A.
A Zoning Board of Adjustment is hereby created pursuant
to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members
and four alternate members, each of whom shall be a resident of Haddonfield
Borough and be appointed by the Board of Commissioners. The members
of the heretofore created Zoning Board of Adjustment are hereby reappointed
to serve their respective terms. The term of all new members appointed
under this chapter shall be so determined that, to the greatest practicable
extent, the expiration of such shall be distributed, in the case of
regular members, evenly over the first four years after their appointment
and, in the case of alternate members, evenly over the first two years
of their appointment and the terms of not more than two alternate
members shall expire in any one year; provided, however, that the
initial term of no regular member shall exceed four years and that
the initial term of no alternate member shall exceed two years. Thereafter,
the term of each regular member shall be four years, and the term
of each alternate member shall be two years.
[Amended 12-14-2004 by Ord. No. 31-2004]
B.
Alternate members shall be designated at the time
of their appointment as “Alternate No. 1,” “Alternate
No. 2,” “Alternate No. 3,” and “Alternate
No. 4.” Alternate members may participate in the discussion
of the proceedings but may not vote except in absence or disqualification
of a regular member. 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 is to vote, alternate
members shall vote in the order of their numerical designations.
[Amended 12-14-2004 by Ord. No. 31-2004]
C.
No member of the Zoning Board of Adjustment shall
hold an elective office or position under the municipality.
D.
Any vacancy on said Board occurring other than by
expiration of term shall be filled by appointment by the Board of
Commissioners to serve for the unexpired term of the member whose
term shall become vacant. A member may be removed by the Board of
Commissioners for cause, but only after public hearing, if requested,
and other requested procedural due process protection.
E.
The Zoning Board of Adjustment shall organize annually
by selecting from among its regular members a Chairman and a Vice
Chairman. The Board shall also select a Secretary who may or may not
be a member of the Board or a municipal employee.
F.
The Board of Commissioners, after giving due consideration
to budget requests that may be submitted by the Zoning Board of Adjustment,
shall make the provisions in its budget and appropriate funds for
the expenses of the Zoning Board of Adjustment.
G.
The office of Zoning Board of Adjustment Attorney
is hereby created. The Board of Adjustment may annually appoint to
such office and fix the compensation or rate of compensation of an
attorney at law of New Jersey other than the Municipal Attorney.
H.
The Zoning Board of Adjustment may also employ or
contract for and fix the compensation of such experts and other staff
and services as it may deem necessary. The Board, however, shall not
authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the Board of Commissioners for its use.
I.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.[1]
The Zoning Board of Adjustment shall have the
power to:
A.
Error or refusal. Hear and decide appeals where it
is alleged by the applicant that there is an error in any order, requirement,
decision, or refusal made by an official based on or made in the enforcement
of the zoning provisions of this chapter.
B.
Exceptions. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this chapter or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provision of this chapter or by any duly adopted
Official Map.
C.
Variance of area or yard requirements.
(1)
Where by reason of exceptional narrowness, shallowness,
or shape of a specific piece of property, or by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property, or by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to any zoning regulations of this chapter 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 for
such strict application of such regulation so as to relieve such difficulties
or hardship;
(2)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations of this chapter; provided, however, that no variance from those departures enumerated in Subsection D of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 135-111B of this chapter.
D.
Variance of use regulations. In particular cases and
for special reasons, grant a variance to allow departure from zoning
regulations of this chapter to permit a use or principal structure
in a district restricted against such use or principal structure,
an expansion of a nonconforming use, deviation from a specification
or standard pertaining solely to a conditional use, an increase in
the height of a principal structure beyond the maximum permitted height
by 10 feet or 10%, an increase in the permitted floor area ratio,
an increase in the permitted density, except as applied to the required
lot area for lot or lots for detached one- or two-dwelling-unit buildings
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision. A variance under this subsection shall be
granted only by affirmative vote of at least five members of the Board
of Adjustment. [1]
E.
