Township of Weymouth, NJ Article III Administration

§ 155-7 Planning Board.

A. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of seven members of the following four classes and two alternates:

[Amended 1-19-1994 by Ord. No. 333-94]

(1) Class I. The Mayor.

(2) Class II. One of the officials of the Township other than a member of the Township Committee to be appointed by the Mayor.

[Amended 12-2-2015 by Ord. No. 543-2015]

(3) Class III. No member shall be appointed as a Class III member since the Township Committee consist of three members (see also N.J.S.A. 40:55D-23).

[Amended 6-19-1996 by Ord. No. 344-96]

(4) Class IV. Seven other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment is discretionary and not required by statute, shall not be considered the holding of municipal office.

[Amended 8-16-2006 by Ord. No. 446-2006; 12-2-2015 by Ord. No. 543-2015]

(5) Alternates. The Mayor shall also appoint four alternate members who shall meet the qualifications of Class IV members. Alternate member shall be designated by the Mayor at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."

[Amended 1-20-2016 by Ord. No. 545-2016]

B. Terms.

(1) The term of the member composing Class I shall correspond to his or her official tenure. 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first.

(2) The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he or she is no longer a member of the Board of Education or at the completion of his or her Class IV term, whichever occurs first.

[Amended 12-2-2015 by Ord. No. 543-2015]

(3) The terms of all Class IV members first appointed pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

(4) The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

(5) 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.

C. Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest, or is the owner of or has any interest in any property located within 200 feet of a property under review by the Planning Board.

D. 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.

E. Removal. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Township Committee for cause.

F. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.

G. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Township Attorney.

H. Expenses, experts and staff. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

I. Powers and duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:

(1) To prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Township in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 40:55D-59.[1]

[1] Editor's Note: N.J.S.A. 40:55D-59 was repealed by L. 1983, c. 253.

(3) To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.

(4) To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

(5) To make and transmit to the Township Committee prior to the adoption of a development regulation, revision or amendment thereto, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate.

(6) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(7) To assemble data on a continuing basis as part of a continuing planning process.

(8) To annually review a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-29. Each report shall be delivered prior to November 1 of each year.

(9) Relief; variances.

(a) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:[2]

[1] Variances pursuant to N.J.S.A. 40:55D-70c.

[2] Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for 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.

[3] 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.

[2] Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.

(b) Whenever relief is requested pursuant to this subsection, notice of a 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.

(c) Any variance hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures shall expire by limitation unless such construction or alteration have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within 12 months from the date of publication of the notice of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to a court of competent jurisdiction, until the termination in any manner of such proceeding. The Planning Board may, for good cause, extend the time period for a period not to exceed six months. In no case shall the Board grant more than two such extensions. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Planning Board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.

(10) Review of capital projects pursuant to N.J.S.A. 40:55D-31.

(11) In the Pinelands, the Planning Board shall have the powers and duties for administering the Historic Resource Management Program in accordance with N.J.A.C. 7-6.152. (See § 155-57H of this chapter.)

(12) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other Township bodies, agencies or officers.

(13) The Township Committee may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon except for any matter under the jurisdiction of the Board of Adjustment,[3] the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

[3] Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.

J. Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.

K. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding. In the Pinelands Area, all applications to the Planning Board shall be referred to the Environmental Commission for review and comment.

[Amended 12-2-2015 by Ord. No. 543-2015]

L. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning 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, notice of the hearing on the plat shall include reference to the request for such conditional use.

M. Referrals from Zoning Board of Adjustment.[4]

(1) The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within 45 days of the referral.

(2) The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files, and what conditions, if any, the Planning Board recommend be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.

[4] Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.

N. Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include site plan review. The time period for approval by the Planning Board of conditional uses shall apply to such site plan review.

O. Review in lieu of Board of Adjustment.[5] Wherever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and Subsection I(9) of this section, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. Application for variance, conditional uses and/or directive for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, preliminary subdivision plat, or preliminary site plan.

[5] Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.

P. Failure to act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer (Planning Board Secretary) as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

§ 155-8 Planning Board to exercise powers of Board of Adjustment.

