[Added 11-5-2007 by Ord. No. 2007-99]
Prior to the subdivision or resubdivision of
land, to the issuance of an occupancy, conditional use or construction
permit for a development, or to the granting of any variances from
the Zoning Code, an application for subdivision, site plan or planned
development review, as the case may be, shall be submitted to and
approved by resolution of the approving authority in accordance with
the requirements of this chapter. Site plan approval shall be required
for any new building, any addition to an existing building, any change
in use of an existing building, any off-street parking area or alteration
of said parking area and any other improvement involving land disturbance,
except that subdivisions or individual lot applications for detached
one- and two-family dwelling unit buildings shall be exempt from site
plan review and approval.
A.
The Planning Board shall have exclusive jurisdiction over subdivisions, site plans, conditional uses, the granting of variances in certain instances and such other items as set forth in § 130-5.
C.
The administrative officer shall, within 14 days after
receipt of a development application, make a determination as to whether
the Board to which the application is made has jurisdiction.
The following development applications shall
require notice of a public hearing by the Planning Board or Board
of Adjustment prior to making a decision:
[Amended 5-20-2003 by Ord. No. 2003-61]
B.
If the Board fails to grant or deny an application
for development within the time period provided by law, the applicant
may claim approval of his or her application as a result of this failure.
To do so, an applicant shall comply with the provisions below.
[Added 11-5-2007 by Ord. No. 2007-99]
(1)
The applicant shall provide notice of the default approval to the Board and to all those entitled to notice by personal service or certified mail of the hearing on the application, pursuant to § 130-24.
(2)
The applicant shall arrange publication of a notice
of the default approval in the official newspaper of the Township,
if there is one, or in a newspaper of general circulation in the Township.
(3)
The applicant shall file an affidavit of proof of
service and publication with the administrative officer, who, in the
case of a minor subdivision or final approval of a major subdivision,
shall be the officer who issues certificates pursuant to N.J.S.A.
40:55D-47, 40:55D-50 or 40:55D-76, as the case may be.
A.
The rules, regulations and standards contained in
this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Township. Any action taken by the municipal agency under the
terms of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
developer or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impractical or will exact undue hardship,
the municipal agency may permit such variations or modifications as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this chapter.
B.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or any other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the approving authority shall
process such application for development in accordance with this chapter;
and if such application for development complies with the requirements
of this chapter, the approving authority shall approve such application
conditioned on removal of such legal barrier to development.
C.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the approving authority, the approving authority shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the approving authority shall
make a decision on any application for development within the time
period provided in this chapter or within an extension of such period
as has been agreed to by the applicant, unless the approving authority
is prevented or relieved from so acting by the operation of law.
D.
De minimis exceptions, residential development.
[Added 6-24-1997 by Ord. No. 97-51]
(1)
The municipal agency may grant such de minimis exceptions
from the requirements of the residential site improvement standards
adopted pursuant to N.J.A.C. 5:21 as may be reasonable and within
the general purpose and intent of the standards if the literal enforcement
of one or more provisions of the standards is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the development in question.
(2)
An application for an exception pursuant to this section
shall be filed, in writing, with the municipal agency and shall include:
(3)
Exceptions shall become a part of the construction documents
and shall be retained by the municipal agency.
(4)
Within 30 days of granting a de minimis exception request,
the secretary of a municipal agency agreeing to an exception pursuant
to this section shall send a copy of the document(s) constituting
the de minimis exception resolution and/or document to the New Jersey
Department of Community Affairs, Division of Codes and Standards,
101 South Broad Street, CN 802, Trenton, NJ 08625-0802. Such notice
shall be clearly marked "Site Improvement Exception(s)."
(5)
An application for an exception may also be made by
an officer or agency of the municipality.
(6)
Examples of de minimis exceptions include, but are
not limited to, the following:
(a)
Reducing the minimum number of parking spaces
and the minimum size of parking stalls.
(b)
Reducing the minimum geometries of street design,
such as curb radii, horizontal and vertical curves, intersecting angles,
center-line radii, and others.
(c)
Reducing cartway width.
(d)
Any changes in standards necessary to implement
traffic calming devices.
(7)
The municipal agency's granting of a request for a
de minimis exception shall be based on a finding that the requested
exception meets the following criteria:
E.
Waiver request, residential development. In the event
that a waiver of any site improvement standard adopted pursuant to
N.J.A.C 5:21 is requested in connection with a specific development,
the municipal agency shall, in appropriate instances, condition its
approval upon the subsequent waiver approval of the State Improvement
Advisory Board, provided that the approving authority shall make a
decision on any application for development within the time period
provided in this chapter or within an extension of such period as
has been agreed to by the applicant, unless the municipal agency is
prevented or relieved from so acting by the operation of law.
[Added 6-24-1997 by Ord. No. 97-51]
F.
Agreement to exceed residential standards.
