A.
Purpose. The purpose of this article is to establish the procedure
for Planning Board review and action on applications for subdivisions
and/or site plans. The procedure is intended to provide orderly and
expeditious processing of such applications and encourage early dialogue
between the Board and the developer for the purpose of the constructive
exchange of ideas.
B.
Preapplication. For the purpose of expediting applications and reducing
subdivision and site plan design and development costs, the developer
may and is encouraged to request a preapplication conference and/or
concept plan in accordance with the following requirements:
(1)
Preapplication conference.
(a)
At the request of the applicant, the Planning Board shall authorize
a preapplication conference. The purpose of this conference is to:
[1]
Acquaint the applicant with the substantive and procedural requirements
of the Subdivision and Site Plan Ordinance;
[2]
Provide for an exchange of information regarding the proposed
development plan and applicable elements of the Master Plan, Zoning
Ordinance and other development requirements;
[3]
Advise the applicant of any public sources of information that
may aid the application;
[4]
Otherwise identify policies and regulations that create opportunities
or pose significant constraints for the proposed development;
[5]
Review any proposed concept plans and consider opportunities
to increase development benefits and mitigate undesirable project
consequences;
[6]
Allow input into the planning and design of the project.
(b)
The preapplication conference allows the applicant to meet with
appropriate municipal representatives. These individuals, who shall
be designated by the Mayor and governing body, or by the Planning
Board, may include:
[1]
Planning Board and/or Township Engineer;
[2]
Township Planner;
[3]
Zoning Officer;
[4]
Committees or representative(s) from the Planning Board or the
Board of Adjustment;
[5]
Representatives from the Environmental Commission, Historic
Preservation Commission, and other commissions, as deemed appropriate.
(d)
The applicant shall not be required to pay an application fee
for the preapplication conference; however, an escrow deposit may
be necessary to cover the fees of Board or municipal consultants whose
attendance and review is appropriate. If requested by the applicant,
a brief written summary of the preapplication conference will be provided
within 14 working days after the conference.
(e)
The applicant shall not be bound by the determination of the
preapplication conference, nor shall the Planning Board or subdivision
and site plan committee be bound by any such review.
(2)
Concept plan.
(a)
In addition or as an alternative to the preapplication conference
at the request of the applicant, the Board or the subdivision and
site plan committee shall grant an informal review of a concept plan
for a development for which the applicant intends to prepare and submit
an application for development.
[1]
The purpose of the concept plan is to provide the Board or subdivision
and site plan committee an opportunity to guide the applicant in the
formative stages of subdivision and site plan, and foster dialogue
to achieve a better planning result than might have occurred in the
absence of such dialogue.
[2]
Applicants seeking concept plan informal review shall submit
the items stipulated in Schedule ____ of this chapter 10 days before
the concept plan meeting. These items provide the developer and Planning
Board or subdivision and site plan committee with an opportunity to
discuss the development proposal in its formative stages.
(b)
At the request of the applicant, a brief written summary of
the concept plan review will be provided within 14 working days after
the final meeting.
(c)
The applicant may be charged reasonable administrative fees
for concept plan review. The amount of any administrative fees for
such informal review shall be a credit toward fees for review of the
application for development. An escrow deposit may be necessary to
cover review by Board or municipal consultants.
(d)
The applicant shall not be bound by any concept plan for which
review is requested, nor shall the Planning Board or subdivision and
site plan committee be bound by any such review.
C.
Application.
A.
The Planning Board and Zoning Board of Adjustment shall conduct their
business in public meetings unless otherwise provided herein and permitted
by law. The time and place for regular meetings shall be fixed by
rules adopted pursuant to N.J.S.A. 40:55D-8. Regular meetings shall
be scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
Special meetings may be provided at the call of the Chairman or on
the request of any two of the members of the Board, which shall be
held on notice to its members and the public in accordance with this
chapter. No action shall be taken at any meeting without a quorum
being present. All actions shall be taken by a majority vote of the
members of the Board present at the meeting except as otherwise required
by law. Failure of a motion to receive the number of votes required
to approve an application for development shall be deemed an action
denying the application.
