The Joint Land Use Board is authorized to adopt
such rules and regulations as may be necessary to carry into effect
the provisions and purposes of the land use chapters. It shall also
have the following duties:
A.
To make and adopt and, from time to time, amend a
Master Plan for the physical development of the Township, including
a specific policy statement respecting its relationship to any areas
outside its boundaries which, in the Board's judgment, bears essentially
upon the planning of the Township, reworded to provide for a policy
statement rather than regulation, in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq.
C.
To issue permits for conditional uses in accordance
with N.J.S.A. 40:55D-67.
(1)
The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 203, Zoning, of the Code of the Township of Woolwich, and upon the issuance of an authorization therefor by the Planning Board.
D.
To make the Official Map of the municipality for adoption
by the governing body pursuant to N.J.S.A. 40:55D-31, inclusive.
E.
To prepare and review the capital improvement program
in accordance with N.J.S.A. 40:55D-29 through 40:55D-31, inclusive.
F.
To grant variances and certain building permits in
conjunction with subdivision, site plan and conditional use approval
pursuant to N.J.S.A. 40:55D-60.
G.
To consider and make a report to the Township Committee
within 35 days after a referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a),
and also to pass upon other matters specifically referred to the Planning
Board pursuant to the provisions of 40:55D-26(b).
H.
To interpret and hear applications under the Zoning Ordinance, including conditional uses and relief under N.J.S.A. 40:55D-70, Subsection (d), of the Municipal Land Use Law.
I.
To review the capital improvement program pursuant
to N.J.S.A. 40:55D-29.
J.
To hear and consider variance applications and certain
building permit hearings in conjunction with subdivision, site plan
and conditional use approval.
K.
To participate in the preparation and review of programs
or plans required by state or federal law or regulation.
L.
To assemble data on a continuing basis as part of
a continuous planning process.
M.
To perform such 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, including
with regard to redevelopment planning and projects.
N.
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 203, Zoning.
P.
Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in Chapter 203, Zoning, would result in peculiar and exceptional practical difficulties or to exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, would be advanced by a deviation from the requirements of Chapter 203, Zoning, and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations of Chapter 203, Zoning; provided, however, that no variance from those departures enumerated shall be granted under this Subsection P.
Q.
In particular cases and for special reasons, to grant
a variance to allow for departure from regulations pursuant to Article
8 of the Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., to permit
a use or principal structure; and expansion of a nonconforming use;
deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67
pertaining solely to a conditional use; and increase in the permitted
floor area ratio as defined in N.J.S.A. 40:55D-4; and increase in
the permitted density 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; height of a principal
structure which exceeds by 10 feet or 10% of the maximum height permitted
in the district for a principal structure.
R.
To direct the issuance of a permit pursuant to N.J.S.A.
40:55D-34 for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
on the Official Map.
S.
To direct the issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
T.
To hear and decide requests for interpretation of
the Zoning Map or Zoning Ordinance.
U.
To hear and decide requests for variances from lot
area, lot dimensional, setback and yard requirements, pursuant to
N.J.S.A. 40:55D-70(c).
V.
To hear and decide requests for variances to permit
a use or structure, an expansion of a nonconforming use, deviations
from conditional use requirements, an increase in the permitted floor
area and the height of a principal structure which exceeds the permitted
height in the zone by 10% or 10 feet.
A.
Meetings shall be scheduled no less often than once
a month, and any meeting so scheduled shall be held as scheduled unless
cancelled for lack of applications for development to process. Meetings
of the Joint Land Use Board shall not be scheduled to conflict with
the regularly scheduled meetings of the Township Committee.
B.
Special meetings may be provided at the call of the
Chairman or on the request of any two Board members, which special
meetings shall be held on notice to its members and the public in
accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum of the members being present as members of the Board, "quorum"
being defined as the majority of the full authorized membership of
the Board.
D.
All actions shall be taken by a majority vote of the
members of the Joint Land Use Board present at the meeting except
as otherwise required by statute.
E.
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 Open Public Meetings Act (N.J.S.A. 10:4-6 et
seq.). An executive session for the purpose of discussing and studying
any matters to come before the Board properly pursuant to the Open
Public Meetings Act shall not be deemed to be a regular or special
meeting.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes thereafter shall be made available for
public inspection during normal business hours within the municipality.
Except for minutes of executive (closed) session(s), 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.
The application fees for development approvals and other related matters shall be as set forth in Chapter 95, Fees, of this Code.
A.
Generally, except as otherwise provided for in this
Code, the Joint Land Use Board shall hold a hearing on each application
for development and on the adoption, revision or amendment of the
Master Plan.
B.
Rules. The 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. of this chapter.
C.
Filing. Any maps and documents for which approval
is sought at a hearing shall be on file and available for public inspection
at least 10 calendar days before the date of the hearing during normal
business hours in the office of the Land Use 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.
D.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by parties, and the provisions of the County and Municipal Investigations
Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and/or Board Attorney, 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.
F.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
G.
