The Township of Riverside adopts a Joint Land Use Planning Board (hereafter "Planning Board") whose duties include those of both a traditional zoning board of adjustment and a planning board, as defined by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-25c.
A. 
The Riverside Township Joint Land Use Planning Board (or "Planning Board") shall exercise all of the powers of a planning board set forth in the provisions of N.J.S.A. 40:55D-25.
B. 
The Riverside Township Joint Land Use Planning Board shall exercise all the powers of a zoning board of adjustment set forth in the provisions of N.J.S.A. 40:55D-70.
A. 
Regular membership. The Riverside Planning Board shall consist of nine members divided into the following classes:
(1) 
Class I: the Mayor of the Township or the Mayor's appointee;
(2) 
Class II: one of the officials of the Township other than a member of the governing body, to be appointed by the Mayor, in accordance with N.J.S.A. 40:55D-23;
(3) 
Class III: a member of the Township Committee, to be appointed by it;
(4) 
Class IV: other citizens of the Township to be appointed by the Mayor. The Class IV Board members shall hold no other municipal office except as provided in N.J.S.A. 40:55D-23.
B. 
Zoning Board members. The Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d. of N.J.S.A. 40:55D-70.
C. 
Terms of office. The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The terms of all Class IV members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Joint Land Use Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
D. 
Voting eligibility. When any hearing before a Joint Land Use Planning Board meeting shall carry over two or more meetings, a member of the Board who was absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him/her a transcript or recording of the meeting from which s/he was absent and certifies, in writing, or upon the record to the Board that s/he has read such transcript or listened to such recording.
E. 
Alternate members.
(1) 
Designation. The Township Committee shall appoint not more than two alternate members to the Joint Land Use Planning Board. The two alternate members of the Joint Land Use Planning Board shall be designated as "Alternate Number 1" and "Alternate Number 2," respectively, and each alternate shall retain said designation during the term for which they are appointed.
(2) 
Appointment of alternate to serve on case. During the absence or disqualification of any regular member, the Chairperson shall appoint an alternate member to serve in the place of said regular member; provided, however, that where the alternate member is designated to serve in place of the regular member who is disqualified from participating in the hearing of a particular case, the alternate member shall be designated to serve only with respect to such case. An alternate member who has been designated to sit in place of a regular member and who has participated in any hearing or matter coming before the Board shall continue to act in the place of such regular member until the final disposition of said matter by the Joint Land Use Planning Board. The Chairperson shall appoint alternate members in the order of their designation.
(3) 
Alternate not to serve at adjourned or continued hearing unless present at prior hearings. When a regular member has been present and has participated in the first hearing on any matter, no alternate member shall be designated to serve during the absence of such regular member during any adjourned or continued hearing or hearing on the same matter unless said alternate member was present at such first hearing or any prior adjourned or continued hearing on such matter.
(4) 
Rights and privileges. An alternate member who has been designated to serve in the place of an absent or disqualified regular member shall, during the period of his service, enjoy all the rights and privileges and shall be subject to all of the duties and disabilities pertaining to regular members, if, but only if, the alternate certifies that they have read a transcript or listened to a recording of prior meetings; provided however, that no alternate member shall be eligible to serve as Chairperson or Vice Chairperson of the Board.
(5) 
Participation in discussions; voting. Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member, nor shall any vote 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 Number 1 shall vote.
(6) 
Terms of alternate members. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority.
F. 
Removal of member.
(1) 
Board recommendation. Whenever a member of the Joint Land Use Planning Board shall absent themselves from meetings of the Board, without just cause, for a period deemed detrimental to the conduct of Board business, the Board may recommend to the Township Committee, in writing, that such member be removed in accordance with the provisions of N.J.S.A. 40:55D-69.
(2) 
Automatic vacancy. In accordance with the provisions of N.J.S.A. 40A:9-12.1(g) any Board member who, without being excused by a majority of the authorized members of the Board, fails to attend and participate at meetings of the Board for a period of three consecutive regular meetings shall be considered to be no longer a member of the Board and a vacancy on the Board shall be deemed to exist, provided that the Board shall notify the governing body in writing of such determination and further provided that the Board may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness or other valid reasons.
