The purpose of this chapter shall be to provide rules, regulations and standards to guide land use applications in the Township of Cinnaminson in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth of development, the conservation, protection, and proper use of land and adequate provision for circulation, utilities and services.
Except where the context clearly shows that a different meaning is intended, the following words, terms and phrases used in this chapter shall have the meanings hereinafter indicated:
- ACCESSORY BUILDING
- A building on the same lot with, but subordinate to, the permitted main building and used exclusively for a purpose customarily incidental to the use of the main building.
- ACCESSORY USE OR STRUCTURE
- A use on the same lot with, but subordinate and customarily incidental to, the permitted main use of the lot or of the main building thereon. The term does not include the use of physical facilities for the conduct of a business or industry, other than a professional office and a home occupation.
- The Cinnaminson Township Planning Board and Zoning Board of Adjustment (where applicable) hereinafter designated "Board."
- BOUNDARIES OF LOT
- The boundary lines of a parcel of land as fixed by deed of conveyance recorded in the office of the County Clerk or by map filed in said office; provided, however, that where any boundary line of a lot is located within a street, road, avenue or highway, the boundary line of the lot, for the purposes of this chapter, shall be deemed to be the nearest side line of such street, road, avenue or highway.
- Any structure, including an annex or addition, that requires for its use a fixed location on the land; provided, however, that an interior change or alteration of a structure shall also be deemed to be a "building" for the purposes of this chapter.
- BUILDING LINE
- The line on the lot that is parallel to and nearest to the front street line and that is distant therefrom not less than the minimum required depth of the front yard and that has not less than the minimum length hereinafter specified, namely, 200 feet in the R-1 Residence and in the SRC Specially Restricted Commercial Districts; 100 feet in the R-2 Residence and in the IND Industrial Districts; 75 feet in the R-3 Residence District; 50 feet in the R-4 Residence and in the C Commercial Districts; and 40 feet in the R-5 Residence District.
- A list or lists of application and plan submission requirements developed, prepared and approved by the Planning Board by resolution to assist the applicant and the reviewing agency in determining if an application is complete. The Planning Board shall be permitted to develop, prepare and approve individual checklists for the following application submissions: concept plan, minor subdivision, preliminary subdivision, final subdivision, preliminary site plan, final site plan and variances. Before any application for development is deemed complete by a reviewing authority of this Township, the applicant shall provide all of the information indicated on the applicable checklist, a copy of which will be provided to the applicant for use in preparing the application. If information indicated on the checklist is not applicable to the particular application, such information may be omitted and noted on the checklist as nonapplicable. The date for hearing by the reviewing authority shall be set after it is determined that the application is complete. The list of application and plan submission requirements attached to this chapter as Appendix A which shall be used to assist the applicant and the reviewing agency to determine whether an application is complete.
- CLUSTER DEVELOPMENT
- The development based on an overall density for the entire tract allowing reduced lot sizes so that higher densities result in individual segments of the tract, provided that the gross density of the entire tract permitted by this chapter is not exceeded and the open space preservation is an integral part of the design.
- The New Jersey Council on Affordable Housing.
- COMMERCIAL VEHICLE
- Any motor vehicle used for commercial purposes, in interstate or intrastate commerce, for the transportation of property, goods, wares and merchandise or for the transportation of persons for hire, compensation or profit. The display of commercial, omnibus or constructor registration plates on any motor vehicle shall, for the purposes of this chapter, be prima facie evidence that the vehicle is a commercial vehicle.
- COMMON PROPERTY/ COMMON OPEN SPACE
- An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
- COMPLETE APPLICATION
- An application that satisfies all of the requirements of this chapter and includes a completed checklist.
- In addition to its usual meaning, includes the meaning of the words "reconstruct," "build," "rebuild," "erect," "alter" and "arrange."
- CONVENIENCE STORES WITH MOTOR FUEL DISPENSING
- A convenience store with motor fuel dispensing is a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines and sandwiches and other freshly prepared foods, such as salads, for off-site consumption and includes facilities for dispensing motor fuels.
- CORNER LOT
- A lot situate at the intersection of two streets, roads, avenues or highways, where the interior angle of the intersection is not more than 135°.
- The permitted number of dwelling units per gross area of land to be developed.
