A.
The Township Committee, Planning Board and Zoning Board of Adjustment
shall adopt and may amend reasonable rules and regulations, not inconsistent
with the Municipal Land Use Law of 1975, P.L 1975, c. 291,[1] the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 29, or this chapter for the administration of their functions, powers and duties, and shall furnish a copy thereof to any person upon a request and may charge a reasonable fee, as established by Article VII, Fees, of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk. In amending this chapter, the Township's Master Plan, or any other ordinance regulating the use of land, the Township shall comply with all the requirements of the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-3.45, Submission and Review of Amendments to Certified Municipal Master Plans and Land Use Ordinances.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In addition to the procedures set forth in §§ 144-30 through 144-47, no person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in Article VIII, § 144-50, Grant of power, of this chapter.
C.
All application documents shall be submitted at least 30 days prior
to the meeting for which they will be placed on the agenda.
Every Township 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 Township agency
shall be scheduled not less than once a month and shall be held as
scheduled, unless cancelled for lack of applications for development
to process. The Township agency may provide for special meetings,
at the call of the chairman, or on request of any two of its members,
which shall be held on notice to its members and the public in accordance
with the provision of the Open Public Meetings Act, P.L. 1975, c.
231[1] and agency regulations. No action shall be taken at any meeting without a quorum being present. All action shall be taken by a majority vote of a quorum except as otherwise required by Article III, Subsection B of § 144-12, Official Map, Subsection A of § 144-18, Referral powers, Subsection A of § 144-23, Powers, and Subsection F of § 144-29, Other powers of Board of Adjustment, of this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
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 provisions of the Open Public Meetings Act, P.L. 1975, c. 231,
and agency regulations.
B.
Minutes of every regular or special meeting shall be kept and shall
include the names of all persons appearing and addressing the Township
agency; of the persons appearing by attorney; the action taken by
the Township 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 Township
Clerk.
C.
Technical rules of evidence shall not be applicable to the hearing,
but the chairman of the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
D.
The Board shall provide for the verbatim recording of the proceedings
by either stenographic, mechanical or electronic means. The Board
shall furnish a transcript, or duplicate recordings in lieu thereof,
on request to any interested party at his/her expense.
E.
Each decision on any application for development shall be in writing
and shall include findings of fact and conclusions based thereon.
F.
A copy of the decision shall be mailed by the secretary of the Board within 10 days of the date of decision to the applicant, or if represented then to this attorney, without separate charge, and to all who request a copy of the decision for a fee as specified by Article VII, Fees, of this chapter. A copy of the decision shall also be filed by the Board in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a fee as specified in Article VII, Fees, of this chapter and available for public inspection at his or her office during Township business hours.
G.
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; provided that the applicant may in any case provide for publications of the decision. The applicant shall pay a fee as designated by Article VII, Fees, for publication of said notice, unless applicant submits proof acceptable to the Township Clerk within 10 days of the decision that he has provided for the required publication. 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 fee as established by Article VII, Fees, of this chapter for reproduction of the minutes for his/her use.
A.
All applications for development must be submitted on the forms supplied by the respective Board Secretary and shall be accompanied by the required fee as set forth in Article VII, Fees, of this chapter.
B.
Additional application documents and board procedures, which are
not otherwise provided by this chapter, may be provided for and adopted
as part of the rules of the board. Copies of said rules shall be available
to the public.
A.
The Board shall hold a hearing on each application for development,
or adoption, revision or amendment of the Master Plan.
B.
The Board shall make the rules governing such hearings. 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 Township Clerk. The applicant may produce other documents, records,
or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
C.
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 the parties, and the
provisions of the County and Municipal Investigations Law, P.L. 1953,
c. 38,[1] shall apply.
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
D.
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 attorney, 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. 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 Township or the applicant.
A.
Notice of any hearing, public meeting or other proceeding at which
an application for development is to be considered shall be given
not less than five days prior to such hearing, meeting or proceeding
by the applicant to the Pinelands Commission by mail or by delivery
of same to the principle office of the Pinelands Commission. The notice
shall be in such a form as the Executive Director of the Pinelands
Commission shall, from time to time, specify; as a minimum, the notice
shall contain:
(1)
The name and address of the applicant.
(2)
The docket number of the certificate of filing issued by the Pinelands
Commission and the date on which it was issued.
(3)
The date, time and location of the meeting, hearing or other formal
proceeding.
(4)
The name of the local permitting agency or representative thereof,
which will be conducting the meeting, hearing or other formal proceeding.
(5)
Any written reports or comments received by the local permitting
agency on the application for development that have not been previously
submitted to the Commission.
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
B.
The applicant shall give notice to the Pinelands Commission of any design, engineering or other changes made to an application previously filed with a local approving authority. Any such notice shall be made within five days of submission of such changes to the Board Secretary. Such notice shall be in such form as the Executive Director of the Pinelands Commission shall specify; but as a minimum, shall contain at least the information required pursuant to § 144-36 as applicable.
Notice pursuant to Article VI, § 144-37, Notice of application, and § 144-38 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of the notices pursuant to § 144-37 of this chapter, 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 pursuant to § 144-34B of this chapter.
Notice pursuant to Subsections A, B, D, E, F, and G of this
section shall be given by the applicant and shall be given at least
10 days prior to the date of the hearing.
A.