(3) 
Conflict of interest. No regular or alternate member of the Planning Board shall be permitted to act on any matter in which s/he has, either directly or indirectly, any personal or financial interest. Any member, other than a Class I member, after a public hearing, if s/he requests it, may be removed by the Township Committee for cause.
A. 
The Joint Land Use Planning Board shall have the following powers and duties:
(1) 
Prepare, adopt, maintain, and amend the Township Master Plan, pursuant to N.J.S.A. 40:55D-28.
(2) 
Administer the land subdivision, site plan, and zoning provisions of this chapter and hear and decide applications made pursuant thereto.
(3) 
Prepare, maintain, and administer the Township Official Map adopted by the Township Committee, pursuant to N.J.S.A. 40:55D-32.
(4) 
Prepare a capital improvement program, if authorized by the Township Committee, pursuant to N.J.S.A. 40:55D-29.
(5) 
Direct issuance of building permits for a structure in the bed of a mapped street, public drainageway, flood-control basin or public area, pursuant to N.J.S.A. 40:550-34, or for a structure not related to a street, pursuant to N.J.S.A. 40:55D-36.
(6) 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(7) 
Assemble data on a continuing basis as part of a continuous planning process.
(8) 
Perform such advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
A. 
The Riverside Planning Board shall exercise the following powers when acting as the Zoning Board of Adjustment.
(1) 
Hear and decide appeals pursuant to N.J.S.A. 40:55D-72 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 the zoning provisions of this chapter.
(2) 
Hear and decide requests for interpretation of the Zoning Map, zoning provisions of this chapter, Official Map, or for decisions upon other special questions upon which the Board is authorized to pass under this chapter.
(3) 
Hear and decide requests for variances from lot area, lot dimensional, setback, and yard requirements, pursuant to N.J.S.A. 40:55D-70c.
(a) 
Hardship. Grant a variance from the strict application of any regulation of the zoning provisions of this chapter that would result in peculiar and exceptional practical difficulties, or exceptional and undue hardship upon the developer of a specific piece of property for the following reasons:
[1] 
Exceptional narrowness, shallowness or shape of the property;
[2] 
Exceptional topographic conditions or physical features uniquely affecting the property; or
[3] 
An extraordinary and exceptional situation uniquely affecting the property or structures lawfully existing thereon.
(b) 
Other bulk variance. Grant a variance to allow departure from the zoning provisions of this chapter for a specific piece of property, excluding the variance from those departures enumerated in Subsection A(4) of this section, when the purposes of the Municipal Land Use Law[1] would be advanced by a deviation from the specified zoning provisions of this chapter and when the benefits of the deviation would substantially outweigh any detriment.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4) 
Hear and decide requests to grant a variance to allow departure from the zoning provisions of this chapter in particular cases and for special reasons pursuant to N.J.S.A. 40:55D-70d. Variances granted under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning provisions of this chapter. The variances that may be granted under this subsection include the following:
(a) 
A use or principal structure in a district restricted against such use or principal structure.
(b) 
An expansion of a nonconforming use.
(c) 
Deviation from a specification or standard pertaining solely to a conditional use including deviations from the standards or specifications of the Township Redevelopment Plan.
(d) 
An increase in the permitted floor area ratio.
(e) 
An increase in the permitted density, 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.
(f) 
A height of a principal structure which exceeds by 10 feet or 10%, whichever is greater, the maximum height permitted in the district for a principal structure.
B. 
Annual report. The Joint Land Use Planning Board, acting as the Zoning 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 the zoning provisions of this chapter which were the subject of variance requests. The report shall contain recommendations of the Joint Land Use Planning Board relative to amendments or revisions to the zoning provisions of this chapter, if any. The report shall be sent to the Township Committee for its consideration.
A. 