- DEVELOPABLE ACRE/DEVELOPABLE ACREAGE
- Land that is not included in:
- DEVELOPMENT FEES
- Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater or sewage piping or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1A-1 et seq.
- EFFECTIVE DATE OF ORDINANCE
- The date on which this chapter becomes operative, namely, the date of publication (in full or by title) after final passage and adoption.
- EQUALIZED ASSESSED VALUE
- The value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
- FARM BUILDING
- Any building used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products. The term "farm building" shall not include the dwelling.
- FAST-FOOD/DRIVE-THROUGH RESTAURANT
- A commercial establishment where food and drink are prepared on the premises for consumption within the restaurant, in the purchaser's vehicle or off the premises. Any restaurant established with a drive-through window shall be considered a fast-food/drive-through restaurant.
- FINAL APPROVAL
- The official action of the Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
- FINAL PLAT
- The final map of all or a portion of the subdivision which is presented to the Board for final approval in accordance with this chapter and which, if approved, shall be filed with the proper recording officer. A final plat must be prepared by a licensed professional engineer or licensed professional land surveyor and must comply with the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
- GENERAL TERMS AND CONDITIONS
- Those outlined under preliminary plat details, § 330-211 and the design standards as outlined under §§ 330-214 through 330-226.
- GOLF COURSE/CLUB/COUNTRY CLUB
- A tract of land improved with at least 18 holes for playing the game of golf, and improved with tees, greens, fairways and hazards, and a clubhouse (which may include dining rooms, common rooms, a pro shop, social rooms, kitchen, locker rooms and similar facilities) and customary, but clearly subordinate, accessory facilities such as tennis courts and swimming pools and buildings and structures for the maintenance and operation of the facility.
- GROSS VEHICLE WEIGHT
- The combined weight of the vehicle and the rated payload. For the purposes of this chapter, the gross weight as stated on the vehicle's registration certificate shall be prima facie evidence of the vehicle's gross vehicle weight.
- HEIGHT OF BUILDING
- The vertical measurement from the mean level of the ground adjacent to the building to the highest point of the roof if the roof is flat or has a slope of less than 15° from the horizontal or to a point midway between the peak and the eaves of a roof having a slope of 15° or more; provided, however, that any permitted chimney, spire, elevator, penthouse, tank or similar structure above the roof of a building shall not be included in calculating the height of such building.
- HOME OCCUPATION
- One carried on in the main dwelling or in a building accessory thereto solely by the inhabitants thereof, which does not change the character thereof, does not employ outsiders, does not involve trading in merchandise or animals or the rendering of personal physical services, does not give rise to offensive noise, vibrations, smoke, dust, odor, heat or glare and which does not occupy more than 25% of the net livable floor area of the dwelling unit. "Home occupation" is defined herein to include the occupations of dressmaker, milliner, seamstress and such other occupations as comply with the standards set forth in §§ 525-20 through 525-22 and which the Planning Board of the Township of Cinnaminson may authorize as a conditional use. Beauty shops, barbershops, dancing instructions and commercial kennels shall not be deemed to be "home occupations."
- HOUSING TRUST FUND
- The interest-bearing account in which all development fees will be deposited pursuant to N.J.A.C. 5:93-8.15.
- JUDGMENT OF REPOSE
- A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
- A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
- LOT AREA
- Shall not include any part of the lot lying within a street, road, avenue or highway.
- MAJOR DEVELOPMENT
- Any development that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 acre or more. "Disturbance," for the purpose of this chapter, is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision.
- MASTER PLAN
- A composite of one or more written or graphic proposals for the development of the municipality as forth in and adopted pursuant to N.J.S.A. 40:55D-28.
- MINOR SUBDIVISION
- A subdivision of land for the creation of not more than three lots, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. Any subdivision of land which has been part of a major or minor subdivision within the past five years shall automatically be considered a major subdivision regardless of the number of lots being created by the current application.
- MINOR SUBDIVISION PLAT
- The minor subdivision map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Board for Board approval and meeting the legal requirements of §§ 330-210 through 330-226 of this chapter, which, if approved, shall be filed with the proper recording officer. Nothing within this definition is meant to preclude the filing of a minor subdivision by deed if approved by the Planning Board.