[Amended 3-17-1993 by Ord. No. 328-93; 6-19-1996 by Ord. No. 344-96; 8-20-1997 by Ord. No. 349-97; 12-2-2015 by Ord. No. 543-2015]

A. The Township of Weymouth hereby exercises the option provided by N.J.S.A. 40:55D-25c(1) to have the Planning Board exercise all the powers of a Board of Adjustment. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; but the Class I and Class III members shall not participate in the consideration of applications which involve relief pursuant to Subsection d. of Section 57 of P.L. 1985, c. 291 (N.J.S.A. 40:55D-70).

B. Whenever relief is requested in a matter in which the Planning Board exercises, to the same extent and subject to the same restrictions, any of the powers and duties of a Board of Adjustment, pursuant to N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application for development shall include reference to the request for variance, appeal, ordinance interpretation, or direction for issuance of a permit, or other relief, as the case may be.

C. The Township of Weymouth hereby exercises the option provided by N.J.S.A. 40:55D-25c(1), and accordingly, the Zoning Board of Adjustment is hereby terminated; provided, however, in accordance with N.J.S.A. 40:55D-70D-72.1, that any application for development submitted to the Zoning Board of Adjustment pursuant to lawful authority before the effective date of this section may be continued at the option of the applicant, and the Board of Adjustment shall have every power which possessed before the effective date of the section in regard to the application.

D. When necessary for the purposes of implementing this section and the election to have the Planning Board exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment, the term "Planning Board" shall be substituted for the term "Zoning Board of Adjustment" or equivalent in each and every instance where "Zoning Board of Adjustment" or equivalent appears in any ordinance, resolution, rule, regulation or amendments thereto of the Township of Weymouth.

E. Where the substitution of "Planning Board" for "Zoning Board of Adjustment" or equivalent results in an apparent duplication, redundancy, or conflict in any ordinance, resolution, rule or regulation, the same shall be liberally construed and interpreted in accordance with the intent and purpose of N.J.S.A. 40:55D-25c as adopted herein, whereby the Planning Board replaces and, to the same extent and subject to the same restrictions, exercise all powers of the Zoning Board of Adjustment.

F. Repealer; exception. All ordinances or parts thereof or resolutions inconsistent with the provisions of this section are hereby repealed to the extent of their inconsistency. Nothing in this section, however, shall affect the rights and tenure of any elected official.

§ 155-9 Provisions applicable to municipal agencies.

A. Meetings.

(1) Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency 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.

(2) The municipal agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

(3) No action shall be taken at any meeting without a quorum being present.

(4) All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and Subsections 40:55D-17e, 40:55D-26a, 40:55D-26b and 40:55D-70b. 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. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

(5) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et seq.

(6) An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.

B. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Office (Planning Board Secretary). Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his or her use.

[Amended 12-2-2015 by Ord. No. 543-2015]

C. Hearings.

(1) Required hearings. The Planning Board shall hold a hearing on each application for development.

[Amended 12-2-2015 by Ord. No. 543-2015]

(2) Rules for conducting hearings. The Planning Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

[Amended 12-2-2015 by Ord. No. 543-2015]

(3) Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer (Planning Board Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

[Amended 12-2-2015 by Ord. No. 543-2015]

(4) Oaths. The officer presiding at the hearing or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

(5) 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 witness.

(6) Evidence. Technical rules and evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(7) Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his or her expense.

(8) Transcript charge. The municipal agency in furnishing a transcript of the proceeding to an interested party at his or her expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15, as amended.[1] Said transcript shall be certified in writing by the transcriber to be accurate.

[1] Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119, § 4.

(9) Voting eligibility. A member or alternate 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 or her absence from one or more of the meetings; provided, however, that such board member or alternate member has available to him or her the transcript or recordings of all of the hearing from which he or she was absent, and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

D. Notice requirements for hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:

(1) Public notice of a hearing on an application for development shall be given for all of the following:

(a) Appeal or variance pursuant to N.J.S.A. 40:55D-70.

(b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

(c) Conditional uses pursuant to N.J.S.A. 40:55D-67.

(d) Preliminary major subdivision plats.

(e) Preliminary major site plans.

(2) Public notice shall be given by publication in the official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township.

