A.
The Fire Chief and the Police Chief of the Township
shall be ex officio advisory members of the Planning Board and Zoning
Board of Adjustment for the purposes of advising the boards on any
application that may come before them on the impact the granting of
such applications may have upon the furnishing of police or fire protection
services, or any requirements that may be advisable in that regard.
B.
Neither the Fire Chief nor the Police Chief shall
vote on any matter coming before such Board, nor shall they be considered
"regular" members of such Board as that term is used in the appropriate
New Jersey statutes.
C.
Both the Fire Chief and the Police Chief may, from
time to time, appoint a member of their respective departments to
attend any Board meeting in their place.
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he or she has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he or she shall not continue to sit with the
Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
A.
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 cancelled
for lack of applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairperson or at the request of any two Board members. Such meetings
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by majority vote of the
members present, except as otherwise required by any provision of
N.J.S.A. 40:55D-1 et seq.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
N.J.S.A. 10:4-6 et seq. To the extent permitted by the Open Public
Meetings Law, and in accordance with the provisions of N.J.S.A. 40:55D-9,
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, and no actions requiring a vote shall be taken.
Minutes of every regular or special meeting
shall be kept and shall include the 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 or her
use, as provided for in the rules of the Board.
A.
Determination of fees. Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment, or any member of their administrative staffs, which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of such rules or of the separate fee schedule shall be available to the public. Fees shall be as set forth in § 150-8, Land development.
B.
Application charges and escrow deposits. Every application for development shall be accompanied by two separate checks payable to the Township of Delran, one for the application charge and the other for the escrow account, in accordance with the schedule set forth in § 150-8E, Escrows.
C.
Multiple applications. In the case of applications
involving more than one category of application for development, such
as an application for site plan or subdivision approval coupled with
a variance, the application charge shall be the highest of the applicable
charges, plus 50% of all other applicable charges.
D.
Nonrefundability. The application charge is a nonrefundable
flat fee to cover administrative expenses.
E.
Determination of site plan charges. On applications
for site plan approval, the applicant shall submit a statement in
support of the calculation of the application charge, which statement
shall be subject to review by the Board.
[Amended by Ord. No. 2000-18]
A.
Reimbursement of Township expenses. In addition to the fees set forth in Chapter 150, Fees, an applicant shall be responsible for reimbursing the Township for all necessary expenses of professional personnel incurred and paid by the Township to process an application for development before the approving board, including, without limitation:
(1)
Charges for reviews by professional personnel of applications
and accompanying documents.
(2)
Issuance of reports by professional personnel to the
approving board setting forth recommendations resulting from the review
of any documents submitted by the applicant.
(3)
Charges for any telephone conference or meeting requested
or initiated by the applicant, his or her attorney or any of his or
her experts.
(4)
Review of documents submitted by the applicant not
required by ordinance and issuance of reports relating thereto.
(5)
Review or preparation of easements, developer's agreements,
deeds or the like.
(6)
Preparation for and attendance at special meetings.
(a)
A "special meeting" shall be defined as any
meeting held at the request of the applicant or approving board which
is not held during a regularly scheduled approving board session.
(b)
All meetings, whether regular or special, shall
be in compliance with the Open Public Meetings Law, N.J.S.A. 10-4.6
et seq.
(7)
The preparation of extraordinary or specialized resolutions
of memorialization, including, without limitation, resolutions pertaining
to an application for general development plan approval and an application
concerning which the resolution must contain a summary of more than
two experts testifying on behalf of the applicant in order for the
resolution to contain adequate findings of fact and conclusions based
thereon pursuant to N.J.S.A. 40:55D-10c.
(8)
Costs for all hearing transcripts.
B.
Notice to applicant of intent to obtain additional
expert advice. The approving board shall give prior notice to the
applicant of its intention to obtain additional expert advice or testimony
and afford the applicant an opportunity to be heard as to the necessity
for such additional advice or testimony and the definition of the
limitations on the nature and extent thereof.
C.
