The Boards shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or of this chapter.
The officer presiding at the hearing or such person as he or she 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 Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right 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.
Technical rules of evidence shall not be applicable to the hearing, but the Boards may exclude irrelevant, immaterial or unduly repetitious evidence.
Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense. The cost of said transcript shall not be in excess of the limits prescribed in N.J.S.A. 2A:11-15. Said transcript shall be certified, in writing, by the transcriber to be accurate.
Editor's Note: Repealed L. 1991, c. 119. See now N.J.S.A. 2B:7-4.
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 Township Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
Public notice. Public notice of a hearing shall be given in the following cases:
Application for preliminary approval of a major subdivision (not required for a preliminary design assessment in the FPZ).
Application which requires a variance, direction for issuance of a permit, interpretation of the Zoning Map or Part VI, Zoning, appeal of order of an administrative officer of the township or conditional use.
Application for preliminary major site plan approval.
General development plan application.
Public notice procedures.
Public notice shall be given by publication in the official newspaper of the township at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the perimeter of the property which is the subject of such hearing, 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. Notice shall be given by:
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, 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, 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.
Other notices required.
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 to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to the New Jersey Municipal Land Use Law to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail to the County Planning Board of hearings on applications for:
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
Notice shall be given by personal service or certified mail 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 Township Clerk pursuant to N.J.S.A. 40:55D-10b.
Notice of hearing on Master Plan, capital improvements program or Official Map shall be given in accordance with N.J.S.A. 40:55D-13 and N.J.S.A. 40:55D-15, respectively.
Notice shall be given for a conditional use permit.
[Added 2-8-2002 by Ord. No. 02-3]
Time for service. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing.
Method of service. Any notice made by certified mail as hereinabove required shall be deemed as complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Form of notice. All required notices 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 to lot and block numbers as shown on the current tax duplicate in the Tax Assessor's office. The notice shall indicate the location and times at which any maps and documents for which approval is sought may be reviewed by the public. If the application for development includes consideration of a conditional use, the hearing notice shall include reference to the conditional use.
List of property owners furnished. Pursuant to the provision of N.J.S.A. 40:55D-12c, the Tax Assessor, within seven days after receipt of a request therefor and upon receipt of payment of a fee as outlined in Table IV-1 of Article 20, shall make and certify a list from the current tax duplicate of names and addresses of owners in the township to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall also supply to the Tax Assessor at the time of request a map showing all properties and current Tax Map information for the subject property and all properties within 200 feet of the perimeter of the subject property. The applicant 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.
Each decision on any application for development shall be set forth, in writing, as a resolution of the Board which shall include findings of fact and legal conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
Resolution of memorialization.
The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny approval or, if the meetings at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above.
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members of the Approving Board then present who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the Approving Board and not to be an action of the Approving Board.
A copy of the decision shall be mailed by the Secretary of the Board within 10 days of the date of decision to the applicant or, if represented, then to his or her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision 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.
Publication of decision. A brief notice of every decision shall be published in an official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, with separate charge to the applicant. Said notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision or date of resolution of memorialization.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment 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 either 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 township will be adequately protected. Proof that no taxes or assessments are in arrears shall be presented on forms provided by the Tax Collector.
In the event that a developer submits an application which the Planning Board or the Zoning Board of Adjustment finds it cannot approve in its submitted form due to reasonable planning, engineering or legal considerations, the Approving Board may modify the application or place reasonable conditions on the approval of the same; provided, however, that the Planning Board or Zoning Board of Adjustment shall state the reasons for the modifications and/or conditions.
In the event that a developer submits an application which requires action by other agencies or bodies, the Approving Board may process such application in accordance with this chapter, and if such application complies with all township regulations, the Approving Board may approve such application conditioned upon the receipt of the required approvals.
In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this Article shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board or the Zoning Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.
The Approving Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made for a specific period of time and indicated in the minutes of the meeting. Requests for extensions by the applicant shall be made by the applicant at the meeting or in writing prior to the meeting.
[Amended 6-12-2000 by Ord. No. 00-10]
All construction pursuant to a variance, exception or waiver granted in connection with the approval of a site plan or subdivision shall be commenced within the statutory time limit for said site plan or subdivision or any extension thereof. A variance, exception or waiver which is not part of a site plan or subdivision shall be implemented according to the following timetable, shown in Subsection A below, showing the dates and limits of approval, subject to the limitations set forth in N.J.S.A. 40:55D-21. Any variance, exception or waiver not implemented as set forth herein shall be void.
For applicants in violation of ordinances or whose application to the Zoning Board of Adjustment is caused or results from issuance of a Knowlton Township notice of violation, three months to commence; nine months to complete; one extension of up to three months to commence on basis of hardship; and one extension of up to nine months to complete on basis of hardship.
For all other applicants, 12 months to commence; 36 months to complete; and one extension of 12 months to complete on basis of hardship.
Application and issuance; fees.
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision may apply, in writing, to the administrative officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Approving Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The Administrative Officer shall make and issue such certificate within 30 days after the receipt of such written application and the fees therefor, as defined in Table IV-1 of Article 20. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in the officer's office.
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
That there exists a duly established Planning Board and that there is an ordinance controlling subdivision of land.
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
The administrative officer shall collect fees as shown in Table IV-1 of Article 20 which are not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid to the municipality.
Rights of person acquiring interest in land covered by certificate.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality.
If the administrative officer fails to issue the same within 30 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the township.