A.
Establishment of Planning Board.
(1)
Membership. The Township of Bloomfield Planning Board
shall consist of nine members of the following four classes:
(a)
Class I: the Mayor or Mayor's designee.
(b)
Class II: one of the officials of the Township,
other than a member of the Township Council, to be appointed by the
Mayor.
(c)
Class III: a member of the Township Council
to be appointed by the Township Council.
(d)
Class IV members: six other citizens of the
Township to be appointed by the Mayor. The members of Class IV shall
hold no other municipal office, position or employment except that
one member may be a member of the Board of Adjustment. Not more than
one Class IV member may be a member of the Board of Education. For
the purpose of this section, membership on a Township board or commission
whose function is advisory in nature, the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of Township office.
(e)
Alternate members: Two alternate members shall
be appointed and shall meet the qualifications of Class IV members.
Alternate members shall be appointed for a term of two years, and
at the time of their appointments shall be designated "Alternate No.
1" and "Alternate No. 2," respectively. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. 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.
(2)
Terms. The term of the Class I member shall correspond
to their official tenure as Mayor. 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. The term
of a Class IV member who is also a member of the Board of Adjustment
or Board of Education shall terminate whenever they are no longer
a member of such other body or at the completion of their Class IV
term, whichever occurs first. The term of all other Class IV members
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided, for the unexpired term.
(3)
Substitute members when conflict exists. If the Planning Board lacks a quorum because any of its members are prohibited by Subsection A(6) below from acting on a matter due to the member's personal or financial interest, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between regular members of equal seniority, the Chair of the Board of Adjustment shall make the choice.
(4)
Organization. The Planning Board shall organize annually
by selecting from among its Class IV members a Chair and a Vice Chair.
The Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee, and create and fill such other
offices as established by ordinance.
(5)
Legal counsel and other professional staff. The Planning
Board shall annually appoint an attorney-at-law of the State of New
Jersey, other than the Municipal Attorney, as Planning Board Attorney
and may fix their compensation or rate of compensation not exceeding
the amount appropriated. The Planning Board may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures that exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use or which is deposited
by applicants in escrow accounts to cover professional fees.
(6)
Conflict of interest. No member of the Planning Board
shall be permitted to act on any matter in which they have any personal
or financial interest, either directly or indirectly.
(7)
Removal. Any member other than a Class I member, after
a public hearing, if requested, may be removed by the governing body
for cause.
B.
Powers and jurisdiction of Planning Board.
(1)
Mandatory powers. The Planning Board shall exercise
its powers in accordance with the MLUL in regard to:
(a)
The Township Master Plan pursuant to N.J.S.A.
40:55D-28.
(b)
Subdivision and site plan review pursuant to
this chapter.
(c)
Any official map adopted by the Township Council
pursuant to N.J.S.A. 40:55D-32 et seq.
(d)
This chapter, including conditional uses pursuant
to this chapter.
(e)
Any capital improvements programs pursuant to
N.J.S.A. 40:55D-29 et seq.
(f)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to Subection C below.
(2)
Other powers. The Planning Board may:
(a)
Participate in the preparation and review of
programs or plans required by state or federal law or regulation.
(b)
Assemble data on a continuing basis as part
of a continuous planning process.
(c)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Council.
C.
Ancillary powers of the Planning Board.
(1)
Planning Board review in lieu of Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to § 315-8B(1)(d) below, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to § 315-8B(1)(c).
(b)
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.
(c)
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)
Notice of variance and other relief required. Whenever
relief is requested pursuant to this section, notice of the hearing
on the application for development shall include reference to the
request for variances or direction for issuance of a permit, as the
case may be.
(3)
Applicant's right to bifurcate application. The applicant
may elect to submit a separate application requesting approval of
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 approval of the variance or direction
of the issuance of a permit shall be conditioned upon the grant of
all required subsequent approvals by the Planning Board. No such subsequent
approval shall be granted unless the 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.
(4)
Time periods for action on applications seeking variance or other relief under this section. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 315-7C(1) above, the Planning Board shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Planning Board or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant. 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.
(5)
County approval. 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 Planning Board 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.
D.
Referral powers of the Planning Board. Prior to the
adoption of a development regulation, revision or amendment thereto,
the Planning Board shall make and transmit to the Township Council,
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. The Township Council, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the Township Council from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment referred
to the Planning Board. Nothing in this section shall be construed
as diminishing the application of the provisions of N.J.S.A. 40:55D-32
to any official map or an amendment or revision thereto or of N.J.S.A.