(3) Notice of a hearing requiring public notice pursuant to Subsection D(1) shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located 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 owner as shown on the said current tax duplicate or his or her agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his or her address as shown on the said current tax duplicate. A return receipt is not required.

(4) 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.

(5) 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, which notice shall be in addition to the notice required to be given pursuant to Subsection D(3) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

(6) Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications 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.

(7) Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.

(8) Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.

(9) Notice shall be given by personal service or regular mail to the Pinelands Commission for any development in the Pinelands Area. (See § 155-73F of this chapter.)

(10) The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and Subsection D of this section.

(11) Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

(12) Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, 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 as required by law.

(13) Notice pursuant to Subsection D(5), (6), (7) and (8) of this section shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) and (4) of this section are required.

(14) List of property owners furnished. Upon the written request of an applicant, the Administrative Officer (Tax Assessor) 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 D(3) and (4) 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 not on the list shall not invalidate any hearing or proceeding. A fee of $0.25 per name, or $10, whichever is greater, shall be charged for such list.

E. Decisions. Each decision on any application for development shall be reduced to writing and shall include findings and facts and conclusions based thereon.

(1) Reduction to writing shall be accomplished through:

(a) A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or

(b) A resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.

(c) Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the Township.

(2) The following members shall be eligible to vote on the resolution:

(a) Where the action taken resulted from the failure of a motion to approve an application pursuant to Subsection A(4) of this section, those members voting against the motion for approval shall be the members eligible to vote on the resolution.

(b) In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.

(3) The following shall apply to adoption of the resolution:

(a) The vote on a resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency.

(b) The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.

(c) The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.

(4) Copies of the decision shall be distributed by the Administrative Officer (Planning Board Secretary) as follows:

[Amended 12-2-2015 by Ord. No. 543-2015]

(a) A copy shall be mailed within 10 days of the date of decision to the applicant, or if represented then to his or her attorney, without separate charge.

(b) A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.

(c) A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.

(d) A copy shall be forwarded to the Pinelands Commission in accordance with § 155-73F of this chapter.

(5) A brief notice of the decision shall be published in the official newspaper(s) of the Township.

(a) Such publication shall be arranged, and proof of publication shall be obtained, by the Administrative Officer (Planning Board Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication if he or she so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

[Amended 12-2-2015 by Ord. No. 543-2015]

(b) Such notice shall be published within 30 days of the date of decision, or 20 days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board Secretary), whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.

[Amended 12-2-2015 by Ord. No. 543-2015]

(c) Failure of an applicant to publish as herein required shall render any approvals null and void.

F. Conditional approvals.

(1) In the event that a developer submits and application for development proposing a development that is barred or prevented, directly or indirectly, by 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 municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

(2) In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by the operation of law. In the Pinelands Area, a certificate or notice of filing is required prior to an application being deemed complete in accordance with § 155-73 of this chapter.

(3) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(4) The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.

(5) In all cases the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

G. Tolling of running of period of approval. 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.

H. Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments. Certification by the Township Tax Collector must be provided to the Board prior to final approval.

[Amended 12-2-2015 by Ord. No. 543-2015]

I. Appeals. Any interested party may appeal the decision of the Planning Board granting final approval to an application for development pursuant to § 155-8K(1)(d) and N.J.S.A. 40:55D-70d to a court of competent jurisdiction. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.

[Amended 12-2-2015 by Ord. No. 543-2015]

J. Time for decision. After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.

	Type of Application			Time Period (days)
	Site plans:
		Minor		45
		Preliminary approval
			10 acres or less, 10 units or less	45
			More than 10 acres or 10 units	95
		Final approval		45
	Subdivisions:
		Minor		45
		Preliminary approval
			10 lots or less	45
			More than 10 lots	95
		Final approval		45
	Conditional use authorization			95
	Variance			120
	Appeal from the decision of a municipal officer			120
	Direction for issuance of a building permit			120

K. Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection J above.

L. Applications for development; determination of completeness.

(1) Applications for development; determination of completeness. All new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of any application for development, the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the submission. If a developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.

(2) All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:

(a) The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he or she desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.

(b) If the developer does not notify the municipal agency that he or she desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.

