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.[1] Said transcript shall be certified, in writing, by the
transcriber to be accurate.
[1]
Editor's Note: Repealed L. 1991, c. 119.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.
A.
Public notice. Public notice of a hearing shall be given in the following
cases:
(1)
All minor subdivision applications and all applications for preliminary
approval of a major subdivision (not required for a preliminary design
assessment in the Farmland Preservation Zone).
[Amended 6-14-2004 by Ord. No. 04-06]
(2)
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.
(3)
Application for preliminary major site plan approval.
(4)
General development plan application.
B.
Public notice procedures.
(1)
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.
(2)
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:
(3)
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.
C.
Other notices required.
(1)
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.
(2)
Notice shall be given by personal service or certified mail to the
County Planning Board of hearings on applications for:
(3)
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.
(4)
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.
(5)
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.
(7)
Notice shall be given for a conditional use permit.
[Added 2-8-2002 by Ord. No. 02-3]
D.
Time for service. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing.
E.
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.
F.
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.
G.
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.
A.
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.
B.
Resolution of memorialization.
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
For all other applicants, 12 months to commence; 36 months to complete;
and one extension of 12 months to complete on basis of hardship.
A.
Application and issuance; fees.
(1)
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.
(2)
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.
(3)
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(a)
That there exists a duly established Planning Board and that
there is an ordinance controlling subdivision of land.
(b)
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.
B.
Rights of person acquiring interest in land covered by certificate.
(1)
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.
(2)
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.
