A.
The Zoning Board of Adjustment heretofore created is continued and
is hereby established pursuant to the Municipal Land Use Law as the
Board of Adjustment for the municipality. It shall consist of seven
members, who shall be appointed by the Mayor, with the advice and
consent of the governing body, for terms of four years, each computed
from January 1 of the year of their appointment, except full terms
filled for the first time under this section shall be so fixed for
four or less years and so arranged that, to the greatest practicable
extent, the expiration of all terms will be distributed evenly over
the first four years after the initial appointment.
B.
There may be appointed two alternate members in addition to the seven
regular members of the Zoning Board of Adjustment. Alternate members
shall be designated by the Mayor as Alternate No. 1 and Alternate
No. 2. The term of each alternate member shall be two years. Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote.
C.
Any vacancy on said Board occurring other than by expiration of term
shall be filled by appointment by the Mayor, with the advice and consent
of the governing body, to serve for the unexpired term of the member
whose term shall become vacant. A member may be removed by the governing
body for cause but only after public hearing and other requested procedural
due process protections.
D.
Yearly, the Zoning Board of Adjustment shall organize by selecting
from among its regular members a Chairman and Vice Chairman. The Board
shall also select a Secretary, who may or may not be a member of the
Board or a municipal employee. The Board may employ or contract for
and fix the compensation of legal counsel, other than the municipal
Attorney, and experts and other staff and services as it shall deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
E.
If the
Board of Adjustment lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chair of the
Planning Board shall make the choice.[1]
A.
General powers. The Board of Adjustment shall have the power to:
(1)
Error or refusal. Hear and decide appeals where it is alleged
by the appellant that there is error in any order, requirement or
decision or refusal made by an administrative officer based on or
made in the enforcement of the zoning provisions of this chapter.
(2)
Interpretations and special questions. Hear and decide requests
for interpretation of the Zoning Map or this chapter or for decisions
upon other special questions upon which the Board is authorized to
pass by any zoning or official map ordinance.
(3)
Variance of area and yard requirements.
(a)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
of this chapter would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the developer
of such property, grant upon an application or an appeal relating
to such property a variance from such strict application of such regulation
so as to relieve such difficulties or hardship.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from zoning ordinance requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations of this chapter; provided, however, that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this subsection; and provided, further, 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 has power to review a request for a variance pursuant to this chapter.
(4)
Variance of use regulations.
(a)
In particular cases and for special reasons, grant a variance
to allow departure from regulations pursuant to this chapter to permit:
1.
A use or principal structure in a district restricted against
such use or principal structure.
2.
An expansion of a nonconforming use.
3.
Deviation from a specification or standard pursuant to this
chapter pertaining solely to a conditional use.
4.
An increase in the permitted density, except as applied to the
required lot area for a lot or lots for detached one- or two-dwelling
unit buildings, which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision.
(b)
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Board.
B.
General provisions. No variance or other relief may be granted under
the terms of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and the purpose of the zone plan
and zoning ordinances. In respect to any airport hazard areas delineated
under the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80 et seq.,
no variance or other relief may be granted under the terms of this
section permitting the creation or establishment of a nonconforming
use which would be prohibited under the standards promulgated pursuant
to that act except upon issuance of a permit by the Commissioner of
Transportation. An application under this section may be referred
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Zoning Board of Adjustment shall act.
C.
Other powers. The Zoning Board of Adjustment shall have such other
powers as described by law, including but not limited to the following:
(1)
Direct issuance of a building permit for the construction of
a building or structure within the bed of a mapped street or public
drainageway, flood control basin or public area as shown on a duly
adopted Official Map of the municipality whenever one or more parcels
of land within said bed cannot yield a reasonable return to the owner
unless a building permit is granted. The Board may grant such relief
only by an affirmative vote of a majority of the full authorized membership
of the Zoning Board of Adjustment, ensuring that such relief will
tend to cause a minimum change of the Official Map and will not significantly
add to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the building permit
so as to promote the health, morals, safety and general welfare of
the public.