General provision. No variance or other relief may
be granted under the terms of this article unless such variances 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 the zoning provisions of this chapter. Any application
under this section may be referred to any appropriate person or agency,
including the Planning Board, for its report, provided that such reference
shall not exceed the period of time within which the Zoning Board
of Adjustment shall act.
F.
Other powers. The Zoning Board of Adjustment shall
have such other power as prescribed by law, including but not limited
to, the following:
(1)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-34 for the construction of a building or structure
within the bed of a mapped street or public drainageway, flood control
basin or public area as shown on a duly adopted Official Map of the
municipality whenever one or more parcels of land within said bed
cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public.
(2)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-36 for the construction of a building or structure
on a lot not abutting a street which is shown on a duly adopted Official
Map of the municipality or which is an existing state, county or municipal
street or highway; or a street shown upon a plat approved by the Municipal
Planning Board; or a street on a plat duly filed in the office of
the county recording officer. The Board may grant such relief only
when the enforcement of the statute requirement that a building to
abut a street would entail practical difficulty or unnecessary hardship,
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire-fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the circulation plan element
of the Borough Master Plan.
(3)
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 135-108D of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to § 135-108D of this chapter shall not be required. An application under this article may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
G.
Additional requirements concerning private streets.
The Zoning Board of Adjustment, or the Planning Board where jurisdiction
lies before that Board, shall have the right to permit construction
of private streets by variance. Private streets are not otherwise
permitted to be constructed. Private streets allowed by variance and
which serve two or more dwelling units or any nonresidential use generating
equivalent traffic shall meet the following requirements:
[Added 3-8-1994 by Ord. No. 1692 A]
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party affected by any decisions of a municipal official
of the municipality based on or made in the enforcement of the zoning
provisions of this chapter or a duly adopted Official Map. Such appeal
shall be taken within 20 days by filing a notice of appeal with the
Official from whom the appeal is taken, with three copies of the notice
given to the Secretary of the Zoning Board of Adjustment. The notice
shall specify the grounds for the appeal. The official from whom the
appeal is taken shall immediately transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
B.
The Zoning Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all powers of the municipal official from whom the appeal is taken.
C.
An appeal to the Zoning Board of Adjustment shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the municipal official
from whose action the appeal is taken certifies to the Zoning Board
of Adjustment, after the notice of appeal shall have been filed with
that official, that by reason of facts stated in the certificate of
stay would, in that official's opinion, cause imminent peril to life
or property. In such case, proceedings shall not be stayed other than
by an order of the Superior Court upon notice to the municipal official
from whom the appeal is taken and due cause shown.
D.
A developer may file an application for development or other relevant
application with the Zoning Board of Adjustment for action under any
of its powers without prior application to a municipal official.
[Amended 5-9-2017 by Ord.
No. 2017-06]
(1)
As specified in the Borough's application form, a variance application or a request submitted pursuant to § 135-108C, D, E, F or G shall include property owner and applicant information, including the owner's consent if the applicant is not the owner; subject property information; the type of variance(s) or relief requested; the specific nature of the variance(s) or relief requested; the reasons for the variance(s) or relief; plans that illustrate the existing site and building conditions; proposed site and building conditions and surrounding property and building conditions; and a table showing existing, required and proposed uses, lot size, yard, coverage, height and parking conditions for the subject property. Determinations of completeness for these applications for development shall be governed by § 135-70C, D and E.
(2)
An appeal of the Administrative Officer's decision submitted to the Zoning Board of Adjustment pursuant to § 135-109A shall include property owner and applicant information; subject property information; the decision being appealed; the grounds for the appeal; the specific outcome requested; plans that illustrate the existing site and building conditions, proposed site and building conditions and surrounding property and building conditions; and a table showing existing, required and proposed uses, lot size, yard, coverage, height and parking conditions for the subject property. As specified in § 135-109A, these applications must be filed within 20 days and shall then be transmitted to the Board.
