A.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates:
(1)
Class I. The Mayor or the Mayor's designee in the absence of
the Mayor.
[Amended 2-6-2017 by Ord.
No. 2017-3185]
(2)
Class II. One of the officials of the Township other than a
member of the Township Committee 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 both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
(3)
Class III. A member of the Township Committee to be appointed
by it.
(4)
Class IV. Six other citizens of the Township to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that one member may be a member
of the Zoning Board of Adjustment or Landmarks Commission, 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 be among the Class IV or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment or Landmarks Commission
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. 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.
(5)
Alternates. The Mayor shall also appoint two alternate members
who shall meet the qualifications of Class IV members. Alternate members
shall be designated by the Mayor at the time of appointment as "Alternate
No. 1" and "Alternate No. 2."
B.
Terms.
(1)
The term of the member composing Class I shall correspond to
the Mayor's 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 term. 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 comes first.[1]
(2)
The term of a Class IV member who is also a member of the Zoning
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 occurs first.
(3)
The terms of all Class IV members first appointed pursuant to
N.J.S.A. 40:55D-23 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 as determined by resolution
of the Township Committee; 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
the term 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.
(4)
The terms of alternate members shall be 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 appointing authority
for the unexpired term only.
(5)
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.
C.
Conflicts.
(1)
No member or alternate member of the Planning Board shall be
permitted to act on any matter in which he/she has either directly
or indirectly any personal or financial interest.
(2)
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-23.1 from acting
on a matter due to a member's personal or financial interest 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. If a choice has to be made between regular members of equal
seniority, the Chairman of the Board of Adjustment shall make the
choice.
D.
Vacancies. 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.
E.
Removal. Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Township Committee for cause.
F.
Organization of Board.
(1)
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.
(2)
An Architectural Review Committee shall be selected and shall
consist of three members. The Architectural Review Committee shall
review and recommend standards and guidelines for all new building
structures or alterations to existing structures receiving site plan
approval.
(3)
The Planning Board shall select three members to serve on the
Minor Subdivision Review Committee. The Minor Subdivision Review Committee
shall review and act upon all minor subdivisions that do not require
any variances.
G.
Planning Board Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Township Attorney.
H.
Expenses, experts and staff. The Township Committee shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board. The Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Planning Board shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the Township Committee for its
use.
I.
Powers and duties. The Planning 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
The Planning Board shall have the following powers and duties:
(1)
To prepare, and after public hearing, adopt or amend a master
plan or component parts thereof, to guide the use of lands within
the Township in a manner which protects public health and safety and
promotes the general welfare, in accordance with the provisions of
N.J.S.A. 40:55D-28 and to prepare and adopt a Reexamination Report
of the Master Plan and Zoning and Land Development Regulations in
accordance with the provisions of N.J.S.A. 40:55D-89.
(2)
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
59.
(3)
To grant exceptions from certain requirements for subdivision
and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4)
To approve conditional use applications in accordance with the
provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5)
To consider and make 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-26(a). The report
shall include identification of any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
master plan and recommendations concerning these inconsistencies and
any other matters as the Board deems appropriate. The Township Committee,
when considering the adoption of a development regulation, revision
or amendment thereto, shall review the report of the Planning Board
and may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reasons for not following such recommendation. Failure of the
Planning Board to transmit its report within the thirty-five-day period
provided herein shall relieve the Township Committee from the requirements
of this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board. Nothing
in this section shall be construed as diminishing the application
of the provisions of N.J.S.A. 40:55D-32 to any Official Map or an
amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning
ordinance or any amendment or revision thereto.
(6)
To participate in the preparation and review of programs or
plans required by state or federal law or regulations.
(7)
To assemble data on a continuing basis as part of a continuing
planning process.
(8)
To annually review municipal capital improvement projects over
a term of six years, and amendments thereto, and recommend same to
the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-29.
(9)
Variances and building permits.
(a)
When reviewing applications for approval of subdivision plats,
site plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
[1]
Variances pursuant to N.J.S.A. 40:55D-70(c).
[2]
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit
for building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
[3]
Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit
for a building or structure not related to a street.
