[Amended 11-8-1978; 6-11-1980; 6-10-1987 by Ord. No. 87-10; 3-20-2001 by Ord. No. 01-2]
A.
Establishment. There is hereby established in the
Township of Washington, a Land Use Board of nine members consisting
of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission,[1] the member of the Environmental Commission who is also
a member of the Land Use Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Land
Use Board member for purposes of this chapter in the event that there
are among the Class IV members or alternate members of the Land Use
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 governing body to be appointed
by it.
(4)
Class IV: six other citizens of the Township to be
appointed by the Mayor as regular members and two other citizens of
the Township to be appointed as alternates. The members of Class IV
shall hold no other municipal office, except that one member may be
a member of the Board of Education. If there is a Municipal Environmental
Commission, the member of the Environmental Commission who is also
a member of the Land Use Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Land Use Board member,
unless there is among the Class IV members or alternate members of
the Land Use Board a member of the Board of Education, in which case
the member common to the Land Use Board and Municipal Environmental
Commission shall be deemed a Class II member of the Land Use Board.
Alternate members of Class IV shall be designated by the Mayor at
the time of appointment as "Alternate No. 1" and "Alternate No. 2."
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.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to his official tenure.
(2)
The terms of the members composing Class II and Class
III 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 of office as a member of the Environmental
Commission, whichever occurs first.
(3)
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he is no longer
a member of such other body or at the completion of his Class IV term,
whichever occurs first. The terms of all Class IV members first appointed
hereunder shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment, provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
Class IV term of each such member shall be four years. The alternate
members of Class IV shall serve for terms of two years; provided,
however, that the initial terms of the two Class IV alternate members
shall be one and two years respectively.
C.
Conflict of interest. No member or alternate member
of the Land Use Board shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
D.
Removal for cause. Any member other than a Class I
member, after a public hearing if he requests one, may be removed
by the governing body for cause.
E.
Vacancies. 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.
F.
Authority.
(1)
The Land Use Board shall review and may approve all
subdivisions, site plans and conditional uses and otherwise administer,
pursuant to this chapter, the provisions hereof pertaining to subdivisions,
site plans and conditional uses. The Land Use Board, when reviewing
these applications, shall have the power to grant variances and other
relief as follows:
(a)
Grant a variance from the strict application
of the Zoning Ordinance[2] where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any such regulation of said ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, in order to relieve such difficulties or hardship; provided, however, that no variance from those departures enumerated in Subsection F(1)(h) herein below (N.J.S.A. 40:55D-70d) shall be granted under this subsection.
(b)
Grant a variance from the strict application of the Zoning Ordinance, 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 zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements; provided, however, that no variance from those departures enumerated in Subsection F(1)(h) herein below (N.J.S.A. 40:55D-70d) shall be granted under this subsection.
(c)
Grant direction pursuant to N.J.S.A. 40:55D-34
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 reserved pursuant to N.J.S.A. 40:55D-32.
(d)
Grant direction pursuant to N.J.S.A. 40:55D-36
for issuance of a permit for a building or structure not related to
a street.
(e)
Review and approve or deny conditional uses as outlined in § 64-16, Conditional uses. The Board has the authority to review all aspects of a development plan simultaneously without the developer being required to make further application to the Land Use Board or the Land Use Board being required to hold further hearings. The longest time period for action by the Land Use Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the hearing shall include reference to the request for such conditional use.
(f)
Hear and decide appeals where it is alleged
by the appellant 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.
(g)
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 provisions of this chapter or by any duly adopted
Official Map.
(h)
In particular cases and for special reasons,
grant a variance to allow departure from the zoning provisions of
this chapter to permit:
[1]
A use or principal structure in a district restricted
against such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a particular specification or
standard set forth in this chapter as pertaining solely to a conditional
use.
[5]
An increase in the permitted density, i.e., number of dwelling units per gross area of land to be developed, as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a 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, in which event applications would be made pursuant to Subsection F(1)(a) hereinabove.
(2)
General provisions. No variance or other relief may be granted under Subsections F(1)(a), (b) and (h) hereinabove unless such variance 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. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency, other than the Land Use Board, for its report.
(3)
Whenever relief is requested pursuant to this section,
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. Whenever an application for approval
of a subdivision plat, site plan or conditional use includes a request
for a variance, the Land Use Board shall grant or deny approval of
the application within 120 days after submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Land Use Board to act
within this period shall constitute approval of the application.
(4)
Class I and Class III members of the Board shall not participate in applications for development that involve relief pursuant to N.J.S.A. 40:55D-70d [Subsection F(1)(h)] hereinabove.
