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:
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.
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."
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.
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[1] which shall be used to assist the applicant and the reviewing
agency to determine whether an application is complete.
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.
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.
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.
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."
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.
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.
Land that is not included in:
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
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.
The date on which this chapter becomes operative, namely,
the date of publication (in full or by title) after final passage
and adoption.
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.
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.
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.
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.
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.[2]
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.
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.
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.
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."
The interest-bearing account in which all development fees
will be deposited pursuant to N.J.A.C. 5:93-8.15.
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.
Shall not include any part of the lot lying within a street,
road, avenue or highway.
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.
Any subdivision not classified as a minor subdivision.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Space allocated for collection and storage of source-separated
recyclable materials.
All areas of the Township of Cinnaminson designated on the
Zone Map of Cinnaminson Township as residential districts.
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.
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.
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[3] 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.
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:
Divisions of land found by the Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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.
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[4] 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.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in the Zoning Ordinance.[5]
YARD, FRONTA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line to the closest point of the principal building.
YARD MEASUREMENTSWherever in this chapter a yard of a certain width is required, the width shall be measured along the shortest straight distance from the property line to the nearest edge of the roof overhang or other part or projection of the building. Carports shall be considered part of the building, but seasonal storm vestibules or bay windows may project into the yard for not more than four feet.
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:
A.
Class I: the Mayor or the Mayor's designee in the absence of the
Mayor;
B.
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;
C.
Class III: a member of the governing body to be appointed by it;
and
D.
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.
E.
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."
A.
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.
B.
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.
C.
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.
D.
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.
E.
The terms of all Class IV members shall be for four years.
F.
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.
G.
All terms shall run from January 1 of the year in which the appointment
was made.
H.
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.
I.
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:
A.
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;
B.
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.
C.
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.
E.
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.
F.
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.
G.
To participate in the preparation and review of programs and plans
required by state or federal law or regulation.
H.
To assemble data on a continuing basis as part of a continuous planning
process.
I.
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.
J.
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.
K.
To pass upon other matters specifically referred to the Planning
Board pursuant to the provisions of N.J.S.A. 40:55D-26b.
L.
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.
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.
B.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
C.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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:
B.
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.
C.
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).
D.
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:
A.
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.
B.
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for
a building or structure not related to a street.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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,[1] 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[1] 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.
A.
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:
(1)
The application lacks information indicated on the checklist adopted
pursuant to this chapter and provided to the applicant; and
(2)
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
The officer presiding at the hearing, or such person as he may designate,
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by parties, and the provisions
of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1
et seq.) shall apply.
D.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right 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.
E.
Technical rules of evidence shall not be applicable to the hearing,
but the agency may exclude irrelevant, immaterial, or unduly repetitious
evidence.
F.
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.
G.
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:
A.
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.
B.
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:
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.[1]
[1]
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.
A.
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.
B.
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.
C.
No action shall be taken at any meeting without a quorum being present.
D.
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.
E.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
The application charge is a nonrefundable, flat fee to cover administrative
expenses.
E.
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.
A.
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:
(1)
Charges for reviews by professional personnel of applications and
accompanying documents.
(2)
Issuance of reports by professional personnel to the approving Board
related to the review of any documents submitted by the applicant.
(3)
Charges for any telephone conference or meeting requested or initiated
by the applicant, his/her attorney, and/or his/her experts.
(4)
Review of preparation of easements, developer's agreements, deeds,
or the like.
(5)
Preparation for and attendance at special meetings.
(a)
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.
(b)
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.
(6)
The preparation of resolutions memorializing action by the Board.
(7)
Costs for all transcripts.
B.
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.
C.
Escrow accounts.
(1)
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.
(2)
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:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including, without limitations,
geological, hydrological, and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or
water quality.
(e)
Impact on improvements which might require off-tract or off-site
contributions.
(3)
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.
(4)
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.
(5)
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.
D.
No certificates of occupancy shall be issued with respect to any
approved application for development until:
(1)
All bills for reimbursable services have been received by the Township
from professional personnel rendering services in connection with
such application.
(2)
Payment of such bills has been approved by the Township Committee.
(3)
The applicant has reimbursed the Township for the excess of such
bills over the escrowed amount otherwise herein provided for.
E.
Payment to professionals.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Failure to pay the amount due.
(a)
If the applicant has failed to pay any amounts due under this
chapter, the Township may:
[1]
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.
[2]
Deny the issuance of any construction permits or certificates
of occupancy.
[3]
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.
[4]
Through the board having jurisdiction, deny the application.
(b)
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.
(c)
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.
A.
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.
(1)
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.