40:55D-62 to any zoning ordinance or any amendment or revision thereto.
E.
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 committee shall have
no power to vote or take other action required of the Board. Such
persons shall serve at the pleasure of the Mayor.
A.
Establishment of Zoning Board of Adjustment.
(1)
Membership. The Township of Bloomfield Zoning Board
of Adjustment (herein referred to as "the Board of Adjustment"), shall
consist of seven regular members and four alternate members, each
of whom shall be a resident of the Township of Bloomfield and shall
be appointed by the Mayor with the advice and consent of the Township
Council. All regular members appointed shall serve for terms of four
years beginning January 1 of the year of their appointment.
(2)
Alternate members. Alternate members shall be appointed
for a term of two years and, at the time of their appointments, shall
be designated "Alternate No. 1," "Alternate No. 2," "Alternate No.
3" and "Alternate No. 4," respectively. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. 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, followed by Alternate No.
2, etc.
(3)
Other municipal office. No member of the Board of
Adjustment shall hold any elective office or position under the municipality.
(4)
Conflict of interest. No member of the Board of Adjustment
shall be permitted to act on any matter in which they have, either
directly or indirectly, any personal or financial interest.
(5)
Removal. A member, after a public hearing if requested,
may be removed by the governing body for cause. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
(6)
Election of officers. The Board of Adjustment shall
annually elect a Chair and Vice Chair from its members and a Secretary
who may or may not be a member of the Board or a municipal employee.
(7)
Substitute members when conflict exists. If the Board
of Adjustment lacks a quorum because its regular or alternate members
are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to
the member's personal or financial interest, Class IV members of the
Planning Board shall be called upon to serve, for that matter only,
as temporary members of the Board of Adjustment. The Class IV members
of the Planning Board shall be called upon to serve in order of seniority
of continuous service to the Planning Board until there are the minimum
number of members necessary to constitute a quorum to act upon the
matter without any personal or financial interest. If a choice has
to be made between Class IV members of equal seniority, the Chair
of the Planning Board shall make the choice.
(8)
Legal counsel and other professional staff. The Board
of Adjustment shall annually appoint an attorney-at-law of the State
of New Jersey, other than the Municipal Attorney, as Board of Adjustment
Attorney and may fix their compensation or rate of compensation, not
to exceed the amount appropriated. The Board may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures that exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use or which is deposited
by applicants in escrow accounts to cover professional fees.
B.
Powers and jurisdiction of Zoning Board of Adjustment.
(1)
The Board of Adjustment shall have the following powers:
(a)
Appeals. 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 the Zoning Officer or any other Township
official, based on or made in the enforcement of this chapter.
(b)
Interpretations. Hear and decide requests for
interpretation of the Zoning Map or Ordinance or for decisions upon
other special questions upon which such Board is authorized to pass
by any zoning or official map ordinance in accordance with the MLUL.
(c)
Bulk and dimensional variances:
[1]
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 zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
the Board may 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
[2]
Where in an application or appeal relating to a specific piece of property, the purposes of zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from this chapter's requirements, and the benefits of the deviation would substantially outweigh any detriment, the Board may grant a variance to allow departure from such zoning requirements; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this Subsection B(1)(c)[1], and provided that no variance from those departures enumerated in Subsection B(1)(d) of this section shall be granted under this subsection, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(d)
Use variances. In particular cases and for special
reasons, the Board may grant a variance to allow departure from zoning
regulations to permit: a use or principal structure in a district
restricted against such use or principal structure; an 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; an increase
in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
an 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;
or a height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members.
(2)
Relief not enumerated in Subsection B(1)(d) to be decided under Subsection B(1)(c). If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection B(1)(d) of this section, the decision on the requested variance or variances shall be rendered under Subsection B(1)(c) of this section.
(3)
Requirement for showing of no substantial detriment.
No variance or other relief may be granted under the terms of this
section, including a variance or other relief involving an inherently
beneficial use, without a showing that such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and the purpose of the zone
plan and Zoning Ordinance.
(4)
Referral of application to other agencies. An application
under this section may be referred to any appropriate person or agency
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
(5)
Additional powers. The Zoning Board of Adjustment
shall have the following additional powers:
(a)
To direct 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
pursuant to N.J.S.A. 40:55D-32.