- MULTIFAMILY HOUSING DEVELOPMENT
- A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 and 40:55D-33. Such map shall be deemed to be conclusive with respect to the location and width of streets, public parks and playgrounds and drainage rights-of-way shown thereon.
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- Any individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
- PERFORMANCE GUARANTEE
- Any security, which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
- Includes natural person, copartnership, corporation and any number of them.
- A map or maps of a subdivision or site plan.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and applicant.
- PRELIMINARY PLAT
- The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Board for Board consideration and preliminary approval and meeting the requirements of §§ 330-210 through 330-226 of this chapter.
- PROFESSIONAL OFFICE
- An office of a physician, dentist, clergyman, attorney, accountant, architect or registered professional engineer, which is located in the dwelling in which the practitioner resides, or in a building accessory thereto, and in which no person or persons other than residents of the dwelling are employed, except that one nonresident employee who is not a member of a profession as defined within this section of the chapter may be allowed, and in which there is no display of goods or advertising other than an identification sign as provided for in §§ 525-20 through 525-22. Said office shall not occupy more than 25% of the net livable floor area of the dwelling unit.
- RECYCLING AREA
- Space allocated for collection and storage of source-separated recyclable materials.
- RESIDENTIAL ZONES
- All areas of the Township of Cinnaminson designated on the Zone Map of Cinnaminson Township as residential districts.
- SATELLITE ANTENNA
- An apparatus, such as a parabolic dish, which is designed for the purpose of receiving satellite television, radio, microwave, antenna or similar signals. This does not include the traditional and conventional television antennas.
- SINGLE-FAMILY DETACHED DWELLING
- A single nonprofit housekeeping unit. "Housekeeping unit" shall be defined as one or more persons living together in one dwelling on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis. There shall be no maximum numerical limitation regarding the size of a single family. At no time, however, shall the number of persons constituting a single family exceed a reasonable number so as to endanger the health, safety, morals or welfare of the citizenry of the Township of Cinnaminson and/or the members of the single family.
- STANDARD SPECIFICATIONS
- The Standard Specifications of the New Jersey Department of Transportation.
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county, or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided for in the Municipal Land Use Law and this chapter, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
- STREET LINE
- A side line of an existing or dedicated public street, road, avenue or highway and, for the purposes of this chapter, the dividing line between the public or dedicated way and the adjacent land.
- Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder.
- The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
- A. Divisions of land found by the Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;
- B. Divisions of property by testamentary or intestate provisions;
- C. Divisions of property upon court order, including but not limited to judgments of foreclosure;
- D. Consolidation of existing lots by deed or other recorded instrument; and
- E. The conveyance of one or more adjoining lots, tracts, or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township.
- SUBSTANTIVE CERTIFICATION
- A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the New Jersey Fair Housing Act of 1985 and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
There is hereby established pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) in the Township of Cinnaminson a Planning Board of nine members consisting of the following four classes:
Class I: the Mayor or the Mayor's designee in the absence of the Mayor;
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Advisory Board, the member of the Environmental Advisory Board who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member in the event that there be among the Class IV or alternate members of the Planning Board a member of the Zoning Board of Adjustment and a member of the Board of Education;
Class III: a member of the governing body to be appointed by it; and
Class IV: six other citizens of the municipality 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 Zoning Board of Adjustment and one member may be a member of the Board of Education. A member of the Environmental Advisory Board who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and a municipal environmental advisory board shall be deemed a Class II member of the Planning Board.
In addition, pursuant to N.J.S.A. 40:55D-23.1 there shall be appointed two alternate members of the Planning Board who shall be appointed by the Mayor and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.
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, except for a Class II member who is also a member of the Environmental Advisory Board.
The term of the Class II or Class IV member who is also a member of the Environmental Advisory Board shall be for three years or terminate at the completion of his term of office as a member of the Environmental Advisory Board, whichever comes 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 he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members shall be for four years.
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 member shall expire in any one year.
All terms shall run from January 1 of the year in which the appointment was made.
Nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed.
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided herein, for the unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may or may not be a member or alternate of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate shall not serve as Chairman or Vice Chairman.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of, or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract with the service of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of §§ 330-10 through 330-17. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigation Law of 1955 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
To make and adopt from time to time and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality in accordance with the provisions of N.J.S.A. 40:55D-28;
To administer the provisions of the site plan and subdivision articles of this chapter in accordance with the provisions of said ordinances and Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Review a proposed Official Map or amendment of an Official Map submitted by the governing body pursuant to N.J.S.A. 40:55D-32.
