Article V Planning Board

Editor's Note: Original § 176-17, regarding the Zoning Board of Adjustment, was repealed 1-22-2003 by Ord. No. 2003-1. Ordinance No. 2003-1 dissolved the Zoning Board of Adjustment, as authorized pursuant to N.J.S.A. 40:55D-25(c); and also provided that all references to the "Zoning Board of Adjustment" and "Board of Adjustment," wherever they appear in this chapter, shall be deleted or changed to "Planning Board," as appropriate.

§ 176-18 Planning Board.

Establishment and membership.

A Planning Board is hereby created consisting of nine regular members and two alternate members of the following four classes:

Class I: the Mayor.

Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental 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 to be the Class II Planning Board member if there is a member of the Board of Education among the Class IV or alternate members.

Class III: a member of the governing body to be appointed by it.

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 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 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.

Class IV alternates: two other citizens of the municipality who may be appointed by the Mayor. Alternate members shall hold no other municipal office, except that one member may be a member of the Board of Education. The alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."

Alternate members shall be counted to comprise a quorum. Alternate members may participate in the discussions of all 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 is to vote, Alternate No. 1 shall vote.

For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

Terms.

The term of the member composing Class I shall correspond with his official tenure.

The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who is also a member of 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 occurs first.

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 appointment, provided that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for 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.

The terms of the alternate Class IV 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 appointment by the Mayor to serve the unexpired term of the member whose term shall become vacant. Any member, other than a Class I member, may be removed by the governing body for cause, but only after public hearing, if requested, and other requested procedural due process protection.

Officers. The Planning Board shall organize annually by selecting from among its Class IV members a Chairman and Vice Chairman. The Board shall also select a Secretary who may or may not be a Board member or municipal employee.

Attorney. There is hereby created the office of Attorney to the Planning Board. The Planning Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law in the State of New Jersey other than the Township Attorney.

Experts and staff. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.

Budget. The Township Committee, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. In any case, the Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.[1]

Editor's Note: Original § 176-18.7, Quorum, which immediately followed this subsection, was repealed at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

Rules and regulations. 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.

Powers and jurisdiction of the Planning Board. The Planning Board shall have the powers listed below in addition to other powers established by law. Since the powers and jurisdiction of the Planning Board have been delegated to and imposed upon it by the MLUL, N.J.S.A. 40:55D-1 et seq., the Planning Board shall in all cases follow the provisions applicable to it in the said statute or subsequent statutes in such case made and provided.

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 planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

Administer the subdivision and site plan review provisions of this chapter in accordance with the applicable provisions of said chapter and with applicable provisions of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).

Hear and decide conditional use applications in accordance with the applicable provisions of this chapter, pursuant to N.J.S.A. 40:55D-67.

Participate in the preparation and review of programs or plans required by state or federal law or regulation.

Assemble data on a continuing basis as part of a continuous planning process.

Annually, at the request of the Township Committee, prepare a program of municipal capital improvement projects projected over a term of six years and recommend same to the governing body.

(7)

Consider and report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.

(8)

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 and officers.

(9)

Error or refusal. Hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of the zoning provisions of this chapter.

(10)

Exceptions or interpretations. Hear and decide requests for interpretation of the Zoning Map or the zoning provisions of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any zoning provisions of this chapter or by any duly adopted Official Map.

(11)

General bulk variances.

Where a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property; b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or c) 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 to relieve such difficulties or hardship; or

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 the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements of this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in § 176-18I(12) below (N.J.S.A. 40:55D-70d) shall be granted under this subsection.

(12)

Use variance, variances from conditional use standards, and major specific bulk variances.

In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit:

A use or principal structure in a district restricted against such use or principal structure;

An expansion of a nonconforming use;

A deviation from a particular specification or standard set forth in this chapter pertaining solely to a conditional use;

[4]

An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;

[5]

An increase in the permitted density as defined in this chapter, and in N.J.S.A. 40:55D-4, 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, in which event applications would be made pursuant to § 176-18I(11) above; or

[6]

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zoning district for the principal structure.

A variance under this subsection shall be granted only by an affirmative vote of at least five members of the Board.

If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered under Subsection I(11) of this section.

(13)

General provisions.

Public good. No variance or other relief may be granted by the Board 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 the zoning provisions of this chapter.

Referrals. An application under this section may be referred by the Planning Board to any appropriate person or agency for its review and report; provided that such reference shall not extend the period of time within which the Planning Board shall act.

Conditions. The Planning Board, in granting any variance which by law it is authorized to grant, may impose such conditions, in addition to those required in this chapter, as are necessary to assure that the general purposes and intent of this chapter are met. Such conditions may include, but are not limited to, harmonious design of buildings; maintenance of a sign or sound screen; the minimizing of noxious, offensive or hazardous elements; preservation of natural features; landscaping; and the posting of performance guarantees of the nature required in this chapter to assure compliance with the requirements that will survive initial construction and the issuance of the certificates of occupancy.

Expiration. All variances shall expire within one year from the date of approval unless the owner shall have secured a construction permit and shall have commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant the variance.