(b)
To direct issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(c)
To grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to § 315-8B(1)(d) of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals of a site plan or subdivision by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment to the public good and without substantial impairment to the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
(6)
County approval. 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 Board of Adjustment 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.
C.
Annual report on variances heard by Zoning Board of
Adjustment. The Board of Adjustment shall, at least once a year, review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report of its findings on Zoning Ordinance
provisions which were the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Board of Adjustment
shall send copies of the report and resolution to the Township Council
and Planning Board.
D.
Appeals and applications to Zoning Board of Adjustment.
(1)
Time and procedure for appeal. Appeals to the Board
of Adjustment may be taken by any interested party affected by any
decision of an official of the Township of Bloomfield based on or
made in the enforcement of this chapter or Official Map. Such appeal
shall be taken within 20 days by filing a notice of appeal with the
official from whom the appeal is taken, with nine copies of the notice
given to the Secretary of the Board of Adjustment. The notice shall
specify the grounds for the appeal. The official from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(2)
Board of Adjustment applications without prior application
to administrative officer. A developer may file an application for
development with the Board of Adjustment for action under any of its
powers without prior application to the administrative officer.
(3)
Board powers on appeals. The Board may reverse or
affirm, wholly or in part, or may modify the action, order, requirement,
decision, interpretation or determination appealed from and to that
end have all powers of the municipal official from whom the appeal
is taken.
(4)
Stay of proceedings by filing of appeal. An appeal
to the Board of Adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the municipal official from whose action the appeal is taken
certifies to the Board, after the notice of appeal shall have been
filed with the municipal official, that, by reason of facts stated
in the certificate, a stay would, in the municipal official's opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court of
New Jersey upon notice to the municipal official from whom the appeal
is taken and on due cause shown.
E.
Time period for action by Board of Adjustment.
(1)
The Board shall render a decision not later than 120
days after the date an appeal is taken from a decision of the administrative
officer or other municipal official or of the submission of a complete
application for development to the Board of Adjustment, as the case
may be.
(2)
Failure of the Board to render a decision within such
one-hundred-twenty-day-period or within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
(3)
Time limits for decision. Whenever an application for development requests relief pursuant to § 315-8B(5)(c), the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board of Adjustment or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid one-hundred-twenty-day provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Board of Adjustment Secretary as to the failure of the Board of Adjustment to act shall be issued on request of the applicant. 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.
A.
Meetings.
(1)
Meeting schedule. Meetings of both the Planning Board
and Board of Adjustment shall be scheduled no less often than once
a month and shall be held as scheduled unless canceled for lack of
pending applications. Each Board may, in its discretion, eliminate
one meeting during the summer months or may cancel any meeting due
to lack of business.
(2)
Special meetings. Special meetings may be held at
the call of the Chair or at the request of any two Board members.
Board members shall be given at least 72 hours' advance telephone
notice of a special meeting. The public shall be given notice of such
meeting in accordance with the Open Public Meetings Act and, if applicable,
MLUL requirements.
(3)
Quorum. No action shall be taken at any meeting without
a quorum being present.
(4)
Voting requirements. All action shall be taken by
majority vote of the members of the respective Board present at the
meeting except as otherwise required by the provisions of N.J.S.A.
40:55D-34 and/or 40:55D-70d. 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. A member of the Board
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on a matter upon which the hearing
was conducted, notwithstanding the absence from one or more of the
meetings; provided, however, that a transcript or recording of all
of the hearing from which they were absent exists, and provided, further,
that such Board member certifies in writing to the Board that they
have read such transcript or listened to such recording.
(5)
Meetings open to public. 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 Meetings Act.
(6)
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
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
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 for
such party's use. Such fees may be established by rule by each Board.
(7)
Minutes of closed meetings. At least once a year,
each Board shall review the minutes of all closed meetings held in
conformance with the Open Public Meetings Act to determine whether
the minutes may be made public.
B.
Public hearings.
(1)
Requirement for hearing. The Planning Board or Board
of Adjustment shall hold a hearing on each application for development
or on the adoption, revision or amendment of the Master Plan. Each
Board shall make rules governing such hearings.
(2)
Maps to be available for public inspection. 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 Board Secretary. The applicant may produce other documents, records
or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
(3)
Payment of taxes. Every application for development
submitted to the Planning Board or to the Board of Adjustment 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 taxes or assessments are delinquent
on said property, the Board may either decline to hear the application,
and dismiss it without prejudice should the applicant not waive the
statutory time periods, or condition any approvals or other relief
granted by the Board upon either the prompt payment of such taxes
or assessments or the making of adequate provision for the payment
thereof in such manner that the Township will be adequately protected.