B.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
this chapter. The Board may convene an executive session for the purpose
of discussing and studying any matters to come before it, and such
session shall not be deemed a regular or special meeting within the
meaning of this chapter.
C.
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. Once
adopted the minutes shall thereafter be made available for public
inspection during normal business hours at the office of the administrative
officer. Any interested party, for a fee charged pursuant to this
chapter, may obtain a reproduction of the minutes, once adopted, for
his or her use.
A.
The Board shall hold a hearing on each application for development.
The Planning Board shall hold a hearing on the adoption, revisions
or amendment of the Master Plan.
B.
Hearings shall be conducted in accordance with the rules of the Board.
Any maps and documents for which approval is sought at 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 other documents,
records, or testimony at the hearing to substantiate or clarify or
supplement previously filed maps and documents. However, the Board
shall be under no obligation to proceed upon maps and documents for
which approval is sought, including revised maps, received less than
five working days prior to the hearing or a continued date thereof,
in order that the Board and its professionals, as well as the public,
shall have a fair and reasonable opportunity to review the same prior
to the hearing or continued hearing thereon.
C.
All persons giving testimony at a hearing shall be duly sworn by
the Board Attorney or, in the absence of the Board Attorney, the Chairman
or his or her designee. The presiding officer shall have the power
to issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq., shall apply. All interested parties
shall have the right of cross-examination of witnesses involved in
an application for development, which rights shall be exercised through
an attorney or directly, and subject to the discretion of the presiding
officer, and to reasonable limitations as to time and number of witnesses.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
D.
The Board shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. The Board
shall furnish a transcript, or duplicate recording in lieu thereof,
on request, to any interested party at the expense of such party.
The Board, in furnishing a transcript of the proceedings or tape to
an interested party, shall not charge such interested party more than
the actual cost of preparing the transcript or tape. Transcripts shall
be certified in writing by the transcriber to be accurate.
[Amended 12-13-1999 by Ord. No. 99-27]
E.
The Board shall reduce to writing each decision on any application
for development. Such decision shall include findings of fact and
conclusions based thereon. The Board shall provide the findings and
conclusions through the following means:
(1)
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. 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. An action denying the application for failure of a motion to receive the number of votes required to approve the same 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 of operative denial. The vote on a memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the memorializing resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by Subsections F and G of this section.
[Amended 12-13-1999 by Ord. No. 99-27]
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, and to all who request a
copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the Board in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for the fee established
therefor pursuant to this chapter, and shall make the same available
for public inspection during reasonable office hours.
G.
Publication of decision.
(1)
A brief notice of the decision shall be published in the official
newspaper of the Township, if there be one, or in a newspaper of general
circulation in the Township. Such publication shall be arranged by
the Secretary of the Board or the administrative officer if other
than the Secretary. Any applicant may also arrange for such publication.
The Township may make a reasonable charge for its publication.
(2)
The period of time in which an appeal of the decision may be made
shall run from the first publication of the decision, whether arranged
by the municipality or the applicant
H.
No hearing need be convened by the Board in the absence of a complete
application for development as certified by the Board or its authorized
committee or designee. In the event that an application has not been
certified as complete within 45 days of the date of its submission,
the application shall nevertheless 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 approved checklist which has been provided to the applicant, and
the Board, or its authorized committee or designee, has notified the
applicant, in writing, of the deficiencies in the application within
45 days of submission of the application. If waivers are sought with
respect to one or more of the submission requirements, the applicant
must request the same, in which event the Board or its authorized
committee or designee shall grant or deny the request within 45 days.
I.
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 Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter 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. However,
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 Board.
J.
Appearances, order of presentation, reports, continuances, board-employed
or other expert witnesses, viewing by the Board of evidence and exhibits,
letters and petitions and burden of proof shall be proffered or proceeded
upon, as the case may be, in accordance with the rules of the Board.
K.
If, at the time set for hearing, a verbatim record cannot be made
for good reason, as where recording equipment is inoperable, the Board
shall, if time is not a factor, continue the hearing to another date.