Extensions. For good cause shown, and after a hearing before the Board on notice in the manner required for original variance applications, the Board may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Anything herein to the contrary notwithstanding, any variance granted with a site plan, subdivision, and/or conditional use approval shall expire with the expiration of the site plan, subdivision, and/or conditional use approval.

(f)

PDCs required for variances in regional growth area and Pinelands Village. The regional growth area of Waterford Township consists of the R1, R2, R3, R4, TC, OC, OP, PHB and the NB Districts. The Pinelands Village of Waterford Works consists of the PV District.

Any municipal variance which grants relief from the density or lot area requirements set forth in Article XI for the R1, R2, R3 or R4 District shall require that PDC be used for all dwelling units or lots in excess of that permitted without the variance.

Any municipal variance or other approval for the development of a residential use in the TC, NB, PHB, or PI Zones, excluding Block 252, Lots 1 and 26, shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R1, R2, R3 or R4 Zones shall require that the Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels over 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval that authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[4]

Any municipal variance approval which grants relief from the density or lot area requirements in the PV District for a residential or principal nonresidential use shall require that PDCs be used for all dwelling units or lots in excess of that permitted without the variance.

(g)

Airport hazard areas. 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 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.[2]

Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

(14)

Additional powers. The Planning Board shall have such other powers as prescribed by law, including, but not limited to, the following:

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainage way, flood control basin or public area as shown on the duly adopted Official Map, whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by the affirmative vote of at least five members, 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 construction permit to promote the health, morals, safety and general welfare of the public.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for a building or structure on a lot not abutting a street which is shown on the duly adopted Official Map, or which is a) an existing state, county or municipal street or highway; or b) a street shown upon a plat approved by the municipal Planning Board; or c) a street on a plat duly filed in the office of the County Recording Officer. The Board may grant such relief only when 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 fire-fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the Traffic Circulation Plan element of the municipal Master Plan.

(15)

Effective June 3, 1997, whenever the Planning Board grants subdivision or site plan approval pursuant to the provisions of N.J.S.A. 40:55D-76(b), then the Board shall ensure that any plans and plats comply with the requirements of the rules of N.J.A.C. 5:21 et seq., as latest revised, before issuing a preliminary or final approval.

(16)

To administer the historic resource preservation provisions of § 176-70.

(17)

Effective June 3, 1997, ensure that the plans and plats for any residential development subject to review pursuant to the provisions of N.J.S.A. 40:55D-37 and this chapter comply with the requirements of N.J.A.C. 5:21 et seq., as latest revised, before issuing a preliminary or final approval.

Conditional uses; site plan review.

Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, an application shall be made to the Planning Board for conditional use approval as well as required site plan and/or subdivision approval as may be necessary. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to § 176-36. Public notice and a hearing shall be required as stipulated in § 176-19C and D.

The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application to the Department of Planning and Zoning or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application.

Combination of Planning and Zoning Boards. The Planning Board shall exercise to the same extent and subject to the same restrictions, all the powers of the Zoning Board of Adjustment; but the Class I and Class III members shall not participate in the consideration of applications for development which involves relief pursuant to N.J.S.A. 40:55D-70(d).

Appeal to Planning Board.

An appeal to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning provisions of this chapter or a duly adopted Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Planning Board. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

The Planning Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.

An appeal to the Planning Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the Planning Board after the notice of appeal shall have been filed, 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 other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.

A developer may file an application for development with the Planning Board for action under any of its powers without prior application to a municipal official.

The Planning Board shall act upon any appeal or any application for development within 120 days either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application, as the case may be, or within such further time as may be consented to by the applicant, except that when an applicant elects to submit separate consecutive applications for use variance approval and site plan, subdivision or conditional use approval, the one-hundred-twenty-day time period for action shall apply to the application for approval of the use variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.

All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the section of this chapter involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.

Appeal of variance; approval for development. Any interested party may obtain a review of a final decision of the Planning Board from any court of competent jurisdiction in accordance with N.J.S.A. 40:55D-17h. An appeal in accordance with N.J.S.A. 40:55D-17a to g, inclusive, is specifically omitted from this chapter.

§ 176-19 Conduct of meetings.

Conflict of interest. No regular or alternate member of the Planning Board 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 by the Board or decision relating thereto.

Meetings.

Meetings of the Planning Board shall be scheduled at least once a month, and any meeting so scheduled shall be held unless cancelled for lack of applications or business to be handled.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full-authorized (regular and/or alternate) membership of the Board.

All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has read a verbatim transcript of the recorded minutes or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law, Chapter 231, Laws of New Jersey, 1975. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, Chapter 231, Laws of New Jersey, 1975.

Not less than five days prior to any hearing, public meeting, or other formal proceeding, at which an application for development is to be considered by the Township, notification shall be given to the Commission by certified mail to the principal office of the Commission. The notice shall be in such form as the Executive Director of the Commission shall, from time to time, specify; but at a minimum, the notice shall contain the following information:

The name and address of the applicant;

The docket number of the certificate of filing issued by the Executive Director and the date on which it was issued;

The date, time and location of the meeting, hearing, or other formal proceeding;

The name of the local permitting agency or representative thereof which will be conducting the meeting, hearing, or other formal proceeding;

Any written reports or comments received by the local permitting agency on the application for development which have not been submitted previously to the Commission; and

(f)

The purpose for which the meeting, hearing, or other formal proceeding is to be held.