To prepare, as authorized from time to time by the governing body, a program of municipal capital improvement projects over a term of at least six years in accordance with N.J.S.A. 40:55D-29.
To act on variances and certain building permits in conjunction with subdivision, site plan, and conditional use approval pursuant to N.J.S.A. 40:55D-60.
To participate in the preparation and review of programs and plans required by state or federal law or regulation.
To assemble data on a continuing basis as part of a continuous planning process.
Perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
To consider and make report to the governing body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a.
To pass upon other matters specifically referred to the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-26b.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
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 person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Township of Cinnaminson appointed by the Township Committee to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed 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 term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
Not more than two alternate members, residents of the Township of Cinnaminson, shall be appointed by the Township Committee to be designated "Alternate No. 1" and "Alternate No. 2." Such alternates shall serve in rotation during the absence of or disqualification of any regular member or members. The term of each alternate member shall be two years.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary who or may not be a Board member or other municipal employee.
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
The Zoning Board of Adjustment 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 shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The 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 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.
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto and with the provisions of this chapter.
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with nine copies of said notice, with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the administrative office from whom the appeal was taken.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting the 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 permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Board of Adjustment; 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 of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
The Board of Adjustment shall have such powers as are granted law to:
Hear and decide requests for interpretation of the Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided 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 shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board. No variance or other relief may be granted under the provisions 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 Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 330-30, have power given by law 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 on the Official Map.
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-37 et seq.) or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to § 330-30 of this chapter.
The 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 120 days after the date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
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.
Area variance. A filing fee as set forth in Chapter 265, Fees, shall accompany each area variance application. At the time of submission of the application, the developer shall deposit an escrow fee with the Township for the sum as set forth in Chapter 265, to be held in an escrow fund and used to meet the cost of Board professionals for the review of the application. The Board Engineer, Attorney and Planner shall submit detailed records of their work, and the fees shall be paid whether or not the application is approved. Any costs incurred for the Board professionals' review of the application in excess of the escrow shall be paid by the developer before action is taken with respect to the application. Any monies remaining in the escrow funds shall be refunded to the applicant on approval of the application. Additional escrow funds may be required by the Zoning Board of Adjustment and must be deposited by the developer before further consideration of the application. When any escrow account has been drawn against by any of the professionals authorized to review the application and the amount of the escrow fund is depleted so that less than 1/2 thereof remains in the account, the applicant shall thereupon replenish the amount of the escrow to the full amount in Chapter 265, Fees. The applicant shall have 20 days to post the additional monies to bring the escrow up to the amount in Chapter 265, after written notice thereof from the Zoning Board of Adjustment Secretary.
Use variance. A filing fee as set forth in Chapter 265, Fees, shall accompany each use variance application. At the time of submission of the application, the developer shall deposit an escrow fee with the Township for the sum as set forth in Chapter 265, to be held in an escrow fund and used to meet the cost of Board professionals for the review of the application. The Board Engineer, Attorney and Planner shall submit detailed records of their work, and the fees shall be paid whether or not the application is approved. Any costs incurred for the Board professionals' review of the application in excess of the escrow shall be paid by the developer before action is taken with respect to the application. Any monies remaining in the escrow funds shall be refunded to the applicant on approval of the application. Additional escrow funds may be required by the Zoning Board of Adjustment and must be deposited by the developer before further consideration of the application. When any escrow account has been drawn against by any of the professionals authorized to review the application and the amount of the escrow fund is depleted so that less than 1/2 thereof remains in the account, the applicant shall thereupon replenish the amount of the escrow to the full amount in Chapter 265. The applicant shall have 20 days to post the additional monies to bring the escrow up to the amount in Chapter 265, after written notice thereof from the Zoning Board of Adjustment Secretary.
Appeal/interpretation fees. Where an interested party either appeals to the Zoning Board of Adjustment under N.J.S.A. 40:55D-70a, or seeks an interpretation of the Zoning Map or Ordinance, or an interpretation of other decisions upon special questions upon which the Zoning Board is authorized to act pursuant to N.J.S.A. 40:55D-70b, a filing fee as set forth in Chapter 265, Fees, shall accompany the application. In addition, an escrow fee in the amount set forth in Chapter 265 shall be simultaneously submitted, subject to and in accordance with the provisions governing escrow fees contained in Subsections A and B above.