[Added 6-24-1997 by Ord. No. 97-51]
(1)
A standard set for in Article VIII, "Improvement standards" may be exceeded for a residential development when both the developer and the municipal agency agree that such exceeding of a standard is desirable under the specific circumstances of a proposed residential development.
(2)
Any agreement between developer and municipal agency
to exceed a standard set forth in these rules shall be placed in writing
by the developer.
A.
The Mayor may appoint one or more persons to assist
the Planning Board as a citizens' advisory board pursuant to N.J.S.A.
40:55D-27.
B.
Environmental Commission.
(1)
Upon the filing of an index of natural resources by
the Environmental Commission, the Planning Board or Board of Adjustment
shall make available copies of every development application pursuant
to N.J.S.A. 40:55D-27.
(2)
The Planning Board or Board of Adjustment, as the
case may be, must transmit for the Environmental Commission's review
and comment any application for development in the Pinelands Area.
[Amended 2-7-1995 by Ord. No. 95-17]
A.
No member of the Planning Board or Board of Adjustment
shall act on any matter in which he has, either directly or indirectly,
any personal or financial interest in accordance with N.J.S.A. 40:55D-23
and N.J.S.A. 40:55D-23.1.
B.
If the Planning Board lacks a quorum because any of its regular members or alternate members is prohibited by Subsection A above from acting on a matter due to the member's personal or financial interests, 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 interests, 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.
C.
If the Board of Adjustment lacks a quorum because any of its members or alternate members is prohibited by Subsection A above from acting on a matter due to the member's personal or financial interests, 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 interests, 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.
A.
Regular meetings of both the Planning Board and 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 or lack of a quorum.
All regular and special meetings shall be open to the public.
B.
Special meetings may be provided for 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 the provisions of the Open Public Meetings Act, P.L.
1975, c. 231.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by a majority vote of the
members of the municipal agency present at the meeting, except as
otherwise required by statute. Failure of a motion to receive the
number of votes required to approve an application for development
pursuant to the exceptional vote requirements of Section 25 or 57d
of the Act[2] shall be deemed an action denying the application. Nothing
herein shall be construed to contravene any act providing for procedures
for the Township Council.
[2]
Editor's Note: See N.J.S.A. 40:55D-34 and
40:55D-70d, respectively.
E.
All regular meetings and all special meetings shall
be open to the public, and notice shall be given in accordance with
the provisions of N.J.S.A. 40:55D-9.
G.
Minutes of every regular or special meeting shall
be kept in accordance with N.J.S.A. 40:55D-9. Said minutes shall be
made available within 10 days following each meeting. The minutes
shall be marked "unapproved" if not yet adopted.
H.
An executive session for the purpose of discussing
and studying any matters to come before the Board shall not be deemed
a regular or special meeting within the meaning of this chapter.
[Added 11-5-2007 by Ord. No. 2007-99]
[Added 11-5-2007 by Ord. No. 2007-99]
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
Municipal Clerk. 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
may be charged a reasonable fee for reproduction of the minutes for
his use.
[Added 11-5-2007 by Ord. No. 2007-99]
Development regulations shall not take effect
until a copy thereof shall be filed with the County Planning Board.
A zoning ordinance or amendment or revision thereto which in whole
or in part is inconsistent with or not designed to effectuate the
land use plan element of the Master Plan shall not take effect until
a copy of a resolution providing reasons for the inconsistency and
adopted by a majority of the full membership of the Council shall
be filed with the County Planning Board.
A.
Rules. The Planning Board and Board of Adjustment
shall 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-10 et seq.
B.
Oaths. The officer presiding at the hearings, or such
person as he may designate, shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law P.L. 1953, c. 1983 (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. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The Board shall allow a transcript, or duplicate
recording in lieu thereof, to be made on request by any interested
party.
F.
Resolution of memorialization.
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of fact and conclusions based thereon.
(2)
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.
(3)
The municipal agency shall provide such written decision,
findings and conclusion in accordance with the time limits set forth
in N.J.S.A. 40:55D-10g.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall be governed by the provisions of N.J.S.A.
40:55D-10g.
(5)
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.
A.
Whenever a hearing is required on any application
for development pursuant to N.J.S.A. 40:55D-10 et seq. or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice in accordance with the standards set forth in N.J.S.A.
40:55D-12.
(1)
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the developer shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
(2)
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
(3)
All notices required to be given pursuant to the terms
of this chapter shall comply with the conditions set forth in N.J.S.A.
40:55D-11.
(5)
Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the Tax Assessor shall, within seven days after receipt of a request
therefor and upon receipt of payment of a fee of $10, make and certify
a list from the current tax rolls of names and addresses of owners
to whom the applicant is required to give notice pursuant to this
section.
A.