(c) All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 155-10 Certificates and permits.

A. Development permit.

(1) Development permits shall hereafter be secured from the Administrative Officer prior to:

(a) Filing of (or recording a deed of) or resubdivision of any land.

(b) Application for and/or issuance of any building permit.

(c) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.

(d) Application for and/or issuance of any permit for a new or expanded or relocated sign.

(e) Application for and/or issuance of any permit for erection of a fence in conjunction with any nonfarm use.

(f) Any change in use or occupancy (as herein defined) of any building, structure or land.

(g) Any development or alteration exceeding 1,500 square feet in the natural condition of any undeveloped parcel of land, including but not limited to the alteration of drainage patterns, removal of soil, regrading and removal of trees and ground cover; provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a development permit.

(h) Any use of any portion of any parcel of land for any activity regulated by this chapter.

(i) The construction of any site improvement either above or below ground.

(j) The issuance of any certificate of occupancy where no building permit was previously required.

(k) The excavation, removal or addition of soil or fill to or from any site exceeding 10 cubic yards.

(l) Any change or alteration to an approved site plan, subdivision, or any other approval directed and issued by resolution of the Weymouth Township Joint Land Use Board, Weymouth Township Planning Board, or Weymouth Township Zoning Board of Adjustment.

[Added 3-3-2021 by Ord. No. 573-2021]

(2) Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:

(a) Access permit from the New Jersey Department of Transportation and/or Atlantic County Engineering Department.

(b) Drainage permits from the New Jersey Department of Transportation.

(c) Stream encroachment permit from the New Jersey Department of Environmental Protection and Energy.

(d) Coastal Area Facilities Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection and Energy.

(e) Wetlands permit from the New Jersey Department of Environmental Protection and Energy.

(f) Riparian construction permit from the New Jersey Department of Environmental Protection and Energy.

(g) Required permits from the U.S. Army Corps of Engineers.

(h) Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection and Energy.

(i) Land disturbance permit from the Cape Atlantic Soil Conservation District.

(j) Certificate of filing from the Pinelands Commission (see § 155-73 of this chapter).

(3) Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any municipal agency approval.

B. Certificates as to approval of subdivision of land.

(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

(2) The Administrative Officer (Planning Board Secretary) shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

(3) Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land" and shall certify:

(a) Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.

(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.

(4) The Administrative Officer shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid to the Township.

(5) Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest fee of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55.

(6) If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55.

(7) Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.

C. Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Code Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. No building permit shall be issued unless the applicant shall have first secured a development permit.

D. Certificate of occupancy.

(1) Development permit required: No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.

(2) New uses.

[Amended 3-1-1989 by Ord. No. 296-89]

(a) No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Code Official.

(b) Such certificate shall be issued upon application by the owner, prospective applicant, or purchaser only after the Construction Code Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy. In addition, no certificate shall be issued until the Zoning Officer has certified that the requirements of the Zoning Ordinances have been met and that the work has been inspected and approved as being in conformity with the provisions of all applicable laws and ordinances and has issued a zoning certificate of compliance.

(3) Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Code Officials, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.

(4) Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) of a nonresidential building, structure or and, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Code Official may issue that such change in occupancy or use is not a "change in use" as herein defined and determines, therefore, that a development permit is not required, provided that the applicant has met the requirements of the applicable regulations.

(5) Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

(6) Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.

E. Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Cape Atlantic Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use.

§ 155-11 Records.

[Amended 12-2-2015 by Ord. No. 543-2015]

A. It shall be the duty of the Administrative Officer (Planning Board Secretary and Zoning Officer) to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued, together with a notation of all special conditions involved. He or she shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his or her office and shall be available for the use of the Township Committee and of other officials of the Township.

B. The Administrative Officer (Planning Board Secretary and Zoning Officer) shall prepare a monthly report for the Township, summarizing for a period since the last previous report all development permits issued and all complaints of violations and the action taken consequent thereon. A copy of each such report shall be filed with the Township Clerk, Tax Assessor, Planning Board, Code Enforcement Officer, Construction Code Official and Engineer at the same time it is filed with the Township Committee.

§ 155-12 Enforcement.