(b)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be.
(c)
Any variance hereafter granted by the Planning Board permitting
the erection or alteration of any structure or structures shall expire
by limitation unless such construction or alteration has been actually
commenced on each and every structure permitted by said variance,
or unless such development has actually been commenced within 12 months
from the date of publication of the notice of the judgement or determination
of the Planning Board; except, however, that the running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Planning Board to a court of competent
jurisdiction, until the termination in any manner of such proceeding.
The Planning Board may, for good cause, extend the time period for
a period not to exceed six months. In no case shall the Board grant
more than two such extensions. Where subdivision or site plan approval
is required, the period of time for commencement of the development
specified by the Planning Board shall be the same as the period of
time for which other rights are conferred upon the applicant by such
subdivision or site plan approval pursuant to the provisions of this
chapter.
(10)
Review of capital projects pursuant to N.J.S.A. 40:55D-31.
(11)
To perform such other advisory duties as are assigned to it
by ordinance or resolution of the Township Committee for the aid and
assistance of the Township Committee or other Township bodies, agencies,
or officers.
(12)
The Township Committee may, by ordinance, provide for the reference
of any matters or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority hereon except for any matter under the jurisdiction of the
Board of Adjustment, whenever the Planning Board shall have made a
recommendation regarding a matter authorized by ordinance to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
J.
Environmental Commission. Whenever the Environmental Commission has
prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
K.
Simultaneous review. 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, notice of the hearing on the plat
shall include reference to the request for such conditional use.
A.
Establishment. The Zoning Board of Adjustment presently in existence
pursuant to N.J.S.A. 40:55D-69 is hereby authorized to consist of
seven regular members and four alternate members, who shall be residents
of the Township and appointed by the Township Committee.
[Amended 12-27-2007 by Ord. No. 2007-2939]
B.
Terms. The members of the Board of Adjustment shall continue until
their respective terms expire. The term of each member shall be four
years and the term of each alternate member shall be two years from
January 1 of the year of their appointment, provided that the initial
term of Alternate No. 4 appointed under the authority of P.L. 2004,
C. 105, shall be one year, and thereafter, two years.
[Amended 12-27-2007 by Ord. No. 2007-2939]
C.
Alternates.
[Amended 12-27-2007 by Ord. No. 2007-2939]
(1)
The Township Committee may appoint four alternate members who
shall be designated at the time of their appointment as "Alternate
No. 1," Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
Alternate members shall meet the same qualifications as regular members.
(2)
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 members
shall vote in the order of their numerical designations.
D.
Conflicts.
(1)
No member of the Board of Adjustment shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest. No member may hold elective office
or position under the municipality.
(2)
If the Zoning 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 Zoning Board of Adjustment.
(3)
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 Chairman of
the Planning Board shall make the choice.
E.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only, as hereinabove provided.
F.
Removal. A member may, after public hearing if he requests it, be
removed by the Township Committee for cause.
G.
Officers.
(1)
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall select a Secretary who may or may not be
a Board member or another municipal employee.
(2)
The Zoning Board shall also select three members to serve on
the Undersized Lot Subcommittee. This Subcommittee shall review all
requests for development on undersized lots. The members shall visit
the site and then make a report to the Zoning Board.
H.
Board of Adjustment Attorney. There is hereby created the office
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint, fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney,
who shall be an attorney other than the Township Attorney.
I.
Expenses, experts and staff. The Township Committee shall make provision
in its budget and appropriate funds for the expenses of the Board
of Adjustment. The Zoning Board of Adjustment may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
J.
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.
K.
Powers of the Zoning Board of Adjustment.
(1)
The Board of Adjustment shall have the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of the provisions of this chapter adopted pursuant to
N.J.S.A. 40:55D-62 through 68.
[1]
Appeals to the Board of Adjustment may be taken by an interested
party. Each appeal shall be taken within the 20 days prescribed by
N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer from
whom the appeal was taken, together with 15 copies of said notice
with the Secretary of the Board of Adjustment. Said notice of appeal
shall specify the grounds for said appeal. The officer 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.
