A.
Establishment; composition. There is hereby established
pursuant to P.L. 1975, c. 291,[1] in the Township of North Brunswick, a Planning Board of
nine members and two alternates, consisting of the following four
classes:
[Amended 1-16-1984; 1-17-1995]
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II: one of the officials of the Township other
than a member of the Mayor and Council, to be appointed by the Mayor.
(3)
Class III: a member of the Mayor and Council, to be
appointed by it.
(4)
Class IV: six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment and one may be a member of the Board
of Education.
(5)
Alternate members: two alternate members, to be appointed
by the Mayor. These members shall meet the qualifications of Class
IV members and shall be designated at the time of appointment by the
Mayor as "Alternate No. 1" and "Alternate No. 2."
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Terms.
[Amended 1-16-1984]
(1)
The term of the member composing Class I shall correspond
to the Mayor's official tenure, 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. 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 appointed pursuant to this chapter 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, as determined by resolution of the Municipal Council;
provided, however, that no term of any member shall exceed four years,
and further provided that nothing herein shall affect the terms of
any present members of the Planning Board, all of whom shall continue
in office until the completion of the terms for which they were appointed.
Thereafter, all Class IV members shall be appointed for terms of four
years except as otherwise herein above provided.
[Amended 1-17-1995]
(2)
All terms shall run from January 1 of the year in
which the appointment is made.
(3)
The terms of the alternate members shall be two years,
except that the terms of the alternate members shall be such that
the terms 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 appointing authority, the Mayor, for the unexpired term only.
(4)
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
(5)
Alternate members may participate in discussions of
the proceedings but may not vote, except in the absence or disqualification
of a regular member of any class. 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.
[Amended 1-17-1995]
C.
Vacancies. If a vacancy in any class shall occur otherwise
than by expiration of a term, it shall be filled by appointment as
above provided for the unexpired term.
D.
Organization. The Planning Board shall elect a Chairman
and Vice Chairman from a member of Class IV and select a Secretary,
who may be either a member of the Planning Board or such other Township
employee designated by it.
E.
Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint and 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.
F.
Experts and staff. The Planning Board may employ or
contract for the services of experts and other staff and services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the Mayor and Council
for its use. The Board may also employ experts to study, review and
provide testimony on elements of a specific development application
should it be determined that such additional professional expertise
is necessary for the Board to make a judgment on an application. The
cost of such professional services shall be paid by the applicant
to the Township Treasurer and shall be placed in the appropriate account.
[Amended 5-17-1982]
G.
Powers and duties. The Planning Board is authorized
to adopt bylaws governing its procedural operation. It shall also
have the following powers and duties:
(1)
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 of North Brunswick,
in accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the Township of North
Brunswick in accordance with the provisions of said ordinances and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of
a continuous planning process.
(5)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the Mayor and Council.
(6)
To consider and make a report to the Mayor and Council
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a
and also pass upon other matters specifically referred to the Planning
Board by the Mayor and Council of the Township of North Brunswick
pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
Granting of variances and direction for issuance of
permits.
(a)
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:
(b)
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.
(8)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Mayor and Council for the
aid and assistance of the Mayor and Council or other agencies or officers.
H.
Time limits for decisions.
(1)
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of Planning Board
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law[6] 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 must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
[6]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board 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 developer. Upon submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval for the subdivision.
(3)
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 205-135G(7) of this chapter, the Planning Board shall grant or deny approval of the application within 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 Planning Board 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 Planning Board to act shall be issued upon the request of the applicant.
(4)
Final approval.
(a)
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.
(b)
Final approval of a major subdivision shall
expire 95 days from the date of the signing of the plat unless within
such period that 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.
I.
Procedure for filing applications. Applications for
development within the jurisdiction of the Planning Board pursuant
to the provisions of P.L. 1975, c. 291, shall be filed with the Secretary
of the Planning Board. The applicant shall file, at least 20 days
before the date of the monthly meeting of the Board, four copies of
all applications, five copies of a sketch plat or 10 copies of a preliminary
plat, site plan or plan for conditional use approval or planned development.
At the time of filing the application, but in no event less than 10
days prior to the date set for hearing, the applicant shall also file
all plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meetings dates
of the Board.
J.
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 Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
A.
Establishment; composition.
(1)
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents
of the Township of North Brunswick appointed by the Mayor and Council
to serve for terms of four years from January 1 of the year of their
appointment. In addition, there shall be two alternate members of
the Zoning Board of Adjustment appointed by the Mayor and Council
for terms of two years from January 1 of the year of their appointment.
The Chairman shall designate the alternate members as "Alternate No.
1" and "Alternate No. 2," and said alternates shall serve in rotation
during the absence or disqualification of any regular member or members.
The terms of the regular 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 member shall exceed
four years. Nothing in this section shall be construed to affect the
terms of any present members of the Zoning Board of Adjustment, all
of whom shall continue in office until the completion of the terms
for which they were appointed.
[Amended 12-18-1978]
(2)
No member of the Zoning Board of Adjustment
may hold any elective office or position under the municipality.
(3)
A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
B.