[Amended 3-3-2021 by Ord. No. 573-2021]

A. Authorization. The duty of enforcing the provisions of this chapter is hereby conferred upon the Administrative Officer (Zoning Officer), who shall have such powers as are conferred by this chapter, and as reasonably may be implied. The Administrative Officer (Zoning Officer) shall be appointed by the Township Committee.

B. Duties. The duties of the Administrative Officer (Zoning Officer) shall include but not be limited to the following:

(1) To enforce the zoning ordinances of the Township of Weymouth and all resolutions of the Weymouth Township Joint Land Use Board, Weymouth Township Planning Board, or Weymouth Township Zoning Board of Adjustment.

(2) To review all applications for a zoning permit for completeness and determine the approval or denial of the application within the statutory timeframe found in N.J.S.A. 40:55D-18. If the Administrative Officer (Zoning Officer) has no jurisdiction with the application under N.J.S.A. 40:55D-20: unless the applicant has received approval from the Joint Land Use Board, the Zoning Officer shall notify the applicant in writing of the lack of jurisdiction, and shall notify the applicant of their ability to apply for application approval from the Joint Land Use Board if applicable.

(3) To issue zoning permits following, where necessary, review and approval by the Joint Land Use Board or court order from a court of competent jurisdiction.

(4) To file and keep a record of all applications for permits and of all permits and certifications issued, with a notation of all conditions involved.

(5) To prepare a monthly report for the Township Committee summarizing all activity of the previous months concerning the duties of the Administrative Officer (Zoning Officer).

(6) To conduct field inspections and special investigations either in response to a complaint by an individual, municipal agency or board or on the official's own initiative to ensure compliance with this chapter and any board resolution.

(7) Any other duty authorized by law or the Township Committee.

§ 155-13 Construal of provisions.

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Township. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standard shall govern. All questions of interpretation shall be resolved pursuant to N.J.S.A. 40:55D.

§ 155-14 Conflicts with other laws; repealer.

Chapters 13, 14 and 15 of the Revised General Ordinances of the Township of Weymouth are hereby repealed in their entirety, and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided by § 155-29 and except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.

§ 155-15 Violations and penalties.

A. For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, and shall for each and every day that such violation continues, be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

[Amended 6-19-1996 by Ord. No. 344-96]

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 pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000 and each lot dispositioned so made may be deemed a separate violation.

(1) In addition to the foregoing, the Township may institute and maintain a civil action:

(a) For injunctive relief; and

(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale, provided a certificate has not been issued in accordance with this provisions of this chapter.

[Amended 6-19-1996 by Ord. No. 344-96]

(2) In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his or her assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

C. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the municipal agency or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

D. If the developer or agent of the developer shall, after notification by certified mail from the Township Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health of property; continue to carry on the activities specifically included in cessation order(s) from the Township Engineer; then any such developer or agent of such developer shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.

[Amended 6-19-1996 by Ord. No. 344-96]

§ 155-16 Amendments.

All amendments to this chapter and to the Zoning Map[1] and Schedule,[2] which form a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire Zoning Map or detailed text of the Schedule. In the Pinelands Area, if the Township amends its Master Plan, this chapter or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.

[1] Editor's Note: The Zoning Map is included in a pocket at the end of this Code.

[2] Editor's Note: The Schedule is included as an attachment to this chapter.

§ 155-17 Filing of regulations with county.

[Amended 6-19-1996 by Ord. No. 344-96]

Upon adoption of this chapter (ordinance), and any amendments hereto, the Township Clerk shall file a copy of this chapter and any amendments thereto with the Atlantic County Planning Board as required by N.J.S.A. 40:55D-16.

§ 155-18 Fees.

[Amended 3-1-1989 by Ord. No. 296-89; 3-15-2000 by Ord. No. 370-00; 9-3-2003 by Ord. No. 408-2003; 3-17-2004 by Ord. No. 411-2004; 12-2-2015 by Ord. No. 543-2015; 5-7-2025 by Ord. No. 616-2025]

The developer shall, at the time of filing an application, pay a nonrefundable fee to the Township of Weymouth by cash, certified check or bank draft in accordance with the current fee schedule adopted by the Township Committee on file in the Township Clerk's office. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section.