(5)
In the granting of variances pursuant to N.J.S.A.
40:55D-70c and d, the approving authority may condition the variance
granted on the obtaining of a building permit or zoning permit within
one year or other specified reasonable time thereafter.
G.
Hearing notices and actions taken by the Land Use Board when reviewing a site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variances shall be in accordance with § 64-6, Public hearings and notices.
H.
In the event that the Land Use Board disapproves a
development plan, no zoning permit, building permit or certificate
of occupancy shall be issued. Any applicant wishing to make a change
in an approved application shall follow the same procedure as the
original application.
I.
The Land Use Board shall have the authority to permit
a deviation from the final plan if it is caused by a change of conditions
beyond the control of the developer since the date of final approval
and if the deviation would not substantially alter the character of
the development or substantially impair the intent and purpose of
the Master Plan and Zoning Ordinance.
J.
The Land Use Board shall also have the following powers
and duties:
(1)
To make and adopt and from time to time amend a Master
Plan for the physical development of the Township, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To participate in the preparation and review of programs
or plans required by state or federal laws or regulations.
(3)
To assemble data on a continuing basis as part of
a continuous planning process.
(4)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
(5)
To consider and make report to the governing body
within 35 days after referral as to any proposed development regulation
submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a,
and also to pass upon other matters specifically referred to the Land
Use Board by the Township Committee, pursuant to the provisions of
N.J.S.A. 55D-26b.
(6)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
(7)
To review its decisions on applications and appeals
for variances on an annual basis and prepare and adopt a report on
its findings on zoning ordinance provisions that were the subject
of variance requests and its recommendations for zoning ordinance
amendment or revision, if any, all in accordance with N.J.S.A. 40:55D-70.1.
K.
The Land Use Board shall have the authority, by resolution of such Board, to establish a Review Committee, composed of members of the Board. Such Committee shall have the power to review initially and to determine the completeness of applications for development before the Land Use Board, as well as to determine (under § 64-8) that special professional review for an application is required.
L.
Appeals to the Land Use Board shall be taken in accordance
with the time frames set forth in N.J.S.A. 40:55D-1 et seq. and/or
the Washington Township Code, whichever is applicable, by any interested
party under the provisions of law. All decisions of the Land Use Board
as to zoning decisions shall be amended in accordance with N.J.S.A.
40:550-73 and/or any other provisions of the Municipal Land Use Law
or the Washington Township Code, whichever is applicable.
M.
All other applicable provisions of N.J.S.A. 40:550-1
et seq. as to zoning issues, laws, or powers shall be applied to the
jurisdiction of the Land Use Board, including, but not limited to
N.J.S.A. 40:55D-72.1; 40:55D-74; 40:55D-75 and 40:55D-76, as amended
and supplemented from time to time.
[1]
Editor's Note: Former § 64-4, Board
of Adjustment, as amended, was repealed 3-20-2001 by Ord. No. 01-2.
[Amended 11-8-1978; 6-11-1980; 3-20-2001 by Ord. No. 01-2]
A.
Organization of Board. The Land Use Board shall elect
a Chairman and Vice Chairman from the members of Class IV. The Board
shall select a Secretary and may select an Assistant Secretary, who
may be members of the Board or municipal employees.
B.
Attorney; experts and staff. There is hereby created
the office of Land Use Board Attorney. The Board may annually appoint
or fix the compensation of or agree upon the rate of compensation
of the Board Attorney, who shall be an attorney other than the Municipal
Attorney. The Land Use Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
C.
Rules and regulations. The Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this chapter.
D.
Conflicts of interest. No member or alternate member
of the Land Use Board shall act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
E.
Meetings.
(1)
Meetings of the Land Use Board 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.
(2)
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meeting
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be by majority vote of a quorum
except where a specified portion of the full authorized membership
is required by statute. (See N.J.S.A. 40:55D-34 and 40:55D-70d.)
(4)
All regular meetings and all special meetings shall,
as required by law, be open to the public. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meetings Law, Chapter 231 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F.
Minutes. 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
the 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
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his
use as provided for in the rules of the Board.
G.
Hearings.
(1)
Rules. The Land Use Board may make rules governing
the conduct of hearings before such bodies, which rules shall not
be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or
of this chapter.
(2)
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths or
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.
(3)
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.
(4)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party, at his
expense.