However, if time is a factor, and if all interested parties present
agree, the Board may proceed with the hearing on the understanding
that in the event of an appeal or further review, an agreed statement
of facts will be supplied to the reviewing body. In the absence of
such agreement, where time is a factor, the Board shall be entitled
to deny the relief sought in order to prevent a statutory approval
by reason of the Board's failure to make a decision within the required
time.
L.
The Board, on its own motion, may dismiss any action without prejudice
if neither the applicant nor anyone on his or her behalf appears at
the time set for the hearing of said application. Further, the Board,
on its own motion, may dismiss, without prejudice, any application
for failure to comply with its rules. Any applicant may, at any time
before the commencement of the hearing, voluntarily withdraw his or
her application, in which case the application shall be dismissed
without prejudice. The Board shall have the power to impose reasonable
terms and conditions on the dismissal of any application.
M.
If, during the pendency of an application, an ordinance amendment
is adopted which affects the application, such amendment shall control
the decision of the Board. If the adoption of an ordinance prohibits
the proposed use, the Planning Board's jurisdiction shall be terminated,
and the applicant shall be transferred to the jurisdiction of the
Zoning Board of Adjustment.
A.
A member of the Board who has been absent for one or more of the
meetings in which a hearing was held, or was not a member of the municipal
agency at that time, shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding an absence from one
or more of the meetings; provided, however, that such Board member
certifies in writing to the Board that he or she has read a transcript
or listened to a recording of the hearing from which he or she was
absent or was not a member.
[Amended 12-13-1999 by Ord. No. 99-27]
B.
All voting on an application for development shall result from a
motion and a second, together with an opportunity for discussion thereon.
All votes shall be taken by roll call, and the vote and name of the
member casting the vote shall be recorded in the minutes. Unless otherwise
provided in this chapter or by law, any action may be authorized by
a majority vote of the members present at such meeting.
C.
An abstention shall be regarded as an assent to the vote of the majority
and as otherwise provided in the rules of the Board. A disqualified
member shall not be counted as an abstention and shall, instead, remove
himself or herself from the panel and not be involved in the consideration
of the application. A tie vote shall defeat an application; abstentions
shall not be construed to approve an application.
A.
Each application shall be decided strictly on the basis of the facts
adduced at the hearing and as contained in the maps and other documents
comprising the record for which approval is sought. The facts adduced
at the hearing, all testimony and all evidence on which the Board
makes its decision must be part of the record, and the Board's decision
must include findings of facts from the record on which it made its
decision and conclusions on the points of law pertaining thereto.
The Board's decision must be reached at a public meeting, and the
Board's vote on the making of its decision and the adoption of its
resolution must be taken at a public meeting.
B.
The Board shall have the discretionary power to grant relief other
than the precise relief or portion thereof sought by the applicant,
provided that any interested party shall have received reasonable
notice of the fact that such relief might be sought and granted.
C.
The Board may decide to reserve decision on a matter after the hearing
is completed and may make its decision at the next meeting, provided
that the required or extended period within which to decide the application
will not expire prior to the next succeeding meeting.
D.
The Board may authorize the Board Attorney to prepare a resolution
for consideration at the next meeting, provided the prevailing time
limitation will not expire prior to such meeting. Any action to authorize
the preparation of such a resolution shall not be construed as the
making of a decision or action on the application, but shall be only
an indication of an intention to act upon an application in a certain
manner. The Board shall not be bound by such measure.
E.
Any resolution prepared by the Board Attorney and transmitted to
the Board for consideration at its next meeting shall be considered
a privileged document between the Attorney and the Board and shall
not become a matter of public record until such time as it is determined
by the Board and its Attorney that the resolution properly memorializes
and reflects the decision of the Board in the final work product of
the Attorney. The Board and the Attorney may consent to a waiver of
this requirement for good cause shown and expressed by the applicant
or interested parties at or before the time of decision.
A.
