The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV. The Board of Adjustment
shall elect a Chairman and Vice Chairman from its members. Both Boards
shall also select a Board Secretary, who may be a member of the Board,
a municipal employee or any other individual designated by the Board.
If the person appointed Board Secretary is a municipal employee, that
person shall not perform Board duties during the hours that person
works for the Township, unless the Township Manager orders otherwise.
The Township Manager shall appoint an Administrative Officer for each
Board for all purposes set forth in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby created the office of Planning
Board Attorney and the office of Zoning Board of Adjustment Attorney.
Each Board may annually appoint a Board Attorney, who shall be an
attorney licensed in the State of New Jersey and who shall not be
the Township Attorney. Said attorney shall receive such compensation
as agreed upon by the attorney and the Board in an amount not exceeding
the amount appropriated by the Township Council for such purpose and/or
an amount not exceeding moneys or deposits in escrow with respect
to applications, whichever the case may be.
A.
The Planning Board and the Zoning Board of Adjustment
may annually employ or contract for services of experts and other
staff and services as they may deem necessary. The staff of the Board
may include, but shall not be limited to, a clerk or administrative
clerk. The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the Township Council
for its use.
B.
The Planning Board and the Zoning Board shall have
the power, right and responsibility to employ a professional engineer,
licensed by the State of New Jersey, who may also be the Township
Engineer, to advise the Board as to engineering matters. The Engineer
shall receive such compensation as is agreed upon by the Engineer
and the Board in an amount not exceeding the amount appropriated by
the Township Council for such purpose and/or an amount not exceeding
moneys in escrow with respect to applications, whichever the case
may be.
C.
The Planning Board and the Zoning Board of Adjustment
shall have the right and power to employ a professional planner, licensed
by the State of New Jersey, to advise the Board with respect to environmental
and planning matters. The Planner shall receive such compensation
as is agreed upon by the Board and the planner in an amount not exceeding
the amount appropriated by the Township Council for such purpose and/or
an amount not exceeding moneys in escrow with respect to applications,
whichever the case may be.
D.
The Planning Board and the Zoning Board of Adjustment
shall have the right and power to employ a duly certified stenographic
reporter for the purpose of providing a verbatim recording of the
proceedings. The stenographic reporter shall receive such compensation
as is agreed upon by the Board and the stenographic reporter in an
amount not exceeding the amount appropriated by the Township Council
for such purpose and/or an amount not exceeding moneys in escrow with
respect to applications, whichever the case may be.
E.
The Planning Board and the Zoning Board of Adjustment
shall have the right and power to employ a traffic engineer, licensed
by the State of New Jersey, to advise the Board with respect to traffic
and circulation matters. The traffic engineer shall receive such compensation
as is agreed upon by the Board and the traffic engineer in an amount
not exceeding the amount appropriated by the Township Council for
such purpose and/or an amount not exceeding moneys in escrow with
respect to applications, whichever the case may be.
F.
The Planning Board and the Zoning Board of Adjustment
shall have the right and power to employ a duly qualified archaeologist
to advise the Board with respect to archaeological matters. The archaeologist
shall receive such compensation as is agreed upon by the Board and
the archaeologist in an amount not exceeding the amount appropriated
by the Township Council for such purpose and/or an amount not exceeding
moneys in escrow with respect to applications, whichever the case
may be.
Each 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.
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 canceled
for lack of applications for development to process. Regular meetings
of the Planning Board or Zoning Board shall not be scheduled to conflict
with each other or with the regularly scheduled meetings of the Township
Council.
B.
Special meetings may be provided at the call of the
Chairman or on the request of any two Board members, which special
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 of the members being present as members of the Board, "quorum"
being defined as the majority of the full authorized membership of
the Board.
D.
All actions shall be taken by a majority vote of the
members of the Planning Board or Zoning Board of Adjustment present
at the meeting except as otherwise required by statute.
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 Open Public Meetings Act (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 properly pursuant to the Open
Public Meetings Act shall not be deemed to be a regular or special
meeting.
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
Department of Community Development. Except for minutes of executive
(closed) session(s), 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.