(3)
A request for interpretation of the Zoning Map or any other
provision of this chapter which is submitted to the Zoning Board of
Adjustment shall include property owner and applicant information;
subject property information; the map or ordinance provision to be
interpreted; the reason(s) for the interpretation; the specific outcome
requested; any plans of existing site and building conditions, proposed
site and building conditions and/or surrounding property and building
conditions that are needed to illustrate or explain the interpretation;
and, if applicable, a table showing existing, required and proposed
uses, lot size, yard, coverage, height and parking conditions for
the subject property. Determinations of completeness for these applications
shall be made by the Administrative Officer within 45 days of submission.
(4)
An application for a certificate of nonconformity, pursuant
to N.J.S.A. 40:55D-68, shall include property owner and applicant
information, including the owner's consent if the applicant is not
the owner; subject property information; a description of the use
at the time it became nonconforming, including photographic and/or
other information that helps to define the use; the date it became
nonconforming and the ordinance provisions that caused the nonconformity;
a statement explaining why the use was lawful and conforming before
that date; a statement as to its continuing use since the date of
nonconformity and a description of the current use, including photographic
or other information that helps to define the use; and an explanation
as to why the use is afforded protection pursuant to the Municipal
Land Use Law. Determinations of completeness for these applications
shall be made by the Administrative Officer within 45 days of submission
and, when complete, will be decided by the Administrative Officer
if filed within one year of the adoption of the ordinance which rendered
the use nonconforming or by the Board if more than a year has passed.
E.
The Zoning Board of Adjustment shall act upon any
appeal or any application for development within 120 days either from
the date the appeal is taken from the decision of the municipal official
or from the date the application is certified as a complete application,
as the case may be, or within such further time as may be consented
to by the applicant, except that when an applicant elects to submit
separate consecutive applications for use variance approval and site
plan, subdivision or conditional use approval, the one-hundred-twenty-day
time period for action shall apply to the application for approval
of the use variance, and the time period for granting or denying any
subsequent approval shall be as otherwise provided in this chapter.
A certificate as to the failure of the Board of Adjustment to act
shall be issued by the Administrative Officer upon request of the
applicant.
A.
A Planning Board is hereby created consisting of nine
regular and two alternate members of the following four classes:
(1)
Class I. The Mayor, or the Mayor's designee
in the absence of the Mayor.
[Amended 4-27-2004 by Ord. No. 12-2004]
(2)
Class II. One of the officials of the Borough
other than a member of the Board of Commissioners, to be appointed
by the Mayor, provided that if there be an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board shall be deemed to be the Class II Planning Board
member for purposes of this chapter in the event there be among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
(3)
Class III. A member of the Board of Commissioners
other than the Mayor, to be appointed by the Board of Commissioners.
(4)
Class IV. Five other citizens of the Borough
to be appointed by the Mayor. Alternate members shall meet the qualifications
of Class IV regular members and shall be designated by the Mayor at
the time of their appointment as "Alternate No. 1" and "Alternate
No. 2."
B.
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 shall be for one year or terminate at the
completion of their respective terms of office, whichever occurs first,
except for a Class II member who is also a member of the Environmental
Commission. The term of a Class II (or Class IV) member who is also
a member of the Environmental Commission shall be for three years
or terminate at the completion of his term as a member of the Environmental
Commission, whichever comes first.
[Amended 4-27-2004 by Ord. No. 12-2004]
C.
All present Class IV members of the Planning Board
shall continue in office until the completion of the terms for which
they were appointed. The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or the Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his or her Class IV term, whichever comes first.
D.
The terms of Class IV regular members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent the expiration of such term shall be evenly distributed
over the first four years after their appointment, provided that the
initial term shall not exceed four years. Thereafter the term of each
Class IV regular member shall be four years. All terms shall run from
June 1 of the year in which the appointment is made.
[Amended 1-27-2009 by Ord. No. 2009-02]
E.