Records. All proceedings before the Board shall be
recorded by stenographer or by mechanical or electronic means. Upon
the request of any interested party, the administrative officer shall
cause a transcript or duplicate recording to be furnished, at the
request of the party requesting same and such party's expense. The
administrative officer shall maintain and keep all records for the
Board. Provisions for the above shall be subject to and in accordance
with both records retention rules and schedules as promulgated by
the New Jersey Division of Archives and Records Management as well
as the Open Public Records Act.
H.
A member of the Board who was absent for one or more
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 has available to him or her the transcript
or recording of all the hearings from which he or she was absent and
certifies, in writing, to the Board, that he or she has read such
transcript or listened to such recording.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B.
Notice shall be given to the owners of all real property
as shown on the current tax duplicates within 200 feet in all directions
of the property which is the subject of such hearing and whether located
within or without the Township in which the applicant's land is located.
(1)
Method of serving notice.
(a)
Such notice shall be given by:
(b)
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.
(2)
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, vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(3)
Notice to a condominium association, horizontal property
regime, community trust or homeowners' association, because of its
ownership of common elements or areas located within 200 feet of the
property which is the subject of the hearing, may be made in the same
manner as to a corporation without further notice to unit owners,
co-owners, or homeowners on account of such common elements or areas.
C.
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, return receipt
requested, to the Clerk of such municipality, which notice shall be
in addition to the notice required to be given to the owners of lands
in such adjoining municipality which are located within 200 feet of
the subject property.
D.
Notice shall be given by personal service or certified
mail, return receipt requested, to the County Planning Board of a
hearing on an application for development of property adjacent to
an existing county road or proposed road shown on the Official County
Map or on the County Master Plan, adjoining other county land or situate
within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service, or certified
mail, return receipt requested, to the Commissioner of Transportation
of a hearing on an application for development of property adjacent
to a state highway.
F.
Notice of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units shall be
given by personal service or certified mail, return receipt requested,
to the Director of the Division of State and Regional Planning in
the Department of Community Affairs. Such notice shall include a copy
of any maps or documents required to be on file with the secretary
of the appropriate board.
G.
Notice of hearings on applications for approval of
a major subdivision or major site plan requiring public notice under
this section shall be given to every public utility, cable television
company and local utility which possesses a right-of-way or easement
within Woolwich Township and which has registered with the Township
pursuant to N.J.S.A. 40:55D-12.1. Service shall occur upon such public
utility, cable company or local utility in accordance with N.J.S.A.
40:55D-12(h).
H.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the board holding the hearing on the application for development.
I.
Any notice made by certified mail, return receipt
requested, as hereinabove required, shall be deemed to be complete
upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J.
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 the block and lot numbers as shown on the current
tax duplicate in the Township's Tax Assessor's Office and the location
and times at which any maps and document for which approval is sought
are available for public inspection.
[Amended 10-7-2019 by Ord. No. 2019-15]
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the Township
Assessor shall, within seven days after receipt of a written request
therefor and upon receipt of payment of a fee as set forth in a resolution
adopted by the Township Committee, make and certify a list from the
current tax duplicate of names and addresses of owners and other persons
or entities to whom the applicant is required to give notice pursuant
to the Code. Said certified list of property owners to be utilized
for said notice shall be valid for a period of 75 days from the date
issued.
A.
Each decision on an application for development shall be set forth, in writing, as a resolution of the Board, which shall include the findings of fact and legal conclusions based thereon. 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. The municipal agency may provide such written findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval or within 45 days of the date of the meeting at which the municipal agency voted to grant or deny approval 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, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. 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 thereon. 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. If the municipal agency fails to adopt a memorializing resolution in the manner required herein, any interested party may apply to the Superior Court to compel adoption of a resolution in accordance with N.J.S.A. 40:55D-10(g). Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection B below and this Code chapter.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of this decision to the applicant or, if
represented, then to his attorney, without separate charge. A copy
of the decision shall also be mailed to all persons who have requested
it and have paid the fee set forth in N.J.S.A. 47:1A-2.[1] A copy of the decision shall also be filed in the office
of the Township Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of the fee set forth
in N.J.S.A. 47:1A-2.
[1]
Editor's Note: N.J.S.A. 47:1A-2 was repealed
by L.2001, c. 404, § 17, effective 7-7-2002. See now N.J.S.A.
47:1A-5.
A brief notice of every final decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the applicant, who shall bear the expense of
same. The aforementioned notice shall be sent to the official newspaper
for publication within 10 days of the date of the adoption of a memorializing
resolution.
All records of the Joint Land Use Board, including,
but not limited to, a copy of each application, supporting documentation,
minutes of hearings, correspondence, decisions and other information
relevant to the determination, shall be maintained in the Land Use
office for a period of not less than five years. Thereafter, said
records shall be kept for an indefinite period in accordance with
the system of recordkeeping and archives established by the Township
and in accordance with the retention schedule set forth by the State
Department of Archives and Records Management. Such documents and
information shall be considered a public record within the meaning
of N.J.S.A. 47:1A-1 et seq.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Joint Land Use 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. If it is shown that the
taxes or assessments are delinquent on said property, no approval
or other relief shall be granted by either board until such taxes
or assessments, including interest, have been fully paid.