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days of filing a notice of appeal in the manner set forth in § 330-27 of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-69 et seq.).
An appeal from any decision of the Zoning Board of Adjustment granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment.
As provided by law, the regulations, limitations and restrictions established by this chapter may be amended, changed, modified or repealed, and the boundaries of the districts herein established may be changed by ordinance adopted by the Township Committee in the manner prescribed by law, and such general power of amendment, change, modification and repeal is hereby expressly reserved to the Township Committee.
In addition to the publication, as required by law, of notice of the time and place of the public hearing to be afforded by the Township Committee upon consideration for final passage of any ordinance referred to in § 330-36 of this chapter and introduced and passed on first reading by the Township Committee, a copy of such ordinance and notice of the time and place of public hearing shall be forwarded by the Township Clerk by mail to all members of the Board of Adjustment and to every local civic association or other association of persons residing in said Township that shall have registered their names and addresses for such purpose with the Township Clerk; provided, however, that failure to forward any such notice or notices shall not invalidate any such ordinance if otherwise adopted in the manner prescribed by law.
As provided by law, in the event of a protest against any proposed change (referred to in § 330-36 of this chapter) signed by the owners of 20% or more either of the area of the lots included in such proposed change or those immediately adjacent to the rear thereof extending 100 feet therefrom or those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of 3/4 of all the members of the Township Committee.
Applications for development within the jurisdiction of the Cinnaminson Township Planning Board or Zoning Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the appropriate Board. The applicant shall file with the Secretary of the Board at least 15 copies of the application form, checklist, and sketch plat. The applicant shall obtain necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
An application for development shall be complete for the purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee. In the event that the Board, committee, or designee does not certify the application to be complete within 45 days of the date on which the application is submitted, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:
The application lacks information indicated on the checklist adopted pursuant to this chapter and provided to the applicant; and
The Board or its committee or designee has notified the applicant, in writing, of the deficiencies of the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee or designee shall grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that it is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
Generally, except as otherwise provided for in this chapter, the Board shall hold a hearing on each application for development and on the adoption, revision, or amendment of the Master Plan.
The Board may make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or this chapter.
The officer presiding at the hearing, or such person as he may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
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 to 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 the time and to the number of witnesses.
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial, or unduly repetitious evidence.
All proceedings before the Board shall be recorded by stenographer or mechanical or electronic means. Upon the request of any interested party, the administrative officer shall cause a transcript or duplicate recording to be furnished, at the request of the party requesting same and such party's expense. The administrative officer shall maintain and keep records of the Board.
Conflicts of interest. No member of the Planning Board or the Zoning Board of Adjustment shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever such member shall disqualify himself from acting on a particular matter, he/she shall not continue to sit with the Board on the hearing of such matter, nor participate in the hearing.
With the exception of minor subdivision pursuant to N.J.S.A. 40:55D-47 (which is addressed in Subsection N below) and final subdivision pursuant to N.J.S.A. 40:55D-50, whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give public notice thereof; provided, however, that public notice shall also be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application otherwise excepted from public notice. The public notice required by this chapter shall be as follows:
Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the Township in which the applicant's land is located. Such notice shall be given by:
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation.
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.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail, return receipt requested, to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail, return receipt requested, to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail, return receipt requested, to the Commissioner of Transportation of a hearing of an application for development of property adjacent to a state highway.
Notice shall be given by personal service or certified mail, return receipt requested, to the Director of the Division of State and Regional Planning in the Department of Community Affairs 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 secretary of the appropriate Board.
Notice of hearings on applications for approval of a major subdivision or major site plan requiring public notice under this section shall be given to every public utility, cable television company, and local utility which possesses a right-of-way or easement within Cinnaminson Township and which has registered with the Township pursuant to N.J.S.A. 40:55D-12.1. Service shall occur upon such public utility, cable company, or local utility in accordance with N.J.S.A. 40:55D-12h.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
Any notice made by certified mail, return receipt requested, as hereinabove required, shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, and identification of the property proposed for development by street address, if any, or by reference by 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, upon request of the applicant, 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 N.J.S.A. 40:55D-12 and this chapter. In addition, the administrative officer shall include on the list 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 N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed an amount set forth in Chapter 265, Fees, shall be charged for such lists.