The terms of the Class IV alternate members shall
be two years, except that the terms of the alternate members shall
be such that the term of not more that 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.
All terms shall run from June 1 of the year in which the appointment
was made.
[Amended 1-27-2009 by Ord. No. 2009-02]
F.
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.
G.
If a vacancy of any class shall occur otherwise than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member
may be removed by the Board of Commissioners for cause but only after
public hearing, if requested, and other requested procedural due process
protection.
H.
The Planning Board shall organize annually by selecting
from among its Class IV regular members a Chairman and Vice Chairman.
The Board shall also select a Secretary who may or may not be a member
of the Board or any employee of the Borough.
I.
The Board of Commissioners, after giving due consideration
to budget requests that may be submitted by the Planning Board, shall
make provisions in its budget and appropriate funds for the expenses
of the Planning Board.
J.
The office of the Planning Board Solicitor is hereby
created. The Planning Board may appoint to such office and fix compensation
or rate of compensation of an attorney at law of New Jersey other
than the Borough Solicitor.
K.
The Planning Board may also employ or contract for
and fix compensation of such expert and other staff and services as
it may deem necessary. The Board, however, shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Board of Commissioners for its use.
L.
If the Planning Board lacks a quorum because any of
its regular or alternate members is prohibited by N.J.S.A. 40:55D-23
or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's
personal or financial interests therein, regular members of the Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority of
continuous service to the Board of Adjustment until there are the
minimum number of members necessary to constitute a quorum to act
upon the matter without any personal or financial interest therein,
whether direct or indirect. If a choice has to be made between regular
members of equal seniority, the Chairman of the Board of Adjustment
shall make the choice.
[Amended 4-27-2004 by Ord. No. 12-2004]
A.
The Planning Board shall have the powers listed below
in addition to other powers established by law:
(1)
Make, adopt and from time to time, amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relationship to the planning of the Borough.
(3)
Participate in the preparation and review of
programs or plans required by the state or federal law or regulation.
(4)
Assemble data on a continuing basis as part
of a continuous planning process.
(5)
Annually, at the request of the Board of Commissioners,
prepare a program of municipal capital improvements projects projected
over a term of six years and recommend same to the Board of Commissioners.
(6)
Consider and report to the Board of Commissioners
within 35 days after referral as to any proposed development regulation
submitted to it and also pass upon other matters specifically referred
to the Planning Board by the Board of Commissioners.
(7)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Board of Commissioners for
the aid and assistance of the Commissioners or other agencies or officers.
B.
Variances.
(1)
The Planning Board shall have such other powers
as prescribed by law, including, but limited to, the power to grant
the following variances, to the same extent and subject to the same
restrictions as the Zoning Board of Adjustment, when the Planning
Board is reviewing applications for approval of subdivision plats,
site plans or conditional uses:
(b)
Direction pursuant to § 135-108F(1) of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; and
(c)
Direction pursuant to § 135-108F(3) of this chapter for issuance of a permit for a building or structure on a lot not abutting a street.
(2)
Whenever relief is requested pursuant to this
subsection, notice of the 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.
(3)
The developer may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditional upon grant of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and Zoning Ordinance.
A.
Conflict of interest. No regular or alternate member
of the Planning Board or the Zoning Board of Adjustment shall act
on any matter in which such member 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,
such member 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 the
Zoning Board of Adjustment shall be scheduled no less than once a
month and any meeting so scheduled shall be held as scheduled unless
cancelled 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
meetings shall be held on notice to its members and the public in
accordance with all applicable legal requirements.
(3)
All action shall be taken at any meeting with
a quorum being present, said quorum to be the majority of the full
authorized membership of the Board.
(4)
All action shall be taken by majority of the
members of the Board present at the meeting except as otherwise required
by the provision of N.J.S.A. 40:55D-1 et seq. 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 40:55D-70(d) shall be deemed an action denying the application.