Public hearings.

Subsequent to an application for development being declared complete, the Planning Board shall hold a hearing on the application for development. The Planning Board shall make rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection as least 10 days before the date of the hearing during normal business hours in the office of the Department of Planning and Zoning. The applicant may produce any documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

The officer presiding at the hearings, or such person as he may designate, shall have the 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 Investigations Law," P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence and testimony.

Public notice of a hearing.

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the approving agency in question, the applicant shall give notice thereof as set forth below.

The Clerk of the Planning Board shall notify the applicant at least 15 days 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:

Publication in an official newspaper of the Township at least 10 days prior to the hearing; and

Notification by personal service or certified mail to all owners of real property, as shown on the current tax duplicate of this or any adjoining municipality, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located, provided 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.

The property owner as shown on the current 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 the said current tax duplicate.

A partnership owner by service upon any partner.

[4]

A corporate owner by service upon its president, a vice president, secretary or other person authorized by appointment or be law to accept service on behalf of the corporation.

[5]

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.

Except for those activities not subject to Commission review under § 176-14A(2), the Commission shall be provided with notice of hearings in accordance with § 176-14G.

To the Clerk of any adjoining municipalities when the property involved is located within 200 feet of said adjoining municipality.

To the County Planning Board when an application involves 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.

(f)

To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.

(g)

To the State Planning Commission when an application involves property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to filed with the Township.

(h)

To the New Jersey Department of Community Affairs, Division of Codes and Standards, when an application includes a request for a waiver of any residential site improvement standard under N.J.A.C. 5:21 et seq., as latest revised, pursuant to N.J.S.A. 40:55D-40.4(c).

Affidavit for proof of notice. An affidavit of proof for the required notice shall be filed by the applicant with the municipal agency prior to the hearing date. It is not required that a return receipt is obtained since notice is deemed complete upon mailing (N.J.S.A. 40:55D-14); however, evidence that the required notice was mailed to the above shall be provided to the Planning Board prior to the subject public hearing.

Form of notice. Notices shall state the name and address of the applicant; the date, time and place of the hearing and the nature of the matters to be considered, including all variances and/or waivers requested by the applicant; an identification of the property proposed for development by street address, and 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 and documents for which approval is sought are available for inspection.

Additional notice requirement - substantial revisions. Any application for development being reviewed by the Planning Board, and said Board determines that substantial revisions have been made to said application subsequent to the date when it was determined to be a complete application, then the Board may require the applicant to again comply with the notice requirements specified under § 176-19D.

List of property owners. Upon written request of an applicant, the Clerk in the Department of Planning and Zoning shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged the fee set forth in § 176-20 for said list and shall be entitled to rely upon the information contained therein, and failure to give notice to any lot 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 pursuant to Subsection D(2)(b) above who own property not located within the Township.[1]

Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning 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 such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

Record of hearings.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Planning Board and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during normal business hours at the office of the Department of Planning and Zoning. 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. Such interested party shall be charged a reasonable fee for reproduction of the minutes.

A verbatim recording shall be made of every hearing on an application for development submitted to the Township. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2B:7-4. Each transcript shall be certified, in writing, by the transcriber to be accurate.[2]

Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

Decisions.

Each decision on any application for development shall be set forth, in writing, as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.

The Board shall provide the findings and conclusions through:

A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or

A memorializing resolution adopted at a meeting held no 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 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 memorializing 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 memorializing resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in § 176-19L.

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 [N.J.S.A. 40:55D-10g(2)].

Publication and mailing of decisions.

A copy of the resolution memorializing a decision shall be mailed by the Clerk of the Board, within 10 days of the date of adoption, to the applicant or, if represented, then to his attorney, without separate charge. A copy of the resolution 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 resolution shall also be filed in the office of the Department of Planning and Zoning. A copy of such filed resolution shall be 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 arranged by the Clerk of the Planning Board. A fee shall be charged pursuant to the Fee Ordinance.[3] Said notice shall be sent to the official newspaper for publication within 10 days of the date of adoption of the resolution to memorialize any such decision.

Editor's Note: See Ch. 124, Art. II, Fee Schedule.

Except for those activities not subject to Pinelands Commission review under § 176-14A(2), the Pinelands Commission shall be provided with notice of all final approvals or denials of site plans and subdivisions in accordance with § 176-14G(3).

Fees. Fees for all classifications of development applications, or for the rendering of any service by the Planning Board or any member of their administrative staff, which are 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 the separate fee schedule shall be available to the public. All fees presently established by ordinance or by resolution of the respective boards shall continue in effect.

Exceptions.

The approving agency, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards of this chapter, as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The approving agency shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further application or the approving agency being required to hold further hearings. The longest time period for action by the approving agency, whether it is for subdivision, conditional use or site plan approval, shall apply whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

Notwithstanding the aforementioned exceptions, no such exception shall apply to Pinelands application requirements or development standards nor shall it affect the Township's compliance with the standards of the Comprehensive Management Plan.