(4)
Oaths and subpoenas. The officer presiding at the
hearings or such person as they 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 Municipality
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.),
shall apply.
(5)
Testimony and cross-examination. The testimony of
all witnesses relating to an application for development shall be
taken under oath or affirmation by the presiding officer or attorney
for the Board, 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.
(6)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Record of proceedings. The Board shall provide for
the verbatim recording of the proceedings by either a stenographer
or mechanical or electronic means. The Board shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at the expense of the interested party. Fees for such expenses
shall be established by rules of the Board.
(8)
Decisions:
(a)
Resolutions. The Board shall include findings
of fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Board
shall provide the findings and conclusions through:
[1]
A resolution adopted at a meeting held within
the time period provided in the MLUL for action by the Board on the
application for development; or
[2]
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 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. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this Subsection B(8). If the Board fails to adopt a resolution or memorializing resolution, as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board 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 municipality.
(b)
Copies of decision. A copy of the decision shall
be mailed by the Board within 10 days of the date of decision to the
applicant, or if represented then to their attorney, without separate
charge, and to all who request a copy of the decision for a reasonable
fee. A copy of the decision shall also be filed by the Board in the
office of the Board Secretary. The Board Secretary shall make a copy
of such filed decision available to any interested party for a reasonable
fee and available for public inspection at their office during reasonable
hours.
(c)
Publication of notice of decision. A brief notice
of the decision shall be published in the official newspaper of the
municipality. Such publication shall be arranged at the applicant's
expense by the Secretary of the Board, provided that nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if they so desire. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the Board or the
applicant.
C.
Notice of applications.
(1)
Applications requiring notice. Public notice of a
hearing on an application for development shall be given, except for:
(a)
Final approval of site plans and/or major subdivisions pursuant to § 315-21A et seq. of this chapter.
(b)
Notwithstanding the foregoing, public notice shall be given in the event that relief is requested pursuant to §§ 315-7C, 315-8B(1)(c) and (d) and/or 315-8B(5) of this chapter as part of an application for development otherwise excepted herein from public notice.
(2)
Manner of giving notice. Notice of a hearing requiring
public notice shall be given by the applicant at least 10 days prior
to the date of the hearing in the following manner:
(a)
To the general public, by publication in the
official newspaper of the Township.
(b)
To all owners of real property as shown on the
current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of such hearing,
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice shall be given by serving a copy thereof on the
property owner as shown on said current tax duplicate or their agent
in charge of the property or mailing a copy thereof by certified mail
to the property owner at their address as shown on said current tax
duplicate. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon
its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
(c)
To the clerk of any adjoining municipality when
the property involved is located within 200 feet of said adjoining
municipality. Notice shall be given by personal service or certified
mail.
(d)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road, as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(e)
To the Commissioner of Transportation of the
State of New Jersey when the property is adjacent to a state highway.
Notice shall be given by personal service or certified mail.
(f)
To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Board Secretary pursuant to § 315-9B(2) above. Notice shall be given by personal service or certified mail.
(g)
On applications for approval of a major subdivision
or a site plan not defined as a minor site plan, to all public utilities,
cable television companies or local utilities which possess a right-of-way
or easement within the Township and which have registered with the
Township in accordance with N.J.S.A. 40:55D-12.1 by serving a copy
of the notice on the person whose name appears on the registration
form on behalf of the public utility, cable television company or
local utility or mailing a copy thereof by certified mail to the person
whose name appears on the registration form at the address shown on
that form.
(3)
List of owners and others. Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and address of owners within the Township to whom the applicant is required to give notice pursuant to Subsection C(2)(b) of this section and the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to § 315-9D below. Failure to give notice to any owner, public utility, cable television or local utility not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed $0.25 per name, or $10, whichever is greater, shall be charged for such list.
(4)
The applicant shall file an affidavit of proof of
service with the Board holding the hearing at least five days prior
to the scheduled meeting.
(5)
Contents of notice. The notice 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 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 inspection pursuant to § 315-9B(2) above.
D.
Registration by public utilities, cable television
companies and local utilities.
