Township of Mullica, NJ
Atlantic County
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Table of Contents
Table of Contents
[1]
Editor's Note: Ord. No. 2-2008 eliminated the Zoning Board of Adjustment. See Editor's Note at Article V.

§ 144-30 Administrative procedure.

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.

§ 144-31 Meeting; quorums.

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.

§ 144-32 Public meetings and minutes.

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.

§ 144-33 Applications.

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.

§ 144-34 Hearings.

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.

§ 144-35 Notification of Pinelands Commission.

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.

§ 144-36 Notice of hearing on application for development or adoption of Master Plan.

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.

§ 144-37 Notice of application.

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:
(1) 
Minor site plan review pursuant to § 144-51 of this chapter, except as otherwise required by § 144-58 of this chapter.
(2) 
Minor subdivisions pursuant to § 144-63 of this chapter.
(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.

§ 144-38 Notice concerning Master Plan.

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.
D. 
In amending the Township's Master Plan, the Township shall comply with the requirements of N.J.A.C. 7:50-3.45 and the notice requirements of Subsection C above. Notice of hearing to be held pursuant to this section shall state the date, time and place of the hearing.

§ 144-39 Effect of mailing notice.

Any notice made by certified mail pursuant to §§ 144-37, 144-38 and 144-40 of this chapter shall be deemed complete upon mailing.

§ 144-40 Notice of hearing on ordinance.

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.

§ 144-41 Filing of development regulations.

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.

§ 144-42 (Reserved)

§ 144-43 Appeals by public utilities.

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.

§ 144-44 Tolling of running of period of approval.

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.

§ 144-45 Enforcement.

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.

§ 144-46 Violations and penalties.

The penalties for violation are listed in Article XIV, § 144-144, of this chapter.

§ 144-47 Conditional approvals.

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.