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:
A. Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B. 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 Township in
which applicant's land is located. Such notice shall be given by:
(1) Serving a copy thereof on the owner as shown on said
current tax duplicate or his agent in charge of the property; or
(2) Mailing a copy thereof by certified mail to the property
owner at his address as shown on 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.
C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 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 situate within 200 feet of a municipal
boundary.
E. 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.
F. 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 Township Clerk pursuant to N.J.S.A. 40:55D-10b.
G. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file a proof of service with the Secretary
of the Board.
H. Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant
to the terms of this section 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to §
125-17B.
The Planning Board shall have the following
powers and duties:
A. To make, adopt and, from time to time, amend a Master
Plan for the physical development of the municipality, including any
areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the municipality, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of the Land Subdivision
Ordinance of the municipality in accordance with the provisions of
said ordinance and N.J.S.A. 40:55D-1 et seq., the Municipal Land Use
Law of 1975, Chapter 291.
C. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D. To consider and make recommendations to the Township
Committee, within 35 days of submission, on any proposed development
regulation or official map adoption or amendment referred to it pursuant
to N.J.S.A. 40:55D-26a and upon other matters specifically referred
to the Planning Board pursuant to N.J.S.A. 40:55D-26b.
E. To assemble data on a continuing basis as part of
a continuous planning process.
F. To annually participate in the preparation and review
of a program of municipal capital improvement projects projected over
a term of six years and amendments thereto.
G. To review and approve conditional use applications
in accordance with the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
The Planning Board shall also exercise the powers
previously granted to the Carneys Point Township Zoning Board of Adjustment.
To that end, the Planning Board shall have the authority to:
A. 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 or based on or made in
the enforcement of the Zoning Ordinance. An appeal to the Board pursuant to this subsection shall
stay all proceedings in furtherance of the decision which was appealed
unless the officer from whose action the appeal is taken certifies
to the Board 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 other than by order of the Superior
Court of New Jersey upon notice to the officer from whom the appeal
is taken and on due cause shown.
B. Hear and decide, in accordance with the provisions
of any such ordinance, requests for interpretation of the Zoning Map
or Ordinance or for decisions upon other special questions upon which
the Board is authorized to pass by any Zoning or Official Map Ordinance
in accordance with N.J.S.A. 40:55D-1 et seq.
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
situation or condition 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.
D. Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the fully authorized membership of the Board. 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. The Class I and Class
III members of the Planning Board shall not participate in or vote
upon any application for a use variance brought under this subsection
pursuant to N.J.S.A. 40:55D-70d.
E. 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 or flood control basin or public area reserved
on the Official Map.
F. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure on a lot not abutting a street as required
by N.J.S.A. 40:55D-35.
G. Where, in an application or appeal relating to a specific
piece of property, the purpose of the Municipal Land Use Law would be advanced by a deviation from the Zoning Ordinance
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from zoning
regulations; provided, however, that a use variance shall not be granted
under this subsection.
[Added 3-26-1997 by Ord. No. 610]