(6)
A member of a municipal agency who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearings from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
[Amended 6-11-1980; 3-20-2001 by Ord. No. 01-2]
All public hearings conducted on subdivisions,
site plans or variances before the Land Use Board shall follow the
requirements of the Municipal Land Use Law,[1] which are in part as follows:
A.
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 hearing date during normal business hours
in the office of the Township Clerk.
B.
The approving authority shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means.
C.
Decisions on applications; memorialization.
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of facts 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 may provide such written decision
and findings and conclusions, either on the date of the meeting at
which the municipal agency acts to grant or deny approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting, by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the municipal agency thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
(4)
The adoption of a resolution of memorization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereof. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency, except that
failure to adopt such a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
D.
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant,
or if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the administrative officer. A
brief notice of the decision shall also be published in the official
newspaper of the municipality, the publication of which shall be arranged
by the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
E.
All notices of hearings shall state the date, time
and place of the hearing, the nature of the matters to be considered
and an identification of the property proposed for development by
street addresses, if any, or by reference to lot and block numbers,
as shown on the current tax duplicate in the Township Tax Assessor's
office, and the location and times at which any maps and documents
for which approval is sought are available for public inspection.
F.
All the following notices shall be the responsibility
of the applicant and shall be given at least 10 days prior to the
hearing date established by the approving authority:
(1)
Public notice of the hearing shall be given by publication
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality.
(2)
Notice of the hearing shall be given to the owners
of all real property, as shown on the current tax duplicate, located
within 200 feet in all directions of the property which is the subject
of such hearing. This notice shall be given either by serving a copy
thereof on the property owner as shown on 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
said current tax duplicate.
(3)
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.
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or certified
mail to:
(a)
The County Land Use Board where the hearing
concerns a 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.
(b)
The Commissioner of Transportation where the
hearing concerns an application for development of property adjacent
to a state highway.
(c)
The Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units, and the notice to the Director shall
include a copy of any maps or documents required to be on file with
the administrative officer.
G.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing. Any notice
made by certified mail shall be deemed complete upon mailing.
H.
The Township Tax Assessor is authorized to make and
certify the list of names and addresses of owners to whom the applicant
is required to give notice as stated in N.J.S.A. 40:55D-12c and to
charge a fee of $10 for such list.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
All zoning provisions of the Zoning Ordinance[1] shall be met at the time of the erection, enlargement,
alteration, moving or change in use of the principal use and shall
apply to the entire structure or structures whether or not the entire
structure or structures were involved in the erection, enlargement,
alteration, moving or change in use.
B.
All developments which require subdivision or site
plan approval shall comply with all the design and performance standards,
including conditions imposed by the approving authority, as shown
on the approved plat and/or included in the resolution adopted by
the approving authority.
[Added 12-28-1989 by Ord. No. 89-15]
A.
All applications for development to the Land Use Board
shall be made upon the application forms provided by the Clerk of
the Board or the administrative officer. The form of such application
shall be as set forth in Appendix I annexed hereto and made a part
hereof.[1] All such applications for major subdivision and/or site plan approval within the Carbonate Rock District of this Township, as described in Chapter 55 of this Code, shall comply with the procedures and requirements and make the submissions to the Board, which are described in Chapter 55.
[Amended 3-18-1997 by Ord. No. 97-4; 3-20-2001 by Ord. No. 01-2]
[1]
Editor's Note: Appendix I is on file in the
office of the Township Clerk.
B.
All applications for development shall be accompanied
by the appropriate checklists for the type of application made. Such
checklists shall be deemed an integral part of the application, and
no application which lacks a checklist shall be deemed to be complete.
The checklist shall be provided by the Clerk of the Board or the administrative
officer, and the form of such checklists shall be as set forth in
Appendix II annexed hereto and made a part hereof.[2]
[Amended 3-20-2001 by Ord. No. 01-2]
[2]
Editor's Note: Appendix II is included at the end of this chapter.
C.
No application shall be deemed complete until and unless all fees, as required in § 64-8 of this Code, shall have been paid.
D.
Any application submitted hereunder shall include
therewith all attachments and submissions required by the appropriate
checklist(s) to be submitted on or with the plat or attached or otherwise
submitted, and no application shall be deemed complete until all such
information has been submitted.
E.
No application deemed incomplete for any reason shall
be heard or approved.
F.
Every application for development approval, subdivision
approval (major or minor), any variance, site plan or "conceptual"
(informal) application submitted to the Washington Township Land Use
Board or any of its subcommittees shall be accompanied by written
proof from the Washington Township Tax Collector verifying that no
taxes or assessments for local improvements are due or delinquent
on the property (or properties) which is (are) the subject of any
such application. In the absence of the submission of such written
proof, any application submitted to the Land Use Board shall not be
deemed complete. The Township Committee, in its discretion, shall
have the authority to waive the foregoing tax payment requirements
by a two-thirds vote of the membership of the Committee for good cause
demonstrated by the applicant.