A. Application for development permit (to be paid to Zoning Officer): $25.

B. Minor subdivision approval.

(1) Each informal review: no fee.

(2) Application fee: $200.

C. Major subdivision approval.

(1) Each informal review: no fee.

(2) Preliminary application fee: $200.

(3) Final plat application fee: $200.

D. Minor site plan approval.

(1) Each informal review: no fee.

(2) Application fee: $200.

E. Major site plan approval.

(1) Each informal review: no fee.

(2) Preliminary application fee: $250.

(3) Final approval: $250.

F. Variances.

(1) Appeals.

(a) Single- and/or two-family residential uses: $100.

(b) Other: $100.

(2) Interpretation of the land use and development zoning regulations or map: $100.

(3) Hardship or bulk variance.

(a) Single- and/or two-family residential uses: $100.

(b) Other: $100.

(4) Use variances.

(a) Proposed single- and/or two-family residential uses: $150.

(b) Other than Subsection F(4)(a) above, uses with floor areas totaling 5,000 square feet or less: $500.

(c) Uses other than Subsection F(4)(a) above with floor areas totaling 5,000 square feet or more: $650.

(5) Building permit in conflict with Official Tax Map or building permit for lot not related to a street: $200.

G. Conditional uses: $475.

H. Public hearing. For those development applications which require public notice or hearing pursuant to § 155-9D: $250.

I. Reproduction of records.

(1) Duplication of tape recordings: $75 per meeting.

(2) Use of tape recordings for transcript purposes (appellant to supply stenographer to make transcript): $75 per meeting.

J. Change of Master Plan or zone district request application.

(1) Single-family residential to other single-family residential: $100.

(2) Single-family residential to multifamily, commercial, industrial, office research, or other non-single-family zone: $100, plus $25 per acre for each acre over five acres.

K. Legal reviews. When any development proposal given preliminary approval by the municipal agency requires the review of a master deed, a certificate of incorporation and bylaws of any homeowners' association, the form of unit deed to be utilized and all relevant documents required by the condominium law or other applicable law and regulations and easements and dedications, the applicant shall pay a fee at the rate of $150 per hour for such review prior to the applicant filing for final approval.

L. Engineering inspection fees. Required engineering inspection fees shall be paid prior to the issuance of a development permit or signing of a final plat or, if prior authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat or site plan approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval and shall be equal to 5% of the total construction costs which sum shall be placed in an escrow account from which all engineering inspection fees would be drawn. Records of escrow accounts will be maintained by the Township Clerk. Any monies not used will be returned. If the billings by the Township exceed the amount placed in escrow, the developer shall be responsible for the difference. Engineering escrow fees shall be in accordance as indicated in Chapter 37, Escrow Deposits.

M. Reproduction and Tax Map revisions fees: $3 per sheet of the plat and attachments, except that the minimum fee shall be $5. An additional fee of $25 or $4 per lot, whichever is the greater, shall be charged for minor subdivisions and final plats of major subdivisions to cover the cost of the Township Clerk obtaining a reproducible original of the filed map and providing for revisions of the Township Tax Maps.

N. Revised plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:

(1) Where changes in the plat are requested by the Planning Board or Township Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.

(2) Where there are only minor changes in the plat proposed by the applicant or required by any other governmental agency where approval was a condition of the Planning Board approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of $100 will be required, along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

(3) Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board approval, which involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to 1/2 the fee required for the initial submission will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

(4) Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Planning Board, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.

(5) Where revisions in a plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.

O. Request for reapproval or extension of time.

(1) Minor subdivisions and site plans: $200.

(2) Major subdivisions and site plans: $200.

(3) Other applications for development: $200.

P. Escrow for professional service before other agencies. In the event that any prospective or pending application for approval of amendments to the Master Plan or other relief requires the involvement of the Township's engineering, legal or other professionals in meetings, hearings, or other proceedings with the Pinelands Commission, the New Jersey Department of Environmental Protection, or any other federal, state, or county agency, the applicant shall, prior to the commencement of and as a condition to performance of such work by the Township professionals, establish with the Township Clerk an initial escrow in the amount of $3,000 for the cost of such professional services.