A member of the Board who was absent for one or more of the meetings
at which a hearing was held shall be eligible to vote on a 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 hearing from which such member was absent, and certifies
in writing to the Board that he or she has read such transcript or
listened to such recording.
(5)
All regular meetings and all special meetings
shall be open to the public, except as provided in the Open Public
Meeting Law, c. 231, Laws of New Jersey, 1975 (N.J.S.A. 10:4-6 et
seq). Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, c. 231, Laws of New
Jersey, 1975.
C.
Public hearings.
(1)
The Planning Board or the Zoning Board of Adjustment,
as the case may be, shall hold a hearing on each application for development.
Each Board shall make rules governing such hearings.
(2)
Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Administrative Officer. The applicant may
produce any documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearings, or such
person as that officer 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.
(4)
The testimony of all witnesses relating to an
application for development shall be taken under oath or affirmation
by the presiding officer or such other person as that officer may
designate, and the right or 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 reasonable limitations as to time and number of witnesses.
D.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for
the following applications for development:
(a)
Any request for a variance;
(b)
Any request for conditional use variance;
(c)
Any site plan approval application;
(d)
Any subdivision application;
(e)
Any request for issuance of a permit to build within a bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 135-108F(1) and (2).];
(f)
Any request for site plan and/or subdivision
approval involving one or more of the aforesaid elements; and
(g)
Any request for preliminary approval of a major
subdivision and/or preliminary major site plan.
(2)
The Secretary of the Planning Board or the Zoning
Board of Adjustment, as the case may be, shall notify the applicant
at least two weeks prior to the public hearing at which the application
will be discussed. Notice of a hearing requiring public notice shall
be given to the applicant at least 10 days prior to the date of the
hearing in the following manner:
(a)
By publication in an official newspaper of the
Borough if there is one, or in a newspaper of general circulation
in the Borough in the absence of an official newspaper.
(b)
By notification by personal service or certified
mail to the following: An affidavit of proof of the giving of the
required notice shall be filed by the applicant with the municipal
agency at, or prior to, the hearing. It is not required that a return
receipt be obtained; notice is deemed complete upon mailing (N.J.S.A.
40:55D-14):
[1]
To all owners of real property as shown on the
current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of the hearing,
provided that this requirement shall be deemed satisfied by notice
of 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.
[a]
Notice to a partnership 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.
[b]
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.
[c]
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.
[2]
To the Clerk of any adjoining municipality or
municipalities when the property involved is located within 200 feet
of said adjoining municipality or municipalities.
[3]
To the Camden County Planning Board when the
application for development involves property adjacent to an existing
county road or proposed road as shown on the County Official Map or
County Master Plan, adjoining other county land or situated within
200 feet of a municipal boundary.
[4]
To the Commissioners of Transportation of the
State of New Jersey when the property abuts a state highway.
[5]
To the Director of the State Planning Commission
when the hearing involves an application for the development of property
which exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be filed
with the Borough.
(3)
Upon written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from current tax duplicates or Assessor's field book of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection D(2)(b) above who do not reside within the Borough.
(4)
The notice shall state the date, time and place
of the hearing and the nature of the matters to be discussed, and
an identification of the property proposed for development by street
address, if any, and by reference to lot and block numbers as shown
on the current tax field book in the Borough Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
E.
Records.
(1)
Minutes of every regular meeting or special meeting shall be kept and shall include the names and addresses of all persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any person appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons thereof. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. 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 reasonable fee for the reproduction of the minutes, as indicated in Article XIII of this chapter.
(2)
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15, and as indicated in Article XIII of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
F.
Decisions.
(1)
Each decision on any application for development
shall be reduced to writing by the Board and shall include findings
of facts and conclusions based thereon.