[Added 9-21-2004 by Ord. No. 2004-12]
[Amended 6-12-1985 by Ord. No. 85-8; 6-10-1987 by Ord. No. 87-10; 7-17-1990 by Ord. No. 90-9]
A.
Filing fees. The applicant shall, at the time of submission,
pay the following nonrefundable fee to the Township (fees per lot
shall be based on all lots in the subdivision, including any lot constituting
so-called "remaining lands"):
(1)
Application for classification: $50 per application.
(2)
Informal (conceptual) review: $100 (to be credited
toward filing fees for a later formal application for the same development).
(3)
Minor subdivision approval: $300, plus $100 for each
lot.
(6)
Conditional use approval (N.J.S.A. 40:55D-67): $300.
(7)
Appeal pursuant to N.J.S.A. 40:55D-70a or b: $500.
[Amended 11-21-2006 by Ord. No. 2006-30]
(8)
Hardship or other variance under N.J.S.A. 40:55D-70c:
$300.
(9)
Use or other variance under N.J.S.A. 40:55D-70d: $300.
(10)
Construction permit in conflict with official map
or for lot not related to a public street (N.J.S.A. 40:55D-36): $200.
(11)
Application to the Land Use Board for certification
of preexisting nonconforming use (N.J.S.A. 40:55D-68): $400.
[Amended 3-20-2001 by Ord. No. 01-2]
(12)
Other unspecified applications to the Land Use Board:
$400.
[Amended 3-20-2001 by Ord. No. 01-2]
(13)
Appeal to the Township Committee (N.J.S.A. 40:55D-17):
$400. The appellant shall also, in accordance with N.J.S.A. 40:55D-17c,
arrange for seven copies of the transcript of the hearing(s) before
the Land Use Board, the cost of which is to be paid for by the appellant.
[Amended 3-20-2001 by Ord. No. 01-2]
(14)
Waiver request as to checklist item required for completeness
of application: $10 per waiver requested.
(15)
General development plan approval: $400.
[Added 3-17-1998 by Ord. No. 98-6]
B.
Review fees escrow deposits.
(1)
The filing fees hereinabove set forth are based upon
normal services required for processing applications for development
and include, among other expenses, the services of the approving authority's
secretary in handling the application. These filing fees are not intended
to cover the following costs (also called "review costs"):
(a)
The cost of the technical reviews of the application
and reports on it by experts, such as the Township Engineer, the Township
Planning Consultant and any other professional experts and consultants,
whose review, study, research and reports and/or testimony are deemed
necessary by the approving authority in order to assure compliance
with applicable laws, ordinances, rules and regulations; and
(b)
The charges of the approving authority, Township
Engineer, Township Planning Consultant and of a certified shorthand
reporter, if any, at approving authority meetings during the discussion,
review or processing of the application. In addition to the foregoing
filing fees, each applicant for development approval shall establish
one or more escrow accounts with the Township to cover review costs
involved with the application. The review fee is equivalent to the
total of the review costs associated with the application, as they
are finally determined as described below.
(2)
At the time of submitting an application for development
and periodically thereafter, the applicant shall deposit to the escrow
account the amounts hereinafter provided, which are designed to cover
the review fee, and shall execute an escrow agreement. The escrow
agreement shall be in a form prescribed by the approving authority.
All filing fees and the required initial escrow deposit must be paid
prior to certification that the application is complete. In the event
that the amounts required to be deposited initially in the escrow
account are not sufficient to cover the review costs, the approving
authority shall request additional escrow funds in accordance with
the procedure hereinafter set forth, and these additional funds shall
be paid by the applicant.
(3)
The initial deposit to an escrow account for review
costs shall be the amount calculated as follows:
[Amended 3-18-1997 by Ord. No. 97-4; 3-17-1998 by Ord. No. 98-6; 3-20-2001 by Ord. No. 01-2; 12-21-2004 by Ord. No. 2004-15; 11-21-2006 by Ord. No. 2006-30; 2-17-2009 by Ord. No. 2009-03]
(a)
Preliminary meeting with Township professionals: $1,000.
(b)
Informal (conceptual) review: $2,000 (if professional review
is requested by applicant).
(c)
Minor subdivision approval: $1,200 for each lot.
