving agency under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. Any application which does not meet with the requirements established by this chapter or by other applicable regulations shall not be approved by the approving agency. However, if the developer or his agent can clearly demonstrate that, because of peculiar condition pertaining to his land the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving agency may grant such relief as may be reasonable within the general purpose and intent of the rules, regulations and standards established by this chapter and within N.J.S.A. 40:55D-1 et seq.

Decisions by Planning Board and Board of Adjustment.

Voting conditions. A member of the Planning Board or Board of Adjustment who was absent for one or more of the meetings at which a hearing was held or was not a member of the Board at that time, 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 the transcript or recording of all of the hearing from which he was absent or was not a member, and certifies in writing to the board that he has read such transcript or listened to such recording.

[Amended 2-22-1999 by Ord. No. 99-001]

Resolutions. Each decision on any application for development shall be set forth in writing as a resolution of the Board. 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:

[Amended 2-22-1999 by Ord. No. 99-001]

A resolution adopted at a meeting held within the time period provided for action by the Board on the application for development; or

A memorializing resolution adopted at a meeting held not 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 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. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. 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 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-10h and i. 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 municipal 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.

Distribution of decision. A copy of the decision shall be mailed by the Board within 10 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 services. 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 for a reasonable fee calculated in the same manner as those established for copies of other public documents in the Township.

[Amended 6-14-2010 by Ord. No. 10-012]

Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be the responsibility of the applicant, except in cases where the relief sought by the applicant is denied, in which case it shall be the responsibility of the Secretary of the Planning Board or Board of Adjustment, as the case may be. Said notice shall be sent to the official newspaper for publication within 10 days of the date of such decision and an affidavit of publication shall be provided to the Planning Board or Zoning Board of Adjustment by the applicant, at the applicant's expense, prior to the final execution of any plans or resolutions pursuant to a decision which requires publication.

Appeals to the governing body from the Board of Adjustment. Any interested party may appeal to a court of competent jurisdiction any final decision of the Board of Adjustment approving an application pursuant to N.J.S.A. 40:55D-70d.

[Amended 7-9-2012 by Ord. No. 12-016]

Signing of maps. Upon the satisfaction of all conditions in the resolution of approval, the chairperson of the approving agency shall sign the map noting the approval and its date.

Changes in improvements. If the approving agency requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, and which would render the original application inaccurate, an amended application for development shall be submitted and proceeded upon, as in the case of the original application, including the requisite fees.

Filing subsequent to approval.

[Amended 4-25-2005 by Ord. No. 05-014]

Minor subdivisions. Subsequent to the approval and signing of the maps, two reproducible and six black on white prints of the final plat shall be filed with the Board Secretary/Coordinator, who shall forward copies to the following officials:

Chief, Bureau of Inspections.

Approving agency engineer.

Approving agency secretary.

Department of Public Works.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Tax Assessor.

(f)

Zoning Officer.

Major subdivisions/major and minor site plans. Subsequent to the approval and signing of the maps, two reproducible and eight black-on-white prints of the final plat shall be filed with the Board Secretary/Coordinator, who shall forward copies to the following officials:

Chief, Bureau of Inspections.

Approving agency engineer.

Approving agency secretary.

Department of Public Works.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Tax Assessor.

(f)

Zoning Officer.

(g)

Township Engineer (two).

§ 245-14 Time limits.

The following determination shall be made by the appropriate agency within the time periods provided herein:

Completeness. By the Township Engineer 45 days from the date of submission to the Administrative Officer.

Decision of Administrative Officer. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by an officer, department, board, or bureau of the Township affected by any decision of the Administrative Officer or Zoning Officer based on or made in the enforcement of this chapter or the Official Map. Each appeal shall be taken within the 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 and thereafter following the application for development procedure found herein. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Minor subdivisions.

Minor subdivisions shall be granted or denied within 45 days of the submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period within the period prescribed shall constitute minor subdivision approval and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on the request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township Planning Board 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 period.

Except as provided in Subsection C(5) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the Planning Board and the Township Engineer.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this section.

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C(3) if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to be the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later.

Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the approving agency shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developers. Otherwise, the approving agency shall be deemed to have granted preliminary approval for the subdivision.

Final subdivision approval.

Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer.

The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Planning Board may extend the one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board: that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

Approval of a site plan.

Minor site plan. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer, or within such further time as consented to by the applicant. Failure of the Planning Board to act within the prescribed time shall constitute minor site plan approval. The approval of a minor site plan shall not require notice of a public hearing pursuant to N.J.S.A. 40:55D-12. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, -39, -41 and -53. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning Board 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. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of the minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

Preliminary site plan. Upon submission of a complete application for a site plan of 10 acres or less, the approving agency shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as consented to by the developer. Upon submission of a complete application for a site plan of more than 10 acres, the approving agency shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as consented to by the developer. Otherwise, the approving agency shall be deemed to have granted preliminary approval for the site plan.

Final site plan. Application for final site plan approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Otherwise, the approving agency shall be deemed to have granted preliminary approval for the site plan.

Time limits for ancillary powers of approving agency. Whenever the approving agency is called upon to exercise its ancillary power before the granting of a variance as set forth in this chapter, the approving agency shall grant or deny approval of the application 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the approving agency to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the approving agency to act shall be issued on request of the applicant.

Time limits for governing body reviews of appeals. The Township Council shall conclude its review of the record below and reach its decision within 45 days of receipt of the transcript.

Effect of preliminary and final subdivision or site plan approval. The preliminary subdivision or preliminary site plan approval shall have the effect set forth in N.J.S.A. 40:55D-49; a final subdivision or final site plan shall have the effect set forth in N.J.S.A. 40:55D-52; a development which has been given preliminary or final approval prior to the effective date of this chapter, shall be governed by the development, zoning and planning standards in effect at the time of preliminary approval.

§ 245-15 Conduct of regular business of approving agency.

Meetings.

Meetings of the approving agencies shall be scheduled no less often than once a month and any meetings so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be provided for at the call of the chairman or on 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.

No action shall be taken by less than a majority vote of members present as required by any provision of N.J.S.A. 40:55D-1 et seq.

All regular meetings and 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, N.J.S.A. 10:4-6 et seq. 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 N.J.S.A. 40:55D-9.

Minutes. Minutes of all meetings shall be kept and shall include names of the persons appearing and addressing the Board and 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 Township Clerk. 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.

Conflicts of interest. No member of the Planning Board or Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matters nor participate in any discussion or decision relating thereto.

§ 245-16 Amendments to land use and development regulations; notice; protest.

Amendments to Municipal Land Use and Development Regulations Chapter. The Township Council may, from time to time, on its own motion, or on petition, after public notice and hearing, amend, supplement, or change regulations and districts established by the Manchester Township Municipal Land Use and Development Regulations Chapter.

Notice of hearings on amendments to land use and development regulations.

Notice of a hearing on an amendment to the zoning regulations and Zoning Map proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given at least 10 days prior to the hearing by the Township Clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.

A notice pursuant to this section shall state the date, time, and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office.

Notice shall be given by: serving a copy thereof of the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.

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 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to units owners, co-owners, or homeowners on account of such common elements or areas.