Organization. The Board of Adjustment shall elect
a Chairman and Vice Chairman from its members and shall also select
a Secretary, who may be either a Board member or municipal employee
designated by it.
C.
Attorney. There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint and 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.
D.
Experts and staff. The Zoning Board of Adjustment
may employ or contract for the services of experts and other staff
and services as it may deem necessary. The Board shall not, however,
exceed, exclusive of gifts or grants, the amount appropriated by the
Mayor and Council for its use. The Board may also employ experts to
study, review and provide testimony on elements of a specific development
application should it be determined that such additional professional
expertise is necessary for the Board to make a judgment on an application.
The cost of such professional services shall be paid by the applicant
to the Township Treasurer and shall be placed in the appropriate account.
[Amended 5-17-1982]
E.
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 Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
F.
Powers.
(1)
The powers of the Zoning Board of Adjustment
shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments
and supplements thereto, and with the provisions of this chapter.
(2)
It is further the intent of this chapter to
confer upon the Zoning Board of Adjustment as full and complete powers
as may lawfully be conferred upon such Board, including, but not by
way of limitation, the authority, in connection with any case, action
or proceeding before the Board, to interpret and construe the provisions
of this chapter, or any term, clause, sentence or word hereof, and
the Zoning Map, in accordance with the general rules of construction
applicable to legislative enactments.
(3)
The Board may, in appropriate cases and subject
to appropriate conditions and safeguards, grant variances from the
terms of this chapter in accordance with the general or specific rules
hereby laid down that equity shall be done in cases where the strict
construction of the provisions of this chapter would work undue hardship.
The powers and duties of the Board having been delegated to and imposed
upon it by statute, the Board shall in all cases follow the provisions
applicable to it in said P.L. 1975, c. 291, or subsequent statutes
in such case made and provided, and it shall from time to time furnish
to any person requesting the same a copy of its rules and information
as to how appeals or applications may properly be filed with the Board
for its decision thereon.
G.
Appeals and applications; checklist.
(1)
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by an officer, department, board or agency
of the Township affected by any decision of the administrative officer.
Each appeal shall be taken within the 65 days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
was taken, together with four copies of said notice with the Secretary
of the Board of Adjustment. Said notice of appeal shall specify the
grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from was taken.
(2)
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer shall be filed with the Secretary of the Zoning Board of Adjustment.
Four copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for the hearing, the applicant shall also file all
plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
(3)
An appeal stays all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Superior Court of New Jersey on
application or notice to the officer from whom the appeal is taken
and on due cause shown.
(4)
Applications for bifurcated "d" variances, under
N.J.S.A. 40:55D-76b., where no subdivision or site plan is being submitted
at the time of application for the "d" variance, shall be accompanied
by appendix E.[1]
[1]
Editor's Note: Appendix E is included at the end of this chapter.
H.
Power to reverse or modify decisions. In exercising
the above-mentioned power, the Board of Adjustment may, in conformity
with the provisions of P.L. 1975, c. 291, or amendments thereto or
subsequent statutes applying, reverse or affirm, wholly or partly,
or modify the order, requirement, decision or determination appealed
from and make such other requirement, decision or determination as
ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
I.
Expiration of variance. Any variance from the terms
of any ordinance hereafter granted by the Board of Adjustment permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire by limitation, unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance or unless such
permitted use has actually been commenced within 12 months from the
date of entry of the judgment or determination of the Board of Adjustment;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Board of Adjustment to the governing body or to a
court of competent jurisdiction until the termination in any manner
of such appeal or proceeding.
J.
Powers granted by law.
(1)
The Board of Adjustment shall have such powers
as are granted by law to:
(a)
Hear and decide appeals where it is alleged
by the appellant that there is an error in any order, requirement,
decision or refusal made by an administrative official or agency based
on or made in the enforcement of the Zoning Ordinance.
(b)
Hear and decide requests for interpretation
of the Zoning Map or Zoning Ordinance, or for decisions upon other
special questions upon which such Board is authorized by the Zoning
Ordinance to pass.
(c)
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property or by reason
of exceptional topographic conditions or by reason of other extraordinary
and exceptional situations or conditions of such piece of property,
the strict application of any regulation in the Zoning Ordinance 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; provided, however, that no variance shall
be granted under this subsection to allow a structure or use in a
district restricted against such structure or use, and further provided
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 shall review a request for a variance
pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L.
1975, c. 291.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60c.
(d)
Grant a variance to allow a structure or use
in a district restricted against such structure or use in a particular
case and for special reasons, but only by the affirmative vote of
at least 2/3 of the full authorized membership of the Board.
(2)
No variance or other relief may be granted under
the provisions of this section unless such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and Zoning Ordinance. Any application under any subsection of this
section may be referred to any appropriate person or agency, including
the Planning Board, for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
K.
Additional powers.
(1)
The Zoning Board of Adjustment shall, in addition
to the powers specified in this Article, have the power given by law
to:
(a)
Direct the 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.
(b)
Direct the issuance of a permit, pursuant to
N.J.S.A. 40:55D-34, for a building or structure not related to a street.
(2)
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application or approval of a use variance pursuant to § 205-135.1J(1) of this Article.