[2]
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him 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 otherwise than by a restraining order which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
[3]
The Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or
may modify the order, requirement, decision or determination appealed
from, and make such other requirement, decision or determination as
ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
[4]
A developer may file an application for development with the
Board of Adjustment for action under any of its powers without prior
application to the administrative officer.
(b)
Hear and decide requests for interpretation of the Zoning Map
or zoning provisions of this chapter adopted pursuant to N.J.S.A.
40:55D-62 through 68, or for decisions upon other special questions
upon which such Board is authorized by this chapter to pass.
(c)
Grant, upon an application or an appeal, relief from regulations
pursuant to N.J.S.A. 40:55D-62 through 68, except those departures
enumerated in N.J.S.A. 40:55D-70d, or where the proposed development
requires 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 variance pursuant to N.J.S.A. 40:55D-47a.
[1]
The strict application of such regulation would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon the developer of a property for any of the following
reasons:
[a]
By reason of exceptional narrowness, shallowness
or shape of a specific piece of property;
[b]
By reasons of exceptional topographic conditions
or physical features uniquely affecting a specific piece of property;
[c]
By reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon; or
[2]
The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced
by a deviation from the Zoning Ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment.
(d)
Grant, upon application or appeal, in particular cases and for
special reasons, by affirmative vote of at least five members, a variance
to allow departures from regulations pursuant to N.J.S.A. 40:55D-62
through 68 to permit the following:
[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 N.J.S.A.
40:55D-67 and this chapter pertaining solely to a conditional use;
[4]
An increase in the permitted floor area ratio, as defined in § 540-203 of this chapter and N.J.S.A. 40:55D-4;
[5]
An increase in the permitted density as defined in § 540-203 of this chapter and 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;
[6]
A height of a principal structure which exceeds by 10 feet or
10% of the maximum height permitted in the district for a principal
structure.
(f)
No variance or other relief may be granted under the terms of
N.J.S.A. 40:55D-70d 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 this chapter. An
application under this section may be referred to any appropriate
person or agency, provided such reference shall not extend the period
of time within which the Board of Adjustment shall act.
(2)
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. 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 approval shall be granted unless such approval 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 regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid Subsection d of N.J.S.A. 40:55D-70 [§ 540-302K(1)(d) above] shall not be required.
(3)
The Board of Adjustment shall have the power to direct issuance
of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure
in the bed of a mapped street or public drainage way, flood control
basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
The Board of Adjustment shall not exercise the power otherwise granted
by this paragraph if the proposed development requires approval by
the Planning Board of subdivision, site plan or conditional use in
conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to this chapter and to N.J.S.A. 40:55D-60b.
(4)
The Board of Adjustment shall have the power to direct issuance
of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure
not related to a street. The Board of Adjustment shall not exercise
the power otherwise granted by this paragraph if the proposed development
requires approval by the Planning Board of a subdivision, site plan
or conditional use in conjunction with which the Planning Board has
power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c.
L.
Referral. Any application to the Zoning Board of Adjustment may be
referred by the Zoning Board to any appropriate person or agency,
including the Environmental Commission for consideration and report;
provided however, that such reference shall not exceed the time within
which the Zoning Board of Adjustment is required to act:[1]
(1)
If such reports are not received by the Zoning Board of Adjustment
within 45 days from the date or dates of such references, the Zoning
Board of Adjustment may proceed to act without further delay and without
reference to such reports should they be received after the expiration
of such forty-five-day period.
(2)
When such a report is received from the Planning Board within
45 days, the Zoning Board of Adjustment shall take no action inconsistent
therewith except by the affirmative vote of a majority of the fully
authorized membership of the Zoning Board of Adjustment.
(3)
The report of the Environmental Commission or any other person
or agency shall be advisory only.
M.
Report.
(1)
The Zoning Board of Adjustment shall, at least once a year,
review its decision on applications and appeals for variances and
prepare and adopt by resolution a report on its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for Zoning Ordinance amendment or revision, if
any.
(2)
The Zoning Board shall send copies of the report and resolution
to the Township Committee and the Planning Board.
(Planning Board, Zoning Board of Adjustment and Township Committee)
A.