(d)
Major subdivision approval:
(e)
Site plan approval:
[1]
Minor site plan approval: $3,000.
[2]
Preliminary major approval: $2,000 plus $50 per 1,000 square
feet of lot area, plus $100 per 1,000 square feet of lot coverage
by building(s), all paved surfaces and graveled parking and vehicular
circulation areas.
[3]
Final major approval: $1,000 plus $30 per 1,000 square feet
of lot area, plus $60 per 1,000 square feet of lot coverage by building(s),
all paved surfaces and graveled parking and vehicular circulation
areas.
[4]
Extension of preliminary approval of a major site plan: $250.
(f)
Conditional use approval (N.J.S.A. 40:55D-67): $600.
(g)
Appeal pursuant to N.J.S.A. 40:55D-70a: $375; appeal pursuant
to N.J.S.A. 40:55D-70b: $1,000.
(h)
Hardship or other variance under N.J.S.A. 40:55D-70c: $1,000
plus $300 each additional requested variance.
(i)
Hardship/bulk under N.J.S.A. 40:55D-70c. Simple variance, if
the application involves nothing more than the erection of a fence
or shed on the property of a single- or two-family residence, construction
of a swimming pool accessory to a single- or two-family residence,
or construction of an addition to or an alteration of a single- or
two-family residence not to exceed a total of 400 square feet:
(j)
Use or other variance under N.J.S.A. 40:55D-70d: $3,000.
(k)
Construction permit in conflict with official map or for lot
not related to a public street (N.J.S.A. 40:55D-36): $1,500.
(l)
Application to the Land Use Board for certification of preexisting
nonconforming use (N.J.S.A. 40:55D-68): $400.
(m)
Other unspecified applications to the Land Use Board: $500.
(n)
Appeal to the Township Committee (N.J.S.A. 40:55D-17): $1,000.
(In addition, the appellant shall comply with N.J.S.A. 40:55D-17c,
regarding the transcript.)
(o)
Waiver request as to checklist item for any approving authority
review or approval: $60 per waiver request.
(p)
General development plan approval: 1/4 of escrow deposits which
would be required by this section for preliminary subdivision and/or
site plan approval for development.
(q)
In addition to the foregoing amounts, the following amounts
shall be deposited with applications for preliminary major subdivision
and/or site plan approval for developments with the characteristic
described below:
[1]
Where the proposed development involves at least 50 residential
lots or potential dwelling units or requires, under applicable zoning
regulations, at least 50 off-street parking spaces: $4,500 (toward
the cost of a traffic consultant).
(r)
In addition to the foregoing amounts, the following amounts shall be deposited with applications for preliminary major subdivision and/or site plan approval in the Carbonate Rock District, described in Chapter 55 of this Code, as to geologic investigations described in Chapter 55:
[1]
Escrow for the Phase I (and, if required, the Phase II) checklist
investigation review by the geotechnical consultant (GTC):
(4)
The escrow deposit shall be utilized to pay the review
fees which are based upon the review costs. The professional services
constituting the review costs shall be calculated in accordance with
the actual time required for the review, study, research, report,
testimony and/or transcription, at rates established by a schedule
of professional fees adopted and from time to time amended, by resolution
of the Land Use Board, applicable for such Board. This schedule shall
be maintained in the office of the Township Clerk, as well as at the
office of the Secretary of the Land Use Board for public inspection.
[Amended 3-20-2001 by Ord. No. 01-2]
(5)
Professionals, including certified shorthand reporters,
engaged by any approving authority in connection with the application
and whose services are to be paid from an escrow account shall submit
vouchers for all fees and expenses for their services to the approving
authority for approval, itemized by application and by type of service
rendered. The approving authority shall review all review costs to
be to an escrow account as determined in accordance with the aforementioned
schedule of professional fees, as well as the need therefor. In making
such review, the approving authority shall consider the following
criteria as they apply to the particular application:
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including but
not limited to geological, hydrological and other ecological factors.
(c)
The extent of new streets, roads and other circulation
and parking areas and the traffic impact of the proposed development.
(d)
The impact of the proposed development on surface
water drainage, on existing aquifer and/or on water quality.
(e)
Changes in the application which require additional
review.
(f)
The length of time of hearings and other meetings
reasonably required to process the application.
(g)
The amount of time involved in the professional
review and report.
(6)
If the approving authority determines that the costs
are reasonable and appropriate, the costs so determined shall constitute
part of the review fee, and the approving authority shall forward
its determination to the Township Treasurer, who shall withdraw the
amounts from the escrow account and pay them over to the appropriate
professional.