L.
Time limit for decision. The Board of Adjustment shall
render its decision not later than 120 days after the date that an
appeal is taken from the decision of an administrative officer or
120 days after the submission of a complete application for development
to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure
of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
A.
Conflict 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 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 matter nor 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 so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
(2)
Special meetings may be provided for at the
call of the Chairman or on the request of any two Board members, which
meeting shall be held upon 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)
Any actions shall be taken by majority vote
of a quorum except as otherwise required by any provision of P.L.
1975, c. 291.
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 and 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 Secretary
of the Planning Board and the Secretary of the Board of Adjustment.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party shall 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 application or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs shall be as specified in
this chapter.
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 N.J.S.A. 40:55D-1 et seq. or this chapter.
(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. 38 (N.J.S.A. 2A:67A-1 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 or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
F.
Notice requirements for hearing. Whenever a hearing
is required on an application for development pursuant to N.J.S.A.
40:55D-1 et seq., the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication
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 the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate. A return receipt is not
required. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon
its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(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 that required to be given pursuant to § 205-135.2F(2) of this Article to the owners of land 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 County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(5)
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.
(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 Section 6b of P.L. 1975, c. 291.
(7)
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 such service
with the Board holding the hearing on the application for development.
(8)
Any notice made by certified mail, as hereinabove
required, shall be deemed complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
(9)
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 Municipal 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.
G.
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Secretary of the Planning Board or the Secretary of the Board of Adjustment of the Township of North Brunswick shall, within seven days after receipt of a request therefor, 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 § 205-135.2F(2) of this chapter. A sum of $10 shall be charged for such a list.
H.
Decisions.
(1)
Each decision on any application for development
shall be set forth in writing as a resolution of the Board, which
resolution shall include findings of fact and legal conclusions based
thereon.
(2)
A copy of the decision shall be mailed by the
Board within 10 days of the date of the decision to the applicant
or, if represented, to his attorney, without separate charge. A copy
of the decision shall be mailed to all persons who have requested
it and who have paid the fees 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 municipality.
I.
Publication. The applicant shall publish a brief notice
of every final decision in the official newspaper of the Township.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision. In the case of a
denial, if the applicant fails to publish such notice, the Planning
Board or Zoning Board may at its sole discretion choose to publish
the notice and bill the cost to the applicant as an out-of-pocket
expense to be paid from the technical review escrow fees.
[Amended 5-1-2000 by Ord. No. 00-9]
J.
Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and 40:55D-65, every application for development submitted
to the Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes, liens or assessments for local improvements
are due or delinquent on the property which is the subject of such
application prior to scheduling the application for action by the
approving authority. Should additional payments become due during
the application process, they shall be paid prior to any action of
the approving authority.
K.
Signs.
[Added 12-1-2003 by Ord. No. 03-39]
(1)
Not less than 10 days prior to the scheduled
date for any public hearing by the Zoning Board of Adjustment or the
Planning Board on any application for development, the applicant shall
cause to be erected on the property which is the subject of the application
for development a freestanding sign which shall contain the following
information:
(a)
The name of the applicant;
(b)
The name of the Board from which the applicant
is seeking approval/relief;
(c)
The phone number of the Board where a person
may seek information as to the date and time of the public hearing
on the application and a statement that this number may be called
to obtain such information;
(d)
A brief description of the nature of the approval
sought, including the number of proposed dwelling units, the type
of units, e.g., single-family homes, townhomes, garden apartments,
and in the case of nonresidential uses, the nature of the proposed
construction, e.g. warehouses, commercial use and the proposed square
footage of the construction.
(2)
The sign shall be not less than 32 square feet
in area nor greater than 64 square feet in area, shall face a public
street abutting the premises and shall be located not more than 30
feet from such street.
(3)
The lettering on the sign shall be of such a
type face and size as to be clearly visible to motorists and pedestrians
in or on the abutting street. Such sign shall remain on the property
until such time as the Board shall grant or deny final approval or
until the applicant shall withdraw any such application.
L.
Copies of all applications, surveys, plans, reports and studies,
such as environmental impact, traffic, stormwater, sewer and water
reports, and any other documents associated with the application,
shall be submitted on a CD in portable document format (pdf) at 400
x 400 dpi. Submittal of such digital copies shall be required to constitute
an application for development, and all revised files shall be resubmitted
as the originals are changed or amended. Every electronic submission
must be accompanied by a cover letter listing all attached documents
and any revisions, where applicable. Single-family or two-family homeowners
preparing variance applications on their own behalf shall not be subject
to this electronic submission requirement, provided that such applications
do not require site plan or subdivision approval.
[Added 11-16-2020 by Ord.
No. 20-23]
A.
Appeals to Zoning Board of Adjustment. An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by a decision of the administrative officer of the Township based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in § 205-135.1G(1) of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.[1]
[1]
Editor's Note: Former Subsection B, Appeals
from Zoning Board of Adjustment, which immediately followed this subsection,
was repealed 3-4-1985.
A.
Definitions. Whenever a term is used in this chapter
which is defined in P.L. 1975, c. 291,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