Exceptions. No applicant shall be responsible to reimburse
the Township for any of the following:
(1)
The cost of attendance, advice and/or testimony of
any expert testifying at a regularly scheduled meeting of the approving
board in his or her capacity as a full-time Township employee; provided,
however, that the Township shall be entitled to be reimbursed for
attendance of its professional personnel at special meetings of the
approving board which are called at the applicant's request. Nothing
contained herein shall be construed as requiring the approving board
to grant an applicant's request to hold a special meeting.
D.
"Professional" defined. The term "professional personnel"
or "professional services," as used herein, shall include the services
of a duly licensed engineer, surveyor, planner, attorney, realtor,
appraiser, certified shorthand reporter or other experts required
by the approving board who would provide professional services to
ensure an application complies with the standards set forth in this
Code and other experts whose testimony is in an area testified to
by any of the applicant's experts.
E.
Escrow accounts.
(1)
Each applicant, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Act, shall submit the following sum(s) to be held in escrow in accordance with the provisions set forth in § 150-8E, Escrows.
(2)
The sums set forth are estimates and, during its review
of an application for development, the approving board may determine
that such sums are sufficient, excessive or insufficient, based upon
the following criteria:
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including, without
limitation, geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing
aquifer and/or water quality.
(e)
Impact on improvements which might require off-tract
or off-site contributions.
(3)
All applicants shall be required to submit escrow
deposits with their application. At the time of filing its application
for development, the applicant shall execute an escrow agreement containing
the terms set forth herein.
(a)
In the event that the approving board shall determine such amount is excessive, upon the prior written request of the applicant and by resolution, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by Subsection F(2) below. In the event the approving board shall determine the amount specified is insufficient, or in the event the escrow has been depleted, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Such additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.
(4)
The administrative officer shall determine the status
of all escrow accounts. Where additional funds are required, it shall
be the obligation of the administrative officer to so notify the applicant
of the amounts needed.
F.
Refund of escrow; interest.
(1)
If the amount of the deposit exceeds the actual cost as approved for payment by the Township Council, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by Subsection F(2) herein.
(2)
Deposits received from a developer pursuant to this
subsection shall be deposited in a banking institution or savings
and loan association in this state insured by an agency of the federal
government, or in any other fund or depository approved for such deposits
by the state, in an account bearing interest at no less than the minimum
rate currently paid by the institution on deposits on time or savings
deposits. The Township shall notify the applicant, in writing, of
the name and address of the institution or depository in which the
deposit is made and the amount of the deposits. The Township shall
not be required to refund any amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to him or her by the Township annually, or at the
time the deposit is repaid, or applied to the purposes for which it
was deposited, as the case may be; except that the Township may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of the accrued interest on the escrow amount, which shall be in lieu
of all other administrative and custodial expenses.
G.
Rate of professional charges.
(1)
No professional personnel submitting charges to the
Township for any of the services referred to in this subsection shall
charge for any of such services at any higher rate or in any different
manner than would normally be charged the Township for similar work
as determined by the professional's contract of employment with the
Township or by provisions of the Township's Salary Ordinance.
(a)
Payment of any bill rendered by a professional
to the Township in respect to any service for which the Township is
entitled to reimbursement under this subsection shall in no way be
contingent upon receipt of reimbursement by a developer, nor shall
any payment to a professional be delayed pending reimbursement from
a developer.
(2)
The Township may charge for the services of any Township
employee rendering expert advice for the benefit of an applicant when
the employee is required to attend special meetings, as defined herein,
during nonbusiness hours, as well as services rendered beyond the
scope of the employee's regularly defined duties.
H.
Payment of all reimbursable costs prior to final approval
or issuance of any permit or certificate. No subdivision plat or deed
or site plan shall be signed, nor shall any zoning permits, building
permits, certificates of occupancy or any other types of permits be
issued with respect to any approved application for development until:
(1)
All bills for reimbursable services have been received
by the Township from professional personnel rendering services in
connection with such application.
(2)
Payment of such bills has been approved by the Township
Council.
(3)
The applicant has reimbursed the Township the excess
of such bills over the escrowed amount otherwise herein provided for.
I.
Payments to professionals.