C.
Administration of review fees escrow deposits.
(1)
Each escrow deposit shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. Review fees escrow deposits shall be in an account separate from inspection deposits established under § 64-12F. The account shall be in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other fund or depository approved for such deposits by the state in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits.
(2)
All interest earned on any account shall be retained
in the account until paid over as hereinafter provided.
(3)
The escrow deposit and account associated with each
application shall be replenished by the applicant whenever the original
escrow deposit is reduced by payments and approved charges against
the account to 35% or less of the original amount. The approving authority's
secretary shall notify the applicant to replenish the escrow, and
the applicant shall, upon request, deposit up to an additional 50%
of the original escrow account amount. In addition to all of the above,
if the approving authority's secretary shall determine that the approved
additional estimated costs exceed any of the foregoing amounts, the
secretary shall require such additional amounts as shall be required
to cover such expenses. No further consideration, review, processing
or inspection shall be performed by or on behalf of the approving
authority until the additional escrow has been paid, except that the
application may be denied for failure to make the required additional
payment.
(4)
In the event that the applicant believes any amount
charged or to be charged to his escrow deposit is unreasonable, the
applicant may, provided that he has then made all required payments
into his escrow account, file with the approving authority's secretary
a written objection and request for a hearing by the approving authority
with respect to such amounts. If the applicant was sent written notice
that such amount was so charged or would be so charged, he shall file
such written objection and request for hearing within 10 days after
such written notice was sent to him. In the event that an objection
and request for hearing is made in this manner, the approving authority
shall hold a hearing with respect to the objection and make a determination
as to the appropriateness of the amounts, using the criteria set forth
above in this subsection. If the approving authority modifies its
previous determination, an appropriate adjustment shall be made.
(5)
The applicant may also, within 10 days after the decision
of the approving authority following the hearing, appeal its decision
to the Township Committee by written notice of appeal received within
such time by the Township Clerk. The appellant shall provide the Township
Committee with that portion of the transcript of the approving authority
hearing on the matter, at the appellant's cost, and the appeal shall
be on the record made before the approving authority.
(6)
The approving authority or Township Committee shall
hold any hearing it conducts (as provided for above in this subsection)
within 30 days of receiving the request for the hearing. The decision
of the body conducting the hearing shall be memorialized in a resolution
containing findings of fact and conclusions. The Township Committee,
when acting as an appellate body from a decision of the approving
authority, may affirm or alter the approving authority's decision.
(7)
Within 120 days after the completion of the review
of an application for development by the approving authority, whether
preliminary or final, the adoption of any resolution memorializing
the decision on the application and the satisfaction of all conditions
required for the plat to be signed or after the withdrawal of an application
(or after the conclusion of the informal discussion, if the deposit
was made for that purpose and is not to be credited toward an application
for development), the Township Treasurer shall refund to the applicant
all deposit moneys remaining in the account, together with the interest,
if any, which the applicant is entitled to receive. The Township shall
retain interest earned on the deposit which does not exceed $100 for
the year. If the interest earned on the deposit exceeds $100 for the
year, 2/3 of the entire amount of the interest earned shall be
refunded to the applicant and the remaining 1/3 shall be paid
over to the Township. After any remaining balance in the account,
including such interest, is so disposed of, the escrow account shall
be terminated.
D.
Payment of fees required. All permits, determinations,
resolutions or certificates of approval are subject to the payment
of all required fees, including the filing fee(s) stated above and
the review fee, which is the aggregate of the finally determined review
costs. No application shall be deemed complete until the required
filing fee(s) and the required initial escrow deposit amounts have
been paid to the Township. The full payment of the proper filing fee(s)
and the review fee(s) as finally determined are required conditions
for the approval of any application for development, and action to
approve such application shall not be taken until such full payment
has been made.
E.
Other guaranties and fees. Performance guaranties, inspection fees and maintenance guaranties shall be in addition to the filing fees and review fees referred to above and shall be as described in § 64-12 of this Code.
F.
All fees and deposits therefor described in this section
shall be paid by certified check, bank money order or good check.
Development proposals involving more than one use shall pay a fee
and deposit equaling the sum of the fees for the component elements
of the plat or submission. Development proposals requiring a combination
of approvals, such as subdivision, site plan and/or a variance, shall
pay a fee and deposit equal to the sum of the fee for each element.