Public notice of a hearing on an application for development shall
be given except for:
(3)
Final approval pursuant to § 144-60 of this chapter; provided that public notice shall be given in the event that relief is requested to ancillary powers of the Planning Board, § 144-17 of this chapter, as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper.
B.
Notice of hearing requiring public notice pursuant to Subsection A of this section and all informal review applications shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by:
(1)
Serving a copy thereof on the property owner as shown on the said
current tax duplicate, or his/her agent in charge of the property;
or
(2)
By mailing a copy thereof by certified mail to the property owner
at his/her address shown on the said current tax duplicate. Notice
to a corporate owner may be made by services upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
C.
Upon the written request of an applicant, the Township 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 B 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 in accordance with Article VII, Fees, shall be charged for such list.
D.
Development which is adjacent to another municipality. Notice of
all hearings on applications for development involving property located
within 200 feet of an adjoining municipality shall be given by person
service or certified mail to the clerk of such municipality.
E.
Development on a county road. Notice shall be given by personal service
or certified mail 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 situated within 200 feet
of a municipal boundary.
F.
Development on a state road. Notice shall be given by personal service
or certified mail to the Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
G.
Major development. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a 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 Township Clerk pursuant to § 144-34B of this chapter.
H.
Notice shall be given by personal service or certified mail to the New Jersey Pinelands Commission of a hearing on an application for development pursuant to § 144-51 of this chapter.
I.
The applicant shall file an affidavit of proof of service with the
agency holding the hearing on the application for development in the
event the applicant is required to give notice pursuant to this section.
The Planning Board shall give:
A.
Public notice of hearing on adoption, revision or amendment of the
Master Plan; such 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 by personal service or certified mail to the clerk of an adjoining
municipality of all hearings on adoptions, revisions or amendments
of a Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any hearing.
C.
Notice by personal service of certified mail to the County Planning
Board of:
(1)
All hearings on adoption, revision or amendment of the Township Master
Plan at least 10 days prior to the date of the hearing; such notice
shall include a copy of any proposed Master Plan, or any revision
or amendment thereto; and
(2)
The adoption, revision or amendment of the Master Plan not more than
30 days after the date of such adoption, revision or amendment; such
notice shall include a copy of the Master Plan or revision or amendment
thereto.
A.
Notice by personal service or certified mail shall be made to the
clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the
County Planning Board of all hearings on the adoption, revision or
amendment of any development regulation at least 10 days prior to
the date of the hearings.
C.
In amending the Township's ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45 and the notice requirement of Subsection B above.
D.
Any notice provided hereunder shall include a copy of the proposed
development regulation, or any proposed revision or amendment thereto,
as the case may be. Notice of hearing to be held pursuant to this
section shall state the date, time and place of the hearing and the
nature of the matters to be considered.
The Township Clerk shall file, with the County Planning Board,
as soon after passage as possible, all development regulations, including
this chapter and any amendments or revisions thereto, and file and
maintain for public inspection copies of said regulations in the office
of the Clerk.
A.
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved
by the action of a Board through that Board's exercise of its powers
under this act, with respect to any action in which the public utility
has an interest, an appeal to the Board of Public Utility Commissioners
of the State of New Jersey may be taken within 35 days after such
action, without appeal to the governing body, pursuant to N.J.S.A.
40:56-18, unless such public utility so chooses. In such case, appeal
to the Public Utility Commissioners of the State of New Jersey may
be taken within 35 days after action by the governing body. A hearing
on the appeal of a public utility to the Public Utility Commissioners
shall be had on notice to the Board from which the appeal is taken
to all parties primarily concerned, all of whom shall be afforded
an opportunity to be heard. If, after such hearing, the Board of Public
Utility Commissioners shall find that the present or proposed use
by the public utility of the land described in the petitions necessary
for the service, convenience or welfare of the public, the public
utility may proceed in accordance with such decision of the Board
of Public Utility Commissioners, any ordinance or regulation made
under the authority of this act notwithstanding.
B.
This chapter shall not apply to a development proposed by a public
utility for installation in more than one municipality for the furnishing
of service, if upon a petition of the public utility, the Board of
Public Utility Commissioners shall, after hearing, of which any municipalities
affected shall have notice, decide the proposed installation of the
development in question is reasonably necessary for the service, convenience
or welfare of the public.
C.
Nothing in this act shall be construed to restrict the right of any
interested party to obtain a review of the action of the municipal
agency or of the Board of Public Utility Commissioners by any court
of competent jurisdiction according to law.
In the event that, during the period of approval granted to
an application for development, the applicant is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by a 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 applicant 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 on such directive
or order.
The Township Committee shall enforce this chapter. In case any
building or structure is erected, constructed, altered, repaired,
converted, or maintained, or any building, structure or land is used
in violation of this chapter, the Township Committee and its agents
or an interested party, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal
act, conduct, business or use in or about such premises.
A.
In the event an applicant submits an application proposing development
that is barred or prevented, directly or indirectly, by a legal action
instituted by a state agency, political subdivision or any 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 approving
authority shall process such application if it complies with the requirements
of this chapter and any approval granted shall be conditioned on removal
of such legal barrier to development.
B.
In the event an application for development requires an approval
by a governmental agency other than the approving authority, the approving
authority shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency; provided
the approving authority shall make a decision on any application for
development 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 approving authority is prevented or relieved from so acting
by the operation of law.