(1)
The Chief Financial Officer of a municipality shall
make all of the payments to professionals for services rendered to
the municipality or approving authority 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 a schedule established
by resolution. 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 municipality. 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 municipality or approving authority shall not bill the applicant
or charge any escrow account or deposit 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 municipal
professional are provided by the municipality, 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 upon review of the application for development or inspection
of 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 municipality when fees are not
reimbursed or otherwise imposed on applicants or developers.
(2)
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-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the municipality. If the services
are provided by a municipal employee, the municipal employee shall
prepare and submit to the Chief Financial Officer of the municipality
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
of the municipality simultaneously to the applicant. The Chief Financial
Officer of the municipality 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. This 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 an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer of the municipality 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 municipality
or 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.
(3)
The following close-out 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 escrow deposits. The applicant
shall send written notice by certified mail to the Chief Financial
Officer of the municipality and the approving authority and the relevant
municipal professional 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
of the municipality within 30 days and shall send a copy simultaneously
to the applicant. The Chief Financial Officer of the municipality
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 deposits 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.
(4)
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.
(5)
If the municipality retains a different professional
or consultant in the place of the professional originally responsible
for development, application review, or inspection of improvements,
the municipality 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 municipality or approving
authority shall not bill the applicant or charge the deposit or the
escrow account for any such services.
[Amended by Ord. No. 2000-18]
A.
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 of this chapter.
B.
Oaths. The officer presiding at the hearing, or such
person as he or she may designate, shall have power to administer
the 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, N.J.S.A. 2A:67A-1 et seq., shall apply.
C.
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.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records.
(1)
Each board shall provide for the verbatim recording
of the proceedings by either stenographer or by mechanical or electronic
means. The board shall furnish a transcript, or duplicate recording
thereof on request to any interested party at his or her expense.
(2)
If an applicant should desire a certified court reporter,
the costs of taking testimony and transcribing it and providing a
copy of the transcript to the Township or court shall be at the expense
of the applicant, who shall also arrange for the attendance by the
reporter. All costs for transcription of the record before the applicable
board shall be the entire and sole obligation of the applicant or
appellant, whichever requests the transcript. The obligation to obtain
and pay for such transcript shall be solely that of the applicant
or appellant who requests the transcript.
F.
Absences; eligibility to vote. When any hearing shall
carry over two or more times, a member of the Board who was absent
for one or more of the meetings shall be eligible to vote on the matter,
provided that that member has available to him or her a transcript
or recording of the meeting or meetings from which he or she was absent
and certifies in writing to the Board that he or she has read the
transcript or listened to the recording.
[Amended by Ord. No. 2000-18]
Whenever a hearing shall be 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.
By publication in the official newspaper of the Township
at least 10 days prior to the date of hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate, 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.
(1)
Notice shall be given by:
(a)
Serving a copy thereof on the owner, as shown
on the current tax duplicate, or his or her agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his or her address, as shown on the current
tax duplicate. A return receipt shall not be required. Notice shall
be deemed complete upon mailing.
(2)
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.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of the 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 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 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 to the State Planning Commission
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 Clerk pursuant
to N.J.S.A. 40:55D-10.
G.
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and requiring
public notice pursuant to N.J.S.A. 40:55D-12a shall be given, in the
case of a public utility, cable television company or local utility
which possesses a right-of-way or easement within the municipality
and which has registered with the municipality in accordance with
N.J.S.A. 40:55D-12.1, 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 that form.
H.
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 an affidavit of proof of service with
the Board holding the hearing on the application for development.
I.
All notices required to be given, pursuant to the
terms in 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 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.
[Amended by Ord. No. 2000-18[1]]
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 37-30B above. 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 to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and 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. A sum as set forth in § 150-8, Land development, may be charged for such list.
A.
Findings of fact and conclusions. 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. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or § 37-18D of this chapter shall be deemed an action denying the application. The Board shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided in the act for action by the Board on the application
for development; or
(2)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Board 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. 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 Board
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 publication required by Paragraphs h
and i of N.J.S.A. 40:55D-10.
B.
Conditional decisions; County Planning Board approval.