Prior to the time of the public hearing, the developer shall submit a list of such property owners to the Board together with an affidavit of service of the notice upon such property owners, with such return receipts as are available to the applicant up to the time of the hearing. The developer shall be responsible for providing the Board with satisfactory proof of service of the notice in the manner required by this chapter and the Municipal Land Use Law.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application. If it is shown that the taxes or assessments are delinquent on said property, any approval or other relief granted by the Board shall be conditioned upon payment of such taxes or assessments, including interest. No permits or licenses in furtherance of said approvals or other relief shall be issued until said taxes or assessments, including interest, have been fully paid.
Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
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 Law, N.J.S.A. 10:4-6 et seq.
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 Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
The Board shall exercise its power for the granting or denying of approval of minor and major subdivisions, general development plans, site plans, and variances pursuant to N.J.S.A. 40:55D-70 as follows:
Upon the submission of a complete application for a subdivision of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a subdivision of more than 10 lots, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for final subdivision approval, the Board shall grant or deny final approval within 45 days of the date of submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for minor site plan approval, the Board shall grant or deny approval within 45 days of the date of submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan which involves more than 10 acres of land, or more than 10 dwelling units, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application for final site plan approval, the Board shall grant or deny final approval within 45 days of the date of submission or within such further time as may be consented to by the developer.
Upon the submission of a complete application which includes a variance pursuant to N.J.S.A. 40:55D-70, the Board shall grant or deny approval of the variance within 120 days of the date of submission or such further time as may be consented to by the developer.
Any variance hereinafter granted by the Zoning Board of Adjustment, or the Planning Board, permitting erection or alteration of any structure or structures, 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 the variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the approval of the variance provided. However, in the event that such variance is approved in conjunction with a major subdivision or site plan approval, then such variance shall not expire and become null and void until three years after the preliminary approval for such site plan or subdivision is granted and any approved extension thereof, or if final approval is granted for such development, two years from the date of final approval and any approved extension thereof. The running of the period of limitation herein provided shall be tolled from the date of filing of an appeal from a decision from the Zoning Board of Adjustment or the Planning Board to a court of competent jurisdiction until the termination in any manner of such an appeal or proceeding.
Each decision of any application for development shall be set forth in writing as a resolution of the Board, which shall include the factual and legal conclusions based thereon.
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 his attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decisions available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be by the Secretary of the Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any decision.
Fees for the applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of a separate fee schedule shall be available to the public. The fees established under the existing Zoning, Subdivision and Site Plan Review Ordinances shall continue in full force and effect and shall be read in para materia with this chapter. The Township's development fee and escrow schedule shall be as set forth in Chapter 265, Fees.
Every application for development shall be accompanied by two separate checks payable to the Township of Cinnaminson, one for the application fee and the other for the escrow account, in accordance with the schedule set forth by ordinance or the rules of the Board.
In the case of applications involving more than one category of application for development, such as an application for site plan or subdivision coupled with a variance, the application fee and escrow deposit shall be the highest of the applicable fee and escrow deposit, plus 50% of all other applicable fees and deposits.
The application charge is a nonrefundable, flat fee to cover administrative expenses.
A fee shall be presented to and collected by the Secretary of Planning and/or Zoning Board. The Secretary shall render an account to the Township at the end of each calendar month. Fees shall be paid over to the Township Treasurer within two business days.
In addition to the fees set forth in this chapter, an applicant shall be responsible for reimbursing the Township for all necessary professional fees and expenses and personnel incurred and paid by the Township to process an application for development before the approving Board, including, without limitation:
Charges for reviews by professional personnel of applications and accompanying documents.
Issuance of reports by professional personnel to the approving Board related to the review of any documents submitted by the applicant.
Charges for any telephone conference or meeting requested or initiated by the applicant, his/her attorney, and/or his/her experts.
Review of preparation of easements, developer's agreements, deeds, or the like.
Preparation for and attendance at special meetings.
A special meeting shall be defined as any meeting held at the request of the applicant or approving Board which is not held during a regularly scheduled approving Board session.