In the event that it appears to the Board on reasonable grounds that
an applicant or witness has not been truthful, or that a mistake has
been made, and such circumstances bear on facts which are essential
in the granting of the relief sought by the applicant and were relied
upon by the Board taking action, then, upon discovery of such misrepresentation,
fraud or mistake, the Board may rehear the matter, either on application
of an interested party or on its own motion when unusual circumstances
so require in the interests of justice. In such event, the Board may,
upon notice directed to the applicant and all other interested parties,
require the applicant to appear before it for the purpose of explaining
the testimony previously given at the hearing. At such subsequent
hearing, it may be determined whether or not the testimony as given
at the original hearing was, in fact, false or mistaken. Mistake or
fraud in proceedings, left uncured, shall constitute grounds for a
rescission.
B.
At any time after the adoption of a resolution of memorialization,
any person having an interest in such decision may move the Board
for an order relaxing, vacating or modifying any term or condition
of said decision by filing with the Board a request in the form of
a letter setting forth the reasons therefor and the grounds relied
upon. If the nature, extent, scope or consequence of the proposed
change would be substantial in any manner or respect, a hearing shall
be set and the movant shall give notice of such hearing in the same
form and manner as otherwise required in the case of the original
application. The Board, on its own motion, may, in a proper case,
similarly order all parties in interest to show cause at the time
and place fixed in the notice why the terms or provisions of any decision
ought not to be vacated or modified.
Notice pursuant to Subsections A, B, D, E, F, G and H of this
section shall be given by the applicant unless a particular Township
official is hereafter so designated by ordinance; provided that nothing
contained herein shall prevent the applicant from giving such notice
if he or she so desires. Notice pursuant to the said subsections shall
be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of Section 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-49) and Subsection b of Section 40 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-52) for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development with the following exceptions: minor site plan review as defined in this chapter, minor subdivisions as defined in this chapter or final approval pursuant to Article VI of this chapter. Public notice shall be given for appeals of determinations of administrative officers pursuant to Subsection a of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), and for requests for interpretation pursuant to Subsection b of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
[Amended 12-13-1999 by Ord. No. 99-27]
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all 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 such hearing; provided that 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. Notice shall be given by 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 by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
C.
Upon the written request of an applicant, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection H of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
D.
Notice of hearings on applications for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the clerk of such municipality.
E.
Notice shall be given by personal service or certified mail to the
Sussex 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 situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to Subsection b of N.J.S.A. 40:55D-10.
H.
Notice of hearings on applications for approval of a major subdivision or site plan not defined as a minor site plan requiring public notice pursuant to Subsection A of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with N.J.S.A. 40:55D-12.1, by:
(1)
Serving a copy of the notice on the person whose name appears on
the registration form on behalf of the public utility, cable television
company or local utility; or
(2)
Mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.
I.
The applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development in the
event that the applicant is required to give notice pursuant to this
section.
A.
Every public utility, cable television company and local utility
interested in receiving notice pursuant to Subsection h of N.J.S.A.
40:55D-12 may register with the Township. Such registration shall
remain in effect until revoked by the public utility, cable television
company, or local utility or by its successor in interest.
B.
The Township Clerk shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to Subsection A of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection h of N.J.S.A. 40:55D-12. The information contained therein shall be made available to any applicant, as provided in Subsection c of N.J.S.A. 40:55D-12.
A.
Notice concerning the adoption, revision or amendment of the Master
Plan shall be given in accordance with N.J.S.A. 40:55D-13.
B.
Notice concerning the adoption, revision or amendment of a development
regulation involving property situated within 200 feet of an adjoining
municipality shall be given in accordance with N.J.S.A. 40:55D-15.
C.
Notice concerning hearings on the adoption, revision or amendment
of any development regulation, municipal capital improvement program
or municipal official map shall be given to the Sussex County Planning
Board in accordance with N.J.S.A. 40:55D-15b.
D.
Notice of a hearing on an amendment to the Zoning Ordinance proposing
a change to the classification or boundaries of the zoning district,
exclusive of classification or boundary changes recommended in a periodic
general reexamination of the Master Plan by the Planning Board, shall
be given by the Township Clerk in accordance with N.J.S.A. 40:55D-62.1.
The Clerk shall execute affidavits of proof of service of the notices
required pursuant thereto, and shall keep the affidavits on file along
with proof of publication of the notice of the required public hearing
on the proposed Zoning Ordinance change. Costs of the notice provision
shall be the responsibility of the proponent of the amendment.