Where required by law, N.J.S.A. 40:27-6.6, the application shall be
submitted to the County Planning Board for review or approval, and
in such cases the Township Planning Board and Zoning Board of Adjustment
shall condition any approval that each grants upon timely receipt
of a favorable report from the County Planning Board or upon the County
Planning Board's failure to report within the required time period.
Decisions may also be conditioned on approval by other governmental
agencies.
C.
Mailing. 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 or her attorney, without separate
charge. A copy of the decision shall also be mailed to all persons
who request it and who have paid the prescribed fee. A copy of the
decision shall also be filed in the office of the administrative officer,
who shall make a copy of such filed decision available for public
inspection during his or her office hours and a copy available to
any interested party upon payment of a fee, calculated in the same
manner as those established for copies of the other public documents
in the Township.
D.
Publication. A brief notice of every final decision
on an application for a variance or development shall be published
in the official newspaper of the Township. Such publication shall
be arranged by and be the responsibility of the applicant. Notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision. The applicant shall file an
affidavit of publication with the Board making the decision on the
application for development.
E.
Time for appeal. The period of time in which an appeal
of the decision may be made shall run from the date of publication
of the decision.
[Amended by Ord. No. 1991-6]
A.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and
N.J.S.A. 40:55D-65, every application for development submitted to
the Planning Board or Zoning Board of Adjustment, including application
for informal conferences or review, shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the Township shall be adequately protected. If the application
is not accompanied by such proof, the application shall be deemed
to be incomplete.
B.
If it is shown at any time during the application
review process that taxes or assessments are delinquent on such property,
the Planning Board and the Zoning Board of Adjustment shall take no
action nor grant any approval or other relief until such taxes or
assessments are paid. In the event such taxes or assessments are not
paid at the expiration of the time to act on a given application,
then the Planning Board and/or Zoning Board of Adjustment shall reject
the application and deny the requested relief.
Immediately upon adoption of this chapter, the
Township Clerk shall file a copy with the County Planning Board, as
required by law. The Clerk shall also file with the County Planning
Board copies of all other Township land use ordinances.
[Amended by Ord. No. 2000-18]
Any variance hereafter granted by the Zoning
Board of Adjustment, or the Planning Board permitting 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 the variance or unless such permitted use has
actually been commenced within one year from the date of entry of
the approval of the variance; provided, however, that in the event
that such variance is approved in conjunction with a major subdivision
or site plan approval, then such variance shall not expire and become
null and void until three years after the preliminary approval for
such site plan and/or subdivision is granted and any approved extensions
thereof, or if final approval is granted for such development, two
years from the date of the final approval and any approved extensions
thereof. The running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
Zoning Board of Adjustment or the Planning Board to a court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding.
[Amended by Ord. No. 2000-18]
A.
Authority. This section is adopted pursuant to the
authority granted the Township under N.J.S.A. 40:55D-10.3.
B.
Applicability. This checklist shall apply to all applications
for development in all zones within the Township.
C.
Determination of completeness no bearing on merits.
A determination of completeness, pursuant to the terms and conditions
hereof, is in no way to be interpreted or understood as an evaluation
of the adequacy or acceptability of the information submitted, and
shall not be construed as diminishing the applicant's obligation to
prove in the application process that he or she is entitled to approval
of the application.
D.
Additional information. The approving board may subsequently
require correction of any information found to be in error and submission
of any additional information not specified in this chapter or any
other ordinance of the Township, or any revisions thereof, as is or
may be reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met.
E.
Checklist. For the purposes of determining that an
application for any development within the Township is complete, pursuant
to the terms of N.J.S.A. 40:55D-10.3, an applicant shall be required
to furnish all of the information as set forth on the Submission Requirements
Checklist attached hereto as Schedule A and made a part hereof.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
F.
Additional requirements. In addition to the above,
any application for development shall be subject to any rules and
regulations as adopted, from time to time, by either the Zoning Board
of Adjustment or the Planning Board, copies of which shall be supplied
to the applicant along with the application form.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and Zoning Board of Adjustment
an index of the natural resources of the Township, the Planning Board
and Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either. Failure of the Planning Board or Zoning Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