Chairperson. The Chairperson shall decide all points of order and matters of procedure governing the meeting unless otherwise directed by a majority of the Board in session at the time. The Chairperson shall have all the powers and perform all the duties normally appertaining to his/her office. The Chairperson or his/her designee shall swear all witnesses giving testimony before the Board.
B. 
Vice Chairperson. The Vice Chairperson shall preside at all Joint Land Use Planning Board meetings and hearings in the absence of the Chairperson.
C. 
Secretary.
(1) 
The Secretary shall conduct all official correspondence, compile the required records, maintain and keep in order the necessary files and indices, and generally perform the secretarial work of the Board.
(2) 
The Secretary shall attend all meetings of the Board, and shall have the care and custody of all records, documents, maps, plans and papers of the Board. When the votes are taken, the Secretary shall take roll in alphabetical order by last name, except that the Chairperson shall be called last.
(3) 
The Secretary shall make a record of, and keep on file, the minutes of the proceedings at each meeting or hearing held by the Board and shall enter therein with the other proceedings, such resolutions and orders as are adopted and a copy of the minutes of that meeting. The Secretary shall issue notices of meeting and shall perform such other duties as usually appertain to the office.
(4) 
The Secretary shall file a brief notice of the Board's decision on each development application pursuant to N.J.S.A. 40:55D-10i and provide a full copy of the notice and the adopted resolution to the applicant.
D. 
Personnel, experts and staff.
(1) 
The Joint Land Use Planning Board may also employ, or contract for, and fix the compensation of such experts and other staff and services as may be necessary to carry out its powers and duties and to conduct professional reviews of land development applications. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
(2) 
All applicants shall pay into an escrow fund at the time the application is filed, sufficient funds to pay for professional services required for review of the application. The fees and charges of all professional services related to a land development application shall be paid from the applicant's escrow account.
(3) 
The Board shall specifically have the power to appoint the following positions:
(a) 
Board Attorney. In accordance with the requirements of law, the Planning Board shall have the power, right and responsibility to employ an attorney to advise the Board as to its legal rights. The Board Attorney shall be answerable and responsible to the Planning Board and shall take action independent of any action taken by the Township Solicitor in accordance with the principles of law. The Board Attorney shall be appointed for a term of one year, commencing on January 1 of the year of appointment and terminating on December 31 of the year of appointment.
[1] 
Qualifications. The person appointed Board Attorney shall be an attorney licensed to practice law in the State of New Jersey and possess other qualification, ability and experience which the Board shall deem necessary to perform the duties of his office.
[2] 
Compensation. The Board Attorney shall receive reasonable fees and charges for legal services.
[3] 
Duties. The Board Attorney shall be the advisor on legal matters to the Joint Land Use Planning Board. In this connection, the Board Attorney shall be present during public hearings on land development applications, advise the Board on legal and procedural matters, and prepare the resolutions memorializing the actions of the Board.
(b) 
Board Engineer.
[1] 
Qualifications. The person appointed Board Engineer shall be a licensed professional engineer within the State of New Jersey and possess other qualification, ability and experience which the Board shall deem necessary to perform the duties of his office.
[2] 
Compensation. The Board Engineer shall receive reasonable fees and charges for engineering services.
[3] 
Duties. The Board Engineer shall be the advisor on engineering matters to the Planning Board. In this connection, the Board Engineer shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters.
(c) 
Board Planner.
[1] 
Qualifications. The person appointed Board Planner shall be a licensed professional planner within the State of New Jersey and possess other qualification, ability and experience which the Board shall deem necessary to perform the duties of his office.
[2] 
Compensation. The Board Planner shall receive reasonable fees and charges for planning services.
[3] 
Duties. The Board Planner shall be the advisor on planning matters to the Planning Board. In this connection, the Board Planner shall review all plans and documents received by the Planning Board for its action and make specific recommendations concerning said matters.
(d) 
Other professionals. The Board shall obtain the services of other recognized experts as is necessary to review particular elements of land development applications. The cost of these specialized professional services shall also be borne by the applicant and charged to the relevant escrow account for the land development application.