The applicant has the duty of compliance with
reasonable conditions, consistent with law, laid down by the approving
authority for design, dedication, improvements and the use of the
land. Where County Planning Board review or approval is required of
a subdivision or site plan, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable and
unconditional report by the County Planning Board or approval by the
County Planning Board due to its failure to submit a report within
the required time period. If the county's report is negative or attaches
conditions, the original action by the municipal approving authority
shall be null and void.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article IV of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval, without the developer being required to make further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
[1]
Editor's Note: Former § 64-11, Use
variance applications, as amended, was repealed 3-20-2001 by Ord.
No. 01-2.
[Amended 6-11-1980; 6-12-1985 by Ord. No. 85-8; 3-21-1995 by Ord. No. 95-8; 9-18-2018 by Ord. No. 2018-09]
A.
General. The developer shall furnish a performance guarantee in favor
of the municipality in an amount not to exceed 120% of the cost of
installation of only those improvements required by an approval or
developer's agreement, ordinance, or regulation to be dedicated to
the public entity, and that have not yet been installed, which cost
shall be determined by the municipal engineer, according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4, for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, street lighting, street trees, surveyor's
monuments, as shown on the final map and required by "the map filing
law," N.J.S.A. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2011,
c. 217) or N.J.S.A. 46:26B-1 through N.J.S.46:26B-8, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements. The municipal engineer shall prepare an itemized cost
estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
B.
Privately owned perimeter buffer landscaping. The performance guarantee
shall include, within an approved phase or section of a development,
privately owned perimeter buffer landscaping, as required by ordinance
or imposed as a condition of approval. At the developer's option,
a separate performance guarantee may be posted for the privately owned
perimeter buffer landscaping.
C.
Temporary certificate of occupancy bond. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, building, or phase of development, as a condition of the issuance thereof, the developer shall, furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy bond," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, building or phase of development. Upon posting of a "temporary certificate of occupancy bond," all sums remaining under a performance guarantee, required pursuant to § 64-12A which relate to the development, unit, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. At no time shall the municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy bond shall be released upon the issuance of a permanent certificate of occupancy with regard to the development, unit, building, or phase as to which the temporary certificate of occupancy relates.
D.
Safety and stabilization bond. In addition to a performance guarantee required pursuant to § 64-12A, a developer shall furnish to the municipality a separate guarantee, referred to herein as a "safety and stabilization bond," in favor of the municipality, to be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure; and
(2)
Work has not recommenced within 30 days following the provision of
written notice by the municipality to the developer of the municipality's
intent to claim payment under the bond.
(3)
The municipality shall not provide notice of its intent to claim
payment under a "safety and stabilization bond" until a period of
at least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. The municipality
shall provide written notice to a developer by certified mail or other
form of delivery providing evidence of receipt.
(4)
The amount of a "safety and stabilization bond" for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(5)
The amount of a "safety and stabilization bond" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: 5,000 for the first $100,000 of bonded
improvement costs, plus 2.5% of bonded improvement costs in excess
of $100,000 up to $1,000,000, plus 1% of bonded improvement costs
in excess of $1,000,000.
E.
Extension of time. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the municipal engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
F.
Liability. If the required bonded improvements are not completed
or corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the "Local Public Contracts Law," N.J.S.A. 40A:11-1 et seq.
G.
Request for list of uncompleted or unsatisfactory completed improvements. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to § 64-12A, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the municipal engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to § 64-12A.
H.
Action by governing body. The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the "safety and stabilization bond" relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to § 64-12A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee and "safety and stabilization bond," with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and "safety and stabilization bond" posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee and "safety and stabilization bond," the amount of the performance guarantee and "safety and stabilization bond" attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization bond" to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy bond" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
I.
Maintenance guarantees.
[Amended 2-15-2022 by Ord. No. 2022-03]
(2)
The developer shall post with the municipality, upon the inspection
and issuance of final approval of the following private site improvements
by the municipal engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(3)
Term. The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
J.
Engineering inspection fees. The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth in Subsection J(1) and (2) of this section. The developer shall post the inspection fees in escrow in an amount:
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 64-12A, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(3)
Installments. For those developments for which the inspection fees
total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited in escrow
by a developer shall be 50% of the inspection fees. When the balance
on deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the municipal engineer for inspections, the developer shall deposit
the remaining 50% of the inspection fees. For those developments for
which the inspection fees total $10,000 or greater, fees may, at the
option of the developer, be paid in four installments. The initial
amount deposited in escrow by a developer shall be 25% of the inspection
fees. When the balance on deposit drops to 10% of the inspection fees
because the amount deposited by the developer has been reduced by
the amount paid to the municipal engineer for inspection, the developer
shall make additional deposits of 25% of the inspection fees.