(2)
The Planning Board or Board of Adjustment shall
include findings of fact and conclusions based thereon in each decision
on any application for development and shall reduce the decision to
writing. The Planning Board or Board of Adjustment shall provide the
finding and conclusion through:
(a)
A resolution adopted at a meeting held within
the time period provided in this chapter for action by the Planning
Board or Board of Adjustment on the application for development;
(b)
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Planning Board or Board of Adjustment voted to grant or deny approval. Only the members of the Planning Board or Board of Adjustment who voted to 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 § 135-112B(4) of this chapter (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 sanction of the municipal agency and not to be an action of the municipal agency.
(4)
An application for development shall be complete
for purposes of commencing the applicable time period for action by
the Planning Board or Board of Adjustment as applicable when so certified
by the Administrative Officer. In the event that the Administrative
Officer does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless the application lacks
information indicated on the checklist which shall be provided to
the applicant at the time of application; and the Administrative Officer
has notified the applicant in writing, of the deficiencies in the
application within 45 days of submission of the application. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The Planning Board or Board of Adjustment may
subsequently require correction of information found to be in error
and submission of additional information not specified in the ordinance
or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency.
A.
No appeal of any final decision of the Planning Board or Board of Adjustment shall be made to the Board of Commissioners, except any interested party desiring to appeal a final decision of the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70(d) and § 135-108D of this chapter.
B.
Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 135-114 of this chapter. The appeal to the Board of Commissioners shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.
C.
The appellant shall either within five days of serving
notice of the appeal, arrange for a transcript for use by the Board
of Commissioners and pay a deposit of $50 or the estimated cost for
such transcription, whichever is less, provided that the charge by
the Borough to the applicant for the transcript shall not exceed the
maximum permitted in N.J.S.A. 2A:11-15; or within 35 days of serving
notice of the appeal, submit a transcript to the Borough Clerk for
use by the Board of Commissioners. Should the appellant neither arrange
for or submit a transcript as provided hereinabove, the Board of Commissioners
may dismiss the appeal for failure to prosecute. All transcripts shall
be certified in writing by the transcriber to be accurate.
D.
Notice of the meeting to review the record below shall be given by the Board of Commissioners by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 135-114 of this chapter, and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The appeal shall be decided by the Board of Commissioners only upon the record established by the Zoning Board of Adjustment. The parties may submit oral or written arguments on the record at the Board of Commissioners meeting, and the Board of Commissioners shall provide and pay for verbatim recording and transcripts of such meeting.
E.
The Board of Commissioners shall conclude a review
of the record below not later than 95 days from the publication of
the notice of the subject decision of the Zoning Board of Adjustment,
unless the appellant consents in writing to an extension of such time
period. Failure of the Board of Commissioners to hold a hearing and
conclude a review of the record below and to render a decision within
such specified period without written consent to the appellant shall
constitute a decision affirming the action of the Zoning Board of
Adjustment.
F.
The Board of Commissioners may reverse, remand or
affirm, wholly or in part, or may modify the final decision of the
Zoning Board of Adjustment. The affirmative vote of a majority of
the full authorized membership of the Board of Commissioners shall
be necessary to reverse, remand, affirm or modify any final action
of the Board. The review shall be made on the record made before the
Board of Adjustment.
G.
An appeal to the Board of Commissioners shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the Zoning Board of Adjustment
certifies to the Board of Commissioners, after the notice of appeal
has been filed with the Board, that by reasons of acts stated in the
certificate a stay would, in its opinion, cause imminent peril of
life or property. In such case, proceedings shall not be stayed other
than by an order of the Superior Court or application upon notice
to the Zoning Board of Adjustment and on good cause shown.
Any decision of the Planning Board or Zoning
Board of Adjustment when acting upon an application for development
and any decision of the Board of Commissioners when acting upon an
appeal shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the appropriate
Borough authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Borough authority for such service.
B.
A brief notice of every final decision shall be published
in the official newspaper of the Borough. Such publications shall
be arranged and paid for by the applicant. The notice shall be sent
to an official newspaper for publication within 10 days of the date
of any such decision.
C.
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 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 Borough, as indicated in Article XIII of this chapter.
