[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.
The following development applications shall
require notice of a public hearing by the Planning Board or Board
of Adjustment prior to making a decision:
B. Any application involving a variance of any kind.
C. Any application for a conditional use.
E. Any application for a planned residential development
F. Any application for change of zone.
[Amended 5-20-2003 by Ord. No. 2003-61]
A. Unless the developer agrees to an extension, after
submission of a complete application, a Board must grant or deny approval
of a development application within the time periods established by
the Municipal Land Use Law and within this chapter.
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.
[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.
[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.
[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.