(1)
Right to register. Every public utility, cable television company and local utility which holds a right-of-way or easement in the Township and which is interested in receiving notice pursuant to § 315-9C(2)(g) above, may register with the administrative officer to receive such notice. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
(2)
Registration fee. A registration fee of $20 is required
for any public utility, cable television company or local utility
which registers to receive notice pursuant to this section.
E.
Conditional approval.
(1)
In the event that an applicant submits an application
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Board shall process such application in accordance with this chapter,
and if such application complies with all Township regulations, the
Board shall approve such application conditioned on removal of such
legal barrier to development.
(2)
In the event that development proposed by an application
requires an approval by a governmental agency other than the Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency. The Board
shall make a decision on any application within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant, unless the Board is prevented or relieved
from so acting by the operation of law.
F.
Tolling of running of approval period. In the event
that, during the period of approval heretofore or hereafter granted
to an application, 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, 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 under this chapter shall be suspended for
the period of time said legal action is pending or such directive
or order is in effect.
G.
Time extensions. The Board and an applicant may mutually
agree to extend the time limit specified for action. Such extension
shall be made in writing or verbally at a public meeting of the Board.
H.
Expiration of variance. Any variance from the terms
of this chapter hereafter granted by either Board permitting the erection
or alteration of any structure or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such specified use has actually been commenced,
within two years from the date of publication of the notice of the
decision of the Board granting the variance, 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 Board to
the governing body or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
A.
Time and procedure for appeal. Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving an application for development pursuant to § 315-8B(1)(d) above. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 315-9B(8)(c) above. The appeal to the Township Council shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and the name and address of their attorney, if represented. Such appeal shall be decided by the Township Council only upon the record established before the Board of Adjustment.
B.
Notice of hearing on appeal. Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 315-9B(8)(b) above and to the Board of Adjustment, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 315-9B(8) above.
C.
D.
Time for decision and appeal. The Township Council shall conclude a review of the record below not later than 95 days from the publication of the notice of the decision below pursuant to § 315-9B(8)(c) above unless the applicant consents in writing to an extension of such period. Failure of the Township Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
E.
Action by Township Council. The Township Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to § 315-8B(1)(d) above. The review shall be made on the record before the Board of Adjustment.
F.
Voting requirements. The affirmative vote of a majority
of the full authorized membership of the Township Council shall be
necessary to reverse or remand to the Board of Adjustment or to impose
conditions on or alter conditions to any final action of the Board
of Adjustment. Otherwise, the final action of the Board of Adjustment
shall be deemed to be affirmed; a tie vote of the Township Council
shall constitute affirmance of the decision of the Board of Adjustment.
G.
Effect of appeal. An appeal to the Township Council
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the Board of
Adjustment certifies to the Township Council, after the notice of
appeal shall have been filed with the Board, that, by reason of facts
stated in the certificate, a stay would, in its opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed other than by an order of the Superior Court on application
upon notice to the Board of Adjustment from whom the appeal is taken
and on good cause shown.
H.
The Township Council shall mail a copy of the decision
to the appellant or, if represented, then to their attorney, without
separate charge, and for a reasonable charge to any interested party
who has requested it, not later than 10 days after the date of the
decision. A brief notice of the decision shall be published in the
official newspaper of the Township. Such publication shall be arranged
by the Township Clerk, at the applicant's expense, provided that nothing
contained herein shall be construed as preventing the applicant from
arranging such publication if they so desire. The period of time in
which an appeal to a court of competent jurisdiction may be made shall
run from the first publication, whether arranged by the Township or
the applicant.
A.
Disclosure by corporate or partnership applicant.
A corporation or partnership applying to the Planning Board or the
Board of Adjustment for permission to subdivide a parcel of land into
six or more lots or applying for a variance to construct a multiple
dwelling of 25 or more dwelling units or for approval of a site to
be used for commercial purposes shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
B.
Disclosure by corporation or partnership owning 10% or more of applicant. If a corporation or partnership owns 10% or more of the stock of a corporation or interest of 10% or greater in a partnership, either of which is subject to disclosure pursuant to Subsection A above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or interest of 10% or greater in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion set forth in this section have been listed.
C.
No approval if disclosure requirements not met. The
Board shall not approve the application of any corporation or partnership
which does not comply with this section.
D.
Penalties. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning an interest of 10% or greater in the
partnership, as the case may be, shall be subject to a fine of $1,000
to $10,000, which shall be recovered in the name of the Township of
Bloomfield in any court of record in the state in a summary manner
pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