The application fees for development approvals and other related matters shall be as set forth in § 94-10 of this Code.
A.
Generally, except as otherwise provided for in this
Code, the Planning Board and Zoning Board of Adjustment shall hold
a hearing on each application for development and on the adoption,
revision or amendment of the Master Plan.
B.
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.
C.
Filing. Any maps and documents for which approval
is sought at a hearing shall be on file and available for public inspection
at least 20 calendar days before the date of the hearing during normal
business hours in the office of the administrative officer. The applicant
may produce other documents, records or testimony at the hearing to
substantiate or clarify or supplement the previously filed maps and
documents.
D.
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 parties, and the provisions of the County and Municipal Investigations
Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E.
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.
F.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
G.
Records. All proceedings before the Planning Board
or Zoning Board of Adjustment shall be recorded by stenographer or
by mechanical or electronic means. Upon the request of any interested
party, the administrative officer shall cause a transcript or duplicate
recording to be furnished, at the request of the party requesting
same and such party's expense. The administrative officer shall maintain
and keep all records of both Boards.
H.
A member of the Planning Board or Zoning Board of
Adjustment who was absent for one or more meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his or her absence from one or more
of the meetings; provided, however, that such Board member has available
to him or her the transcript or recording of all of the hearings from
which he or she was absent and certifies, in writing, to the Board
that he or she has read such transcript or listened to such recording.
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 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 the applicant's
land is located.
(1)
Such notice shall be given by:
(a)
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
(b)
Mailing a copy thereof by certified mail, return
receipt requested, to the property owner at his address as shown on
the said current tax duplicate.
(c)
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.
(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, vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(3)
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 by personal service or certified mail, return receipt requested, to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 15-16B 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, return receipt requested, 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, return receipt requested, 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, return receipt requested, 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 Secretary
of the appropriate Board.
G.
Notice of hearings on applications for approval of
a major subdivision or major site plan requiring public notice under
this section shall be given to every public utility, cable television
company and local utility which possesses a right-of-way or easement
within Evesham Township and which has registered with the Township
pursuant to N.J.S.A. 40:55D-12.1. Service shall occur upon such public
utility, cable company or local utility in accordance with N.J.S.A.
40:55D-12h.
H.
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.
I.
Any notice made by certified mail, return receipt
requested, as hereinabove required, shall be deemed to be complete
upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J.
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 document for which approval is sought
are available for public inspection.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in a resolution adopted by the Township Council, make and certify a list from the current tax duplicate of names and addresses of owners and other persons or entities to whom the applicant is required to give notice pursuant to § 15-16 of the Code of the Township of Evesham.
A.
Each decision on an application for development shall be set forth, in writing, as a resolution of the Board which shall include the findings of fact and legal conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval or within 45 days of the date of the meeting at which the municipal agency voted to grant or deny approval by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action 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. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency. If the municipal agency fails to adopt a memorializing resolution in the manner required herein, any interested party may apply to the Superior Court to compel adoption of a resolution in accordance with N.J.S.A. 40:55D-10g. Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection B below and § 15-19 of this chapter.
B.
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, 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 set forth in N.J.S.A. 47:1A-2. 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 the fee set forth in N.J.S.A. 47:1A-2.
A brief notice of every final decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the applicant who shall bear the expense of same.
The aforementioned notice shall be sent to the official newspaper
for publication within 10 days of the date of adoption of a memorializing
resolution.
All records of the Planning Board and the Zoning
Board of Adjustment, including but not limited to a copy of each application,
supporting documentation, minutes of hearings, correspondence, decisions
and other information relevant to the determination, shall be maintained
in the office of the Department of Community Development for a period
of not less than five years. Thereafter, said records shall be kept
for an indefinite period in accordance with the system of recordkeeping
and archives established by the Township Manager. Such documents and
information shall be considered a public record within the meaning
of N.J.S.A. 47:1A-1 et seq.
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 to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application.
If it is shown that the taxes or assessments are delinquent on said
property, no approval or other relief shall be granted by either Board
until such taxes or assessments, including interest, have been fully
paid.