(2)
Direct issuance of a building permit for the construction of
a building or structure on a lot not abutting a street which is shown
on a duly adopted Official Map of the municipality or which is an
existing state, county or municipal street or highway; or a street
shown upon a plat approved by the municipal Planning Board; or a street
on a plat duly filed in the office of the County Recording Officer.
The Board may grant such relief only where the enforcement of the
statute requirement that a building lot abut a street would entail
practical difficulty or unnecessary hardship or where the circumstances
of the case do not require the building or structure to abut a street.
The Board shall impose requirements or conditions that will provide
adequate access for firefighting equipment, ambulances and other emergency
vehicles necessary for the protection of the health and safety and
will protect any future street layout shown on the Official Map or
on the general circulation plan element of the municipal Master Plan.
(3)
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 or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection A(4) above. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approvals shall be granted unless such approvals can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning provisions of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval and question, and the special vote pursuant to Subsection A(4) above shall not be required.
A.
Appeals to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of an officer of the municipality based on or made in the enforcement of this chapter or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the ground of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken. Public notice shall be given as required in § 550-196E.
B.
A developer may file an application for development with the Zoning
Board of Adjustment for action under any of its powers without prior
application to an officer of the municipality.
C.
The Zoning Board of Adjustment shall render a decision not later
than 120 days after the date that either an appeal is taken from the
decision of an administrative officer or a complete application for
development is submitted to the Board by a developer. 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. In the event
that the developer elects to submit separate, consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance. The period for granting or denying any subsequent
approval shall be as otherwise provided in this chapter.
A.
A Planning Board is hereby established, consisting of nine members
of the following four classes:
(2)
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 commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1, shall be deemed the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members
or alternate members.
(3)
Class III: a member of the governing body, to be appointed by
it.
(4)
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, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. A
member of the Environmental Commission 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 is among the Class IV members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
B.
The term of the member composing Class I shall correspond with his
official tenure or, if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure. The terms of the members composing
Class II and Class III shall be for one year or shall 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
Commission. The term of a Class II or Class IV member who is also
a member of the Environmental Commission shall be for three years
or shall terminate at the completion of his term of office as a member
of the Environmental Commission, whichever comes first.[2]
C.
The term of a Class IV member who is also a member of the Board of
Adjustment or the 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 comes first.
D.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such term shall be evenly distributed over the first
four years after their appointments, as determined by resolution of
the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that 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 their
terms of four years except as otherwise herein provided. All terms
shall run from January 1 of the year in which the appointment was
made.
E.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
F.
There may be appointed by the Mayor two alternate members, who shall
meet the qualifications of Class IV members of the Planning Board.
Alternate members shall be designated at the time of appointment by
the Mayor as Alternate No. 1 and Alternate No. 2. 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; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the Mayor for the unexpired
term only. No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing, if he requests
one, be removed by the governing body for cause. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
G.
The Planning Board shall elect a Chairman and Vice Chairman from
the members of Class IV and select a Secretary, who may be either
a member of the Planning Board or a municipal employee designated
by it.
H.
The Board may employ or contract for and fix the compensation of
legal counsel, other than the municipal Attorney, and experts and
other staff and services as it shall deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
I.
If the
Planning Board lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chair
of the Board of Adjustment shall make the choice.[3]
The Planning Board shall have the powers listed below in addition
to other powers established by law:
A.
Make, adopt and from time to time amend a Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relation to the Master
Plan of the Township.
B.
Administer the provisions of this chapter.
C.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
D.
Assemble data on a continuing basis as part of a continuous planning
process.
E.
Annually assist in the preparation of a program, and amendments thereto,
of municipal capital improvement projects projected over a term of
six years, and recommend same to the governing body.
F.
Consider and make report to the governing body within 35 days after
referral as to any proposed development regulation submitted to it,
and also pass upon other matters specifically referred to the Planning
Board by the governing body.
G.
The Planning Board shall have such other powers as are prescribed
by law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plans, site plans or conditional
uses:
(1)
Variances pursuant to § 550-192A(3) of this chapter.