Any power expressly authorized by this chapter and the Municipal
Land Use Law[1] to be exercised by either the Planning Board or the Board
of Adjustment shall not be exercised by the other board or any other
body, except as otherwise provided in this chapter and the said law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or 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 or welfare, and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval shall be suspended
for the period of time said legal action is pending or such directive
or order is in effect.
A.
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 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 Board shall process such application for development in accordance
with the development regulations contained in this chapter, and, if
such application complies with the said regulations, the Board shall
approve such application conditioned on removal of such legal barrier
to development.
B.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency; provided
that the Board shall make a decision on any application for development
within the time period provided by this chapter and by law or within
an extension of such period as has been agreed to by the applicant,
unless the Board is prevented or relieved from so acting by the operation
of law. The Secretary of the Board shall monitor the performance of
all such conditions.
Any variance granted pursuant to N.J.S.A. 40:55D-70 pursuant
to the Board of Adjustment's powers, or by the Planning Board pursuant
to its ancillary powers under N.J.S.A. 40:55D-60 where a separate
or bifurcated application has been made to the Planning Board for
a variance subject to subsequent application for any required approval
of a subdivision, site plan or conditional use, shall expire one year
from the date of adoption of the resolution granting such variance
unless an appropriate building permit has been obtained in connection
therewith or as otherwise permitted or required by law. In the event
that the Board of Adjustment, pursuant to its powers under N.J.S.A.
40:55D-76, or the Planning Board, pursuant to its powers under N.J.S.A.
40:55D-25, shall have granted subdivision, site plan or conditional
use approval either predicated on a variance pursuant to Subsection
d of N.J.S.A. 40:55D-70 or involving ancillary variances contemplated
in N.J.S.A. 40:55D-60, or as otherwise permitted by law, and provided
that such approval has been granted concurrently with or not later
than one year after approval of the subject variance, then, in that
event, the term of any such variance shall be coterminus and coextensive
with the period of protection conferred upon the applicant pursuant
to such concurrent or subsequent approval.
A corporation or partnership applying to either Board for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units,
or for approval of a site to be used for commercial purposes, 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.
If a corporation or partnership owns 10% or more of the stock of the corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to § 330-32, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent ownership criterion established hereinabove, have been listed.
No application of any corporation or partnership which does not comply with §§ 330-32 and 330-33 shall be approved by the respective board. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a ten-percent or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the Township in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
A.
The period within which a board must decide an application shall commence as of the date of certification of completeness and, if not certified as being complete within 45 days, then on such date as the application is deemed to be complete by operation of law; provided that nothing herein shall be construed to disallow an extension pursuant to Subsection C of this section.
B.
The Secretaries to the Board of Adjustment and Planning Board shall
monitor the status of all pending applications, keep a record thereof,
and keep each Board advised accordingly.
C.
The Board may seek, and an applicant may grant, consent to an extension
of time on the record or in writing. If an applicant fails to appear
and the period within which to decide the application will expire
prior to the next regularly scheduled meeting of the Board, such application
will be dismissed without prejudice. It shall not be necessary to
obtain the consent of any objector to an application in order that
an application be extended.
D.
The time for action by the Board of Adjustment shall be as follows:
(1)
On variance applications: 120 days after certification or the deeming
of completeness, or within such further time as may be consented to
by the applicant.
(2)
On applications for site plan approval or subdivision approval if
such application was filed simultaneously with the application for
a use variance: 120 days.
E.
The time for action by the Planning Board on site plan, subdivision,
conditional use and general development plan applications shall be
as follows:
(1)
Where simultaneous application for a site plan, subdivision or conditional
use and for a variance is made: 120 days.
(2)
On an application for subdivision of 10 or fewer lots: 45 days.
(3)
On an application for subdivision of more than 10 lots: 95 days.
(4)
On a minor site plan or minor subdivision: 45 days.
(5)
On a site plan involving 10 acres of land or less and 10 or fewer
dwelling units: 45 days.
(6)
On a site plan involving more than 10 acres or more than 10 dwelling
units: 95 days.
(7)
On a conditional use application: 95 days.
(8)
On a general development plan: 95 days.