(e) 
Development Review Committee.
[1] 
Establishment. The Development Review Committee (the DRC) of the Riverside Township Joint Land Use Planning Board is hereby established. The DRC shall consist of three regular members of the Board as appointed annually by the Chairperson of the Riverside Joint Land Use Planning Board and the professionals employed by the Joint Land Use Planning Board to review development applications.
[2] 
Purpose. The purpose of the Development Review Committee shall be to provide applicants with an informal review of any proposed development project prior to formal application being made to the Joint Land Use Planning Board. The DRC may make recommendations to the applicant as to how best to proceed in a formal application of any proposed development, such recommendations being non-binding on the Joint Land Use Planning Board.
[3] 
Procedure. Applicants are encouraged to schedule a review of any major site plan or other proposed development that may be unique to the Township of Riverside, by contacting the Secretary of the Joint Land Use Planning Board. For additional procedures, see § 255-108.
(f) 
Technical Review Committee.
[1] 
The Technical Review Committee (the TRC) of the Riverside Township Joint Land Use Planning Board is hereby established. The TRC shall consist of three regular members of the Board as appointed annually by the Chairperson.
[2] 
Purpose. The purpose of the Technical Review Committee shall be to review adverse decisions of the Township of Riverside Zoning Officer and make recommendations to the full Joint Land Use Planning Board.
[3] 
Procedure. Within 20 days following the denial of any zoning permit, an applicant may appeal the decision of the Zoning Officer to the full Joint Land Use Planning Board. Prior to the Joint Land Use Planning Board considering the appeal, the Technical Review Committee shall review the decision of the Zoning Officer and make a recommendation to the full Joint Land Use Planning Board on the disposition of the appeal. The Recommendation of the TRC shall be reported at the next regular meeting of the Riverside Joint Land Use Planning Board.
(g) 
Historical Preservation Review Committee.
[Added 2-22-2021 by Ord. No. 2021-2]
[1] 
Establishment. The Development Review Committee (the HPRC) of the Riverside Township Joint Land Use Planning Board is hereby established. The HPRC shall consist of three regular members as appointed annually by the Township Committee and one regular member as appointed by the Chairperson of the Riverside Joint Land Use Planning Board. The professionals employed by the Joint Land Use Planning Board to may be used to review any applications deemed necessary.
[2] 
Purpose. The purpose of the Historical Review Committee shall be to provide applicants with an informal review of any proposed development or rehabilitation projects prior to formal application being made to the Joint Land Use Planning Board. The HPRC shall make recommendation to the Joint Land Use Planning Board as to the appropriateness of the application, which shall be nonbinding. The HPRC may also, from time to time, make recommendations to the Township Committee as to the historic preservation of specific buildings and/or structures and the inclusion of historic preservation in the Municipal Land Use and/or Master Plan.
[3] 
Designated properties. The map attached here to as Exhibit A[1] includes the properties that require HRPC review.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
[4] 
Designated application. Application must be made on forms available from the Land Use Secretary. Said application must be delivered to the Planning Board Secretary a minimum of 30 days prior to the established Planning Board Hearing.
[5] 
Determination. The HPRC shall reach a decision on the application seven days prior to the established Planning Board Hearing.
[6] 
Waiver. An application may request a waiver of review by the HRPC by way of formal request to the Joint Land Use Board.
The Riverside Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths, and the taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A. 
No regular or alternate member of the Riverside Planning Board shall act on any application or matter pending before the Board in which s/he is in a position to derive personal benefit from actions or decisions made in their official capacity.
B. 
Whenever any such member shall disqualify himself/herself from acting on a particular matter, s/he shall not continue to sit with the Board on the hearing of such particular matter, nor participate in any discussion by the Board or any decision relating thereto.
A. 
Annual reorganization meeting. The annual reorganization meeting of the Board shall be held at a designated time in January of each year, at which time the Board shall elect from among its members a Chairperson and a Vice Chairperson. The Board shall also appoint a Secretary and Board professionals, all of whom shall serve for a one-year term until they are reappointed or their successors are appointed at the next annual reorganization meeting. The Secretary may or may not be a member of the Joint Land Use Planning Board.