(2)
Direction, pursuant to § 550-192C(1) of this chapter, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area.
(3)
Direction, pursuant to § 550-192C(2) of this chapter, for issuance of a permit for a building or structure on a lot not abutting a street.
H.
Exception in application of subdivision or site plan regulation and
simultaneous review and approval.
(1)
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of this chapter if the literal
enforcement of one or more of such provisions is impracticable or
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(2)
The Planning Board, when acting upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of the provisions for site
plan review and approval of this chapter if the literal enforcement
of one or more of such provisions is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
(3)
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Amended 10-20-2004 by Ord. No. 04-041; 3-16-2005 by Ord. No.
05-007]
A.
Conflicts of interest. No member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
B.
Meetings.
(1)
Meetings of both the Planning Board and 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.
(2)
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meeting shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being
present, said quorum to be the majority of the full authorized membership
of the Board.
(4)
All actions shall be taken by a majority vote of members of
the municipal agency present at the meeting, except as otherwise required
by a provision of N.J.S.A. 40:55D-1 et seq.
(5)
All regular meetings and all special meetings shall be open
to the public. Notice of all such meetings shall be given in accordance
with municipal regulations. Any executive session for the purpose
of discussing and studying any matters to come before the agency shall
not be deemed a regular or special meeting within the meaning of this
chapter.
C.
Records.
(1)
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Planning Board or the Zoning Board of Adjustment and of the persons
appearing by attorney, the action taken by the Planning or Zoning
Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available for public inspection
during the normal business hours at the office of the administrative
officer. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes.
(2)
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made by either stenographic, mechanical
or electronic means. The municipality shall furnish a transcript or
duplicate recording in lieu thereof on request to any interested party
at his expense. The municipality, in furnishing a transcript of the
proceedings to an interested party at his expense, shall not charge
such interested party more than the maximum permitted in N.J.S.A.
2B:7-4. Such transcript shall be certified in writing by the transcriber
to be accurate.[1]
D.
Public hearings.
(1)
The Planning Board or Zoning Board of Adjustment, as the case
may be, shall hold a hearing on each application for development.
Each Board shall make the rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the administrative officer. The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing, or such person as he may
designate, shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigation Law,
N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
(6)
All actions shall be taken by majority vote of the members of
the Board present at the meeting, except as otherwise required by
N.J.S.A. 40:55D-1 et seq.
(7)
A member of a Board who is absent from one or more of the meetings
at which a hearing was held shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his absence
from one or more of the meetings; provided, however, that such Board
member has available to him the transcript or recording of all of
the hearings from which he was absent and certifies in writing to
the Board that he has read such transcript or listened to such recording.
E.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for the following
applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 550-192C(1) and (2).]
(d)
Any request for preliminary site plan approval.
(e)
Any request for preliminary subdivision approval.
(g)
A request for interpretation of any zoning provision of this
chapter.
(h)
Appeals from action by the administrative officer.
(i)
Any request for a waiver of subdivision, site plan or any other
design standards.
(2)
The Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least two weeks
prior to the public hearing at which the application will be discussed.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
(a)
By publication in the official newspaper of the municipality,
if there is one, or in a newspaper of general circulation in the municipality.
(b)
To all owners of real property, as shown on the current tax
duplicate, located in the state and within 200 feet in all directions
of the property which is the subject of such hearings; provided, however,
that this requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Notice shall be
given by serving a copy thereof on the property owner, as shown on
said tax duplicate, or his agent in charge of the property, or by
mailing a copy thereof by certified mail to the property owner at
his address, as shown on said current tax duplicate. It is not required
that a return receipt be obtained. Notice is deemed complete upon
mailing.
(c)
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, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation;
notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, shall be sufficient without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas.
(d)
To the clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
(e)
To the Mercer County Planning Board when the application for
development involves property adjacent to an existing county road
or proposed road shown on the Mercer County Official Map or the Mercer
County Master Plan or adjoins other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
(3)
Upon written request of the applicant, the administrative officer shall, within seven days, make and certify a list from the current tax duplicates of the names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged a sum not to exceed $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners concerned pursuant to Subsection E(2)(b) above that do not reside within the Township.
