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.
BOARD
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.
BUILDING
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.
CHECKLIST
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.
COAH
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.
CONSTRUCT
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°.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPABLE ACRE/DEVELOPABLE ACREAGE
Land that is not included in:
A.
Existing parks, rights-of-way of arterial and collector streets,
railways, and public utilities; or
B.
Other existing public lands and facilities.
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.
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.
LOT
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.
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.
OWNER
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.
PERSON
Includes natural person, copartnership, corporation and any
number of them.
PLAT
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.
STREET
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.
SUBDIVIDER
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.
SUBDIVISION
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.
YARD
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.
A.
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.
B.
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.
C.
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.
D.
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.
Sections
330-10 through
330-17 shall be known and may be cited as the "Establishment of Planning Board" of the Township of Cinnaminson.
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."
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.
D. To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-62.
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.
Sections
330-20 through
330-38 shall be known and may be cited as the "Establishment of Zoning Board of Adjustment" of the Township of Cinnaminson.
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.
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:
A. Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.
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.
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.
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:
(1) Serving a copy thereof on the property owner as shown on the said
current tax duplicate or his agent in charge of the property; or
(2) Mailing a copy thereof by certified mail, return receipt requested,
to the property owner at his address as shown on the said current
tax duplicate.
C. The requirement that notice be provided shall be deemed satisfied
by notice to:
(1) The condominium association in care of any unit owner whose unit
has a unit above or below it; or
(2) Horizontal property regime, in the case of any co-owner whose apartment
has an apartment above or below it.
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.
N. Minor subdivision. Notwithstanding the foregoing, notice required for minor subdivisions shall be limited to the mode set forth in Subsection
B above.
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.
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.
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 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.