B. 
Regular meeting dates. The regular meetings of the Joint Land Use Planning Board shall be held at the Municipal Building of the Township of Riverside, New Jersey, at a time and day designated by the Joint Land Use Planning Board at the annual reorganization meeting. The Joint Land Use Planning Board shall be scheduled to meet at least once each month. The Secretary shall annually furnish a copy of the regular meeting dates for the year to the news media designated by the Township Committee in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. If it becomes necessary to change the date of a regularly scheduled meeting, the Joint Land Use Planning Board shall by resolution provide for an alternate date, causing proper notice to be published in a newspaper of general circulation within the Township.
C. 
Special meetings. Meetings may be called by the Chairperson or in his/her absence by the Vice Chairperson at any time or upon the written request of two members, provided notice thereof is mailed or given to each member of the Board at least two days prior thereto, and to the public as required by the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
D. 
Meetings open to public. All meetings shall be open to the public except such executive sessions as authorized by N.J.S.A. 40:55D-9b and N.J.S.A. 10:4-6 et seq.
E. 
Records.
(1) 
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Board, and the names of any attorney appearing, the action taken by the Board, the findings, if any, made by it and the reasons therefor. The minutes, following adoption by vote of the Joint Land Use Planning Board, shall thereafter be made available for public inspection during normal business hours at the Township office. Any interested party who wishes a copy of the minutes of any meeting shall be charged a reasonable fee, pursuant to Chapter 202 of the Code of Riverside, for the reproduction of the minutes.
(2) 
A verbatim recording shall be made of every hearing on an application for development submitted to the Joint Land Use Planning Board. The recording of the proceedings shall be made either by stenographer, mechanical or electronic means. The Township shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his/her expense, provided that the charge for a transcript shall not exceed the maximum permitted by N.J.S.A. 2B:7-4. Each transcript shall be certified, in writing, by the transcriber to be accurate.
F. 
Conduct of meeting. The Chairperson or, in his/her absence, the Vice Chairperson, or in his/her absence, a member of the Planning Board selected at the meeting to be the Acting Chairperson, shall act as the Board's presiding officer at all meetings. In this connection, the Chairperson may administer oaths and compel the attendance of witnesses or authorize the Board Attorney to perform these responsibilities. The Chairperson shall ensure that the minutes of the meeting show the vote of each member on all action items or show that the member is absent or fails to vote on that action item. The Board shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Planning Board and constitute a public record. Specifically, action by the Board in the conduct of its meetings and the holding of hearings shall conform with the procedural requirements of N.J.S.A. 40:55D-1 et seq.
A. 
Notice required. The Riverside Planning Board shall not conduct a public hearing or consider a land development application for which notice is required until it is demonstrated that the notice requirements have been fulfilled.
B. 
List of owners supplied by Tax Assessor. The Tax Assessor of the municipality (or other authorized official) shall furnish the applicant with a certified list of the property owners entitled to notice pursuant to the provisions of N.J.S.A. 40:55D-12(c). The applicant shall pay the applicable fee, pursuant to Chapter 202 of the Code of the Township of Riverside, for preparation of the list. A copy of the official certification and list shall be annexed to applicant's proof of service.
C. 
Public notice of a hearing shall be given for the following applications:
(1) 
An appeal to the Joint Land Use Planning Board under § 255-25 from the decision of the Zoning Officer or administrative officer.
(2) 
An extension of approvals for five or more years under N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52.
(3) 
Modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice.
(4) 
Any request for a variance.
(5) 
Any request for conditional use approval.
(6) 
Any request for preliminary and final approval of a subdivision or site plan.
(7) 
Any request for certification of a nonconforming use.
(8) 
Any request for relief N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as part of an application for development otherwise excepted herein from public notice.
(9) 
Any request by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to N.J.S.A. 40:55D-31.
D. 