(4)
The applicant shall file an affidavit or proof of service with
the Planning Board or Zoning Board of Adjustment, as the case may
be.
(5)
The notice shall state the date, time and place of the hearing
and the nature of the matters to be considered, and an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the municipal Tax Assessor's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.[3]
[3]
Editor's Note: Former Sec. 160-196(e)(6), regarding posting
of a sign on property which is the subject of an application, which
immediately followed this subsection, was repealed 9-17-2013 by Ord.
No. 13-031.
F.
Resolutions of memorialization. The Planning Board or the Zoning
Board of Adjustment, as the case may be, shall include findings of
fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision in writing. The Board
shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the time period
provided in N.J.S.A. 40:55D-1 et seq., for action by the Board on
the application for development; or
(2)
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the Board voted
to grant or deny approval. Only the members of the Board who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by a resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the Board and not
to be an action of the Board; however, the date of the adoption of
the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publications required by N.J.S.A. 40:55D-10.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time, and
the cost of the application, including attorneys' fees, shall be assessed
against the municipality.
[Amended 1-18-2006 by Ord. No. 06-001]
There shall be no appeals to the governing body of any decision
of the Planning Board.
A.
Any interested party may appeal to the governing body any final decision
of the Board of Adjustment approving an application for a use variance.
B.
Such appeal shall be made within 10 days after the date of publication
of the final decision by serving upon the Municipal Clerk personally,
or by certified mail, a notice of appeal specifying the grounds thereof
and the name and address of the appellant and, if represented, his
attorney. A copy of such notice shall also be filed by the appellant
with the Board of Adjustment. The notice served upon the Municipal
Clerk shall be accompanied by a payment to the municipality of a fee
of $50.[1]
C.
An appeal to the governing body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the Board of Adjustment certifies to the governing body, after
the notice of appeal has been filed with such Board, that by reason
of facts stated in the certificate a stay would, in the Board's opinion,
cause imminent peril to life or property; and in such a case, proceedings
shall not be stayed other than by order of the Superior Court on application
upon notice to such Board and on good cause shown.
D.
An appeal shall be decided by the governing body only upon the record
established before the Board of Adjustment.
E.
The appellant shall, within five days of service of the notice of
appeal, arrange for a transcript for use by the governing body and
pay a deposit of $50 or the estimated costs of such transcript, whichever
is less, or within 35 days of service of the notice of appeal, submit
a transcript as otherwise arranged to the municipal Clerk; otherwise
the governing body, on its own motion or on motion of any person entitled
to notice of the Board of Adjustment's decision, after hearing upon
at least 10 days' written notice to the appellant by the moving party,
may dismiss the appeal.
F.
Written notice of the meeting to review the record shall be given by the governing body by personal service or certified mail to the appellant; to those entitled to notice of the Board of Adjustment's decision pursuant to § 550-196; and to the Board of Adjustment, at least 10 days prior to the date of the meeting.
G.
The governing body may affirm, with or without the imposition of
conditions, reverse or remand the final decision appealed from. The
affirmative vote of a majority of the full authorized membership of
the governing body shall be necessary to reverse, remand or affirm,
with or without conditions, the decision on appeal.
Any decision of the Planning Board or Zoning Board of Adjustment,
when acting upon an application for development, any decisions of
the governing body, when acting upon an appeal, and any decision of
the administrative officer, when acting upon a waiver, shall be noticed
in the following manner:
A.
A copy of the decision shall be mailed within 10 days of the date
of decision to the applicant or, if represented, then to his attorney,
without separate charge, and to all who request a copy of the decision
for a reasonable fee.
B.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be paid for by the applicant at the time of application and shall
be published within two weeks from the date of the decision. The action
of the administrative officer will not become effective until 10 days
after the date of the publication of the notice of decision.
C.
A copy of the decision and all submitted documents of record shall
be filed with the administrative officer.