(4)
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection J(1) and (2) of this section, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
[Amended 12-28-1989 by Ord. No. 89-15]
Site plan review and approval, as required by § 123-25 of the Township Code of the Township of Washington shall be required for all development, any part of which lies within the Township, which is not exempted from such review and approval. When the same is required, final site plan approval shall be obtained prior to the issuance of a building or zoning permit for such development.
Subdivision approval under this chapter is required
for any subdivision comprising or including land or premises within
this Township. No subdivision plat comprising or including any land
within this Township shall be filed and no deed describing subdivided
land within this Township shall be recorded with the county recording
officer until after required final subdivision approval has been obtained.
Prior to the issuance of final subdivision or
site plan approval for any planned development, the approving authority
shall find the following facts and conclusions:
B.
That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate.
C.
That provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
D.
That the proposed development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
Before any permit shall be issued for a conditional
use, application shall be made to the approving authority. The approving
authority shall grant or deny the application after public hearing,
but within 95 days of submission of a complete application to the
administrative officer or within such further time as may be consented
to by the applicant.
A.
Where a conditional use application involves a site
plan or subdivision, the approving authority shall review and approve
or deny the subdivision or site plan simultaneously with the conditional
use application.
B.
Failure of the approving authority to act within the
required time period shall constitute approval of the application.
C.
In reviewing the conditional use application, the
approving authority shall review the number of employees or users
of the property and the requirements of the Zoning Ordinance[1] and shall give due consideration to all reasonable elements
which would affect the public health, welfare, safety, comfort and
convenience such as, but not limited to, the proposed use(s), the
character of the area, vehicular travel patterns and access, pedestrian
ways, landscaping, lighting, signs, drainage, sewage treatment, potable
water supply, utilities and structural location(s) and orientation(s)
and shall conduct a public hearing on the application.
D.
The use for which a conditional use is granted shall
be deemed to be a permitted use in its respective district, and each
conditional use shall be considered as an individual case.
E.
In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. Prior to making its
decision, the approving authority shall be satisfied that the conditional
use is reasonably necessary for the convenience of the public in the
location proposed.
F.
In the granting of conditional uses, the approving
authority may condition the relief granted on the obtaining of a building
permit or zoning permit, within one year or other specified reasonable
time thereafter.
[Amended 6-11-1980; 3-20-2001 by Ord. No. 01-2]
Any interested party desiring to appeal the
decision of an approving authority shall appeal to the governing body
any final decision of the Land Use Board approving an application
for a variance granted pursuant to N.J.S.A. 40:55D-70d. Such appeal
shall be made within 10 days of the date of publication of such final
decision. The appeal to the governing body shall be made by serving
the Township Clerk in person or by certified mail with a notice of
appeal specifying the grounds therefor and the name and address of
the appellant and name and address of his attorney, if represented.
Such appeal shall be decided by the governing body only upon the record
established before the Land Use Board.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter establishes both minimum
and maximum standards, both standards shall be met, even though the
combination of standards may not permit development to take advantage
of all standards simultaneously. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other ordinance, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher standards shall control.
No site improvements such as, but not limited
to, excavation or construction of public or private improvements shall
be commenced, except in conformance with this chapter and in accordance
with plat approvals and the issuance of required permits.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or any regulation made
under authority conferred hereby, the proper local authorities of
the Township or an interested party, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of said building, structure or
land; or to prevent any illegal act, conduct, business or use in or
about such premises.
B.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
C.
In addition to the foregoing, the Township may institute
and maintain a civil action for injunctive relief and to set aside
and invalidate any conveyance made pursuant to such a contract of
sale if a certificate of compliance has not been issued in accordance
with N.J.S.A. 40:55D-56, but only if the municipality has a Land Use
Board and has adopted, by ordinance, standards and procedures in accordance
with N.J.S.A. 40:55D-38.
D.
Any person, firm or corporation violating any provision of this chapter, except for a violation of the sort described in Subsection B of this section, shall be punished by a fine of not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both, and each day that such violation continues shall constitute a separate offense.
These regulations shall not be construed as
abating any action now pending under, or by virtue of, prior existing
subdivision, site plan or zoning regulations; or as discontinuing,
abating, modifying or altering any penalty accruing or about to accrue;
or as affecting the liability of any person, firm or corporation;
or as waiving any right of the municipality under any section or provision
existing at the time of adoption of this chapter. All applications
for development made pursuant to lawful authority preceding the effective
date of this chapter may be continued.