All meetings, whether regular or special, shall be in compliance with the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
The preparation of resolutions memorializing action by the Board.
Costs for all transcripts.
The term "professional personnel" or "professional services," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser, certified shorthand reporter or other experts required by the approving Board who would provide professional services to ensure an application complies with the standard set forth in this chapter and other experts whose testimony is in an area testified to by any of the applicant's experts.
Each applicant, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, shall submit the appropriate sums in accordance with a schedule adopted by ordinance to be held in escrow.
The sums set forth are estimates and, during its review of an application for development, the approving Board may determine that such sums are sufficient, excessive, or insufficient, based upon the following criteria:
The presence or absence of public water and/or sewer servicing the site.
Environmental considerations, including, without limitations, geological, hydrological, and ecological factors.
Traffic impact of the proposed development.
Impact of the proposed development on existing aquifer and/or water quality.
Impact on improvements which might require off-tract or off-site contributions.
All applicants shall be required to submit escrow deposits with their application. At the time of filing its application for development, the applicant shall execute an escrow agreement containing the terms set forth herein.
In the event that the approving Board shall determine such amount is excessive, upon the prior written request of the applicant and by resolution, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by Subsection E(3) below. In the event the approving Board shall determine the amount specified is insufficient, or in the event the escrow has been depleted, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Such additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.
The administrative officer shall determine the status of all escrow accounts. Where additional funds are required, it shall be the obligation of the administrative officer to so notify the applicant of the amounts needed.
No certificates of occupancy shall be issued with respect to any approved application for development until:
All bills for reimbursable services have been received by the Township from professional personnel rendering services in connection with such application.
Payment of such bills has been approved by the Township Committee.
The applicant has reimbursed the Township for the excess of such bills over the escrowed amount otherwise herein provided for.
Payment to professionals.
The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents, and inspection of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit for any municipal, clerical, or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support, and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional of the municipality when the fees are not reimbursed or otherwise imposed on applicants or developers.
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service is performed, the hours spent to 1/4 hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if the monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvements inspections, the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspection shall be made and charged back against the replenishment of funds.
The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq., and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection escrow deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority, and the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposits or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application and construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority, or upon review and compliance with conditions of approval, or review of request for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent of a consultation with a state agency as necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge a deposit or the escrow account for any such services.
Failure to pay the amount due.
If the applicant has failed to pay any amounts due under this chapter, the Township may:
Stop construction until such amounts and penalties equal to a payment on unpaid bills of 1 1/2% per month, plus Township legal fees and collection charges necessary to collect any unpaid bills, are paid.
Deny the issuance of any construction permits or certificates of occupancy.
Deem any approval condition by the board having jurisdiction to be null and void as though the board having jurisdiction had denied such application on the date of conditional approval.
Through the board having jurisdiction, deny the application.
Should the applicant fail to pay any amount required to be paid hereunder when due, the Township shall be entitled to pursue all remedies at law or equity. Interest shall accrue at the rate of 18% per annum simple interest on all sums unpaid after the due date. The applicant shall be responsible for all attorney fees at standard rates, and all costs to collect outstanding escrow notwithstanding the fact that the fees and costs may exceed the amount owed.
In addition, no plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services, whether same be for escrows or inspection fees, have been received by the Township from professional personnel rendering services in connection with such applicant and payment has been approved by the governing body, unless the application shall have deposited with the Municipal Clerk an amount, agreed upon by the applicant and the municipal agency, likely to be sufficient to cover all reimbursable items; and upon posting, if said deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency, and, again, no zoning or building permits, certificates of occupancy or other permits shall be issued until said deficiency is satisfied.
Where a property is the subject of existing land use approvals, which have not yet been implemented and/or undertaken, and a developer and/or owner applies to any Land Use Board within the Township of Cinnaminson, for approval of a different application, or a use with different standards from that originally granted, and the Board approves the new application, then the former approvals shall be deemed to have been rescinded by the new approval, and the applicant/owner/developer shall enjoy no vested rights in the original approval.
Notwithstanding the foregoing, for projects within the redevelopment area, the governing body, at a time it considers the proposal under § 411-4(B) of the Code, shall have discretion to determine whether or not the prior approval can remain viable, notwithstanding the grant of a subsequent approval as described herein.