Contents. The notice of public hearings on land development applications shall state the date, time and place of the hearing, the nature of the matters to be considered, 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 public inspection.
E. 
Persons served. Notice of hearing shall be given to all persons and officials entitled thereto by the requirements of N.J.S.A. 40:55D-12.
F. 
How given.
(1) 
Notice shall be given at least 10 days prior to the date of the hearing in the following manner:
(a) 
Publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. Applicants should consult with the Secretary of the Joint Land Use Planning Board for the name of the official paper.
(b) 
Notification by personal service or certified mail to the following. An affidavit of proof of the giving of the required notice shall be filed by the applicant with the Board at or prior to the hearing. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14):
[1] 
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 the hearing.
[2] 
In the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it, notice shall be given by:
[a] 
Serving a copy thereof on the property owner as shown on the said current tax duplicate; or
[b] 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
[i] 
Notice to a partnership owner may be made by service upon any partner.
[ii] 
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.
[iii] 
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.
[3] 
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of such adjoining municipality or municipalities.
[4] 
To the Burlington 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 County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
[5] 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
[6] 
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 filed with the Township.
(2) 
If an application is continued to a subsequent hearing on a date certain, an announcement of such continuation and the date thereof shall be made at the time of continuation and renotification by personal service or certified mail shall not be required.
A. 
Appeals to the Joint Land Use Planning Board, which require the Board to invoke its powers as a Zoning Board of Adjustment, may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Joint Land Use Planning Board all the papers constituting the record upon which the action appealed was taken.
B. 
Prior to the Joint Land Use Planning Board undertaking a review of any appeal of a decision by the Township Zoning Officer, the Technical Review Committee shall first review the appeal and make a recommendation to the Joint Land Use Planning Board.
C. 
Modification on appeal. In exercising its powers as a Zoning Board of Adjustment, the Joint Land Use Planning 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 the powers of the administrative officer from whom the appeal is taken.
D. 
Stay of proceedings. An appeal to the Joint Land Use Planning Board, which requires the Board to invoke its powers as a Zoning Board of Adjustment, shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her 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 upon notice to the officer from whom the appeal is taken and on due cause shown.
E. 
Time for decision. The Planning Board acting in the capacity as a Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72, Paragraph b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event the developer submits separate consecutive applications, pursuant to this chapter, the aforesaid time period 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.
F. 
Except as otherwise provided by the general ordinances of the Township of Riverside, each application made for a variance or appeal shall be accompanied by the fee specified in Chapter 202 of the Code of the Township of Riverside, payable to the Township of Riverside.
G. 
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Joint Land Use Planning Board, functioning in the capacity as a Zoning Board of Adjustment, permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by the limitation within one year from the date of entry of the judgment or determination of the Joint Land Use Planning Board, or in the case where a variance was granted in conjunction with the approval of a development application for a minor subdivision or site plan, preliminary major subdivision or site plan or a final subdivision or site plan, the expiration period for the variance shall run concurrently with the expiration period for the respective development application, unless the applicable construction permits have been obtained or the permitted uses have actually been commenced by that date; 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 Joint Land Use Planning Board to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Nothing in this section shall limit the time period extension permitted by the New Jersey Permit Extension Act, N.J.S.A. 40:55D-136.1 et seq.
Any decision of the Joint Land Use Planning Board when acting upon an application for development shall be given by notice in the following manner:
A. 
Copy to applicant, interested parties. A copy of the decision shall be mailed by the Secretary of the Joint Land Use Planning Board within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the designated fee.
B. 
Newspaper notice. A brief notice of every final decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the Township of Riverside. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if s/he so desires. The municipal agency may make a reasonable charge for its publication. The notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision.
C. 
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 municipality or the applicant.
The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Riverside. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire Township. Moreover, if an applicant can clearly demonstrate that, because of peculiar conditions pertaining to his/her land, the literal enforcement of one or more of the regulations within or referred to herein is impracticable or will exact undue hardship, the Joint Land Use Planning Board may permit such exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.