The memorializing resolution shall be adopted by a
vote of a majority of the members of the Board who voted for the action
previously taken, and no other member shall vote thereon. If only
one member who voted for the action attends the meeting at which the
resolution is presented for adoption, the resolution may be adopted
upon the vote of that member. The vote on such resolution shall be
deemed to be a memorialization of an action of the Board and not to
be an action on an application for development by the Board, except
that failure to adopt such resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon. If the Board fails to adopt a resolution
or memorializing resolution as specified herein, any interested party
may apply to the Superior Court in a summary manner for an order compelling
the Board to reduce its findings and conclusions to writing within
a stated time, and the cost of the application, including attorneys’
fees, shall be assessed against the Township.
[Added 11-5-2007 by Ord. No. 2007-99[1]]
B.
Each decision on any application for development shall
be set forth in writing and shall include findings of fact and conclusions
based thereon.
C.
A copy of the decision shall be made available in
accordance with N.J.S.A. 40:55D-10h.
F.
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 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 prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
[Added 11-5-2007 by Ord. No. 2007-99]
G.
A brief notice of every final decision shall be published
in the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board or Board of Adjustment,
as the case may be. A reasonable charge may be made to the applicant
for such publication. The notice shall be sent to the official newspaper
for publication within 10 days of the date of such decision.
A.
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 the 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, 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 municipality will be adequately protected.
B.
Pursuant to N.J.S.A. 40:55D-48.1 et seq., a corporation
or partnership applying to the Planning Board or the Board of Adjustment
for permission to subdivide a parcel of land or applying for a variance
or for approval of a site plan shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
A.
Before approving a subdivision or site plan, the Planning
Board may require that streets, public drainageways, flood-control
basins and public areas designated for reservation on the Master Plan
or Official Map must be shown on the plat in locations and sizes suitable
to their intended uses and may reserve judgment on those reservations
for a period of one year in accordance with N.J.S.A. 40:55D-44.
[Amended 12-20-1988 by Ord. No. 88-95]
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use pursuant to N.J.S.A. 40:55D-A4.
[Amended 12-20-1988 by Ord. No. 88-95]
C.
Upon the submission to the approving authority of
an application for development showing development proposed for an
area reserved on the Official Map or Master Plan, the Secretary of
the approving authority shall notify the Township Council, in writing,
of such application and that the approving authority intends to grant
approval for development in the reserved area unless the Township
Council notifies the approving authority, prior to the date for final
approval, that it intends to reserve the area in question and will
provide compensation to the developer for such reservation. The notice
of intent to reserve shall be in the form of a resolution by the Township
Council. The Township Council shall thereupon proceed either to reach
an agreement with the developer as to the amount of compensation to
be paid for such reservation or negotiate a purchase price for the
reserved site. Upon the Township arriving at the amount to be paid
the developer by way of compensation for reservation or purchase,
the amount shall be deposited in escrow for the benefit of the developer.
[Added 11-3-2003 by Ord. No. 2003-140]
A.
Conditions precedent.
(1)
Whenever any application for development is
approved subject to specified conditions intended to be fulfilled
before the approval becomes effective, said conditional approval shall
lapse and become null and void unless all specified conditions, other
than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within
190 days of the date of conditional approval.
(2)
Proof that applications have been filed with
all other agencies having jurisdiction over any aspect of the application
for development shall forthwith be filed with the Township.
(3)
The fulfillment of all other conditions precedent
shall forthwith be reported in writing to the Township, which may
cause such reports to be verified in an appropriate manner. Only upon
fulfillment of all conditions shall any subdivision map or site plan
be signed or any required building permit, occupancy permit or zoning
permit be issued.
(4)
When all conditions have been fulfilled with
respect to any minor or major subdivision, applicant shall, within
30 days of the fulfillment of all such conditions, submit his deed
or a map for signature in accordance with N.J.S.A. 40:55D-47 or N.J.S.A.
40:55D-54 or any such approval shall lapse and be of no force and
effect; provided, however, that the applicant may, for good cause
shown, obtain an extension either before or after the lapse of said
thirty-day period within the reasonable exercise of the Planning Board’s
judgment.
B.
Conditions subsequent.
(1)
Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled, as well as enforcement under § 130-106.
(2)
Nothing herein contained shall be construed
as preventing the Township from specifying a longer period of time
within which any specific condition must be fulfilled.
(3)
The fulfillment of all conditions shall be reported
in writing to the Township which may cause such reports to be verified
in the appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or any site plan be signed or any required
building permit, occupancy permit, zoning permit or other required
approval be issued.
(4)
For purposes of calculating the time period
within which conditions must be fulfilled, such time period shall
commence from the date on which the resolution of approval was adopted.
[Added 7-20-2004 by Ord. No. 2004-54]
No structure or lot shall be used in violation
of this chapter or in violation of any requirement and/or condition
of any approval granted by the Planning Board or Zoning Board of Adjustment
pursuant to this chapter, including any requirement and/or condition
set forth on an approved plan or within an adopted resolution that
is applicable to the structure or lot.