Meetings.
(1)
Every Municipal Agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the Municipal Agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
(2)
The Municipal Agency may provide for special meetings, at the
call of the Chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
(3)
No action shall be taken at any meeting without a quorum being
present.
(4)
All action shall be taken by a majority vote of members of the
Municipal Agency present at the meeting except as otherwise required
by N.J.S.A. 40:55D-32, -34, -62, -63 and -17e, -26a and b and -70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for governing bodies.
(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 the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6
et seq.
(6)
An executive session for the purpose of discussing and studying
any matters deemed by the Board Attorney to be appropriate shall not
be deemed a regular or special meeting within the meaning of N.J.S.A.
40:55D-1 et seq.
B.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Municipal Agency and of the persons appearing by attorney, the
action taken by the Municipal Agency, the findings, if any, made by
it and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Administrative Officer (Planning Board or Board of Adjustment
Secretary). 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 may be charged
a reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction of the minutes for his use.
C.
Hearings.
(1)
Required hearings. The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board and Board
of Adjustment shall make rules governing the conduct of hearings before
such bodies which rules shall not be inconsistent with the provisions
of N.J.S.A. 40:55D-1 et seq. or this chapter.
(3)
Filing of documents. 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 (Planning Board
or Board of Adjustment Secretary). The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
(4)
Oaths. 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 Investigations Law,
N.J.S.A. 2A:67A-1 et seq., shall apply.
(5)
Testimony. 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.
(6)
Evidence. Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
(7)
Verbatim recording. The Municipal Agency shall provide for the
verbatim recording of the proceedings by either a stenographer or
by mechanical or electronic means. The Municipal Agency shall furnish
a transcript or duplicate recording in lieu thereof, on request to
any interested party at his expense; provided that the Township Committee
may provide by ordinance for the municipality to assume the expense
of any transcripts necessary for approval to the Township Committee
pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of
Adjustment pursuant to N.J.S.A. 40:55D-70d; up to a maximum amount
as specified by the ordinance.
(8)
Transcript charge. The Municipal Agency, in furnishing a transcript
of the proceeding to an interested party at his expense, shall not
charge such interested party more than the maximum permitted in N.J.S.A.
2B:7-1 et seq. Said transcript shall be certified in writing by the
transcriber to be accurate.
(9)
Voting eligibility. A member or alternate member of a municipal
agency who was absent for 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 or her absence from one or more
of the meetings; provided, however, that such board member or alternate
member has available to him or her the transcript or recordings of
all of the hearing from which he or she was absent, and certifies
in writing to the Municipal Agency that he or she has read such transcript
or listened to such recording.
D.
Notice requirements for hearing. Whenever public notice of a hearing
is required on an application for development, the applicant shall
give notice thereof at least 10 days prior to the date of the hearing
in accordance with the following:
(1)
Public notice of a hearing on an application for development
shall be given for all of the following:
(a)
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(b)
Directive for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36.
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d)
Preliminary major subdivision plats.
(e)
Minor site plans.
(f)
Preliminary major site plans.
(2)
Public notice shall be given by publication in the official
newspaper of the Township, if there be one, or in a newspaper of general
circulation in the Township.
(3)
Notice of a hearing requiring public notice pursuant to § 540-303D(1) shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions 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.
(a)
Notice shall be given by: serving a copy thereof on the owner
as shown on the said current tax duplicate or his agent in charge
of the property; or (2) mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate. A return receipt is not required.
(b)
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)
Notice of hearing requiring public notice pursuant to § 540-303D(6) shall be given to registered public entities and cable television companies in accordance with Subsection D(8) of this section.
(4)
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 § 540-303D(3) of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice shall be given by personal service or certified mail
to the County Planning Board of a hearing on all applications for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(6)
Notice shall be given by personal service or certified mail
to the Commissioner of the New Jersey Department of Transportation
of a hearing on any application for development of property adjacent
to a state highway.
(7)
Notice shall be given by personal service or certified mail
to the State Planning Commission of any 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 Administrative Officer pursuant to N.J.S.A.
40:55D-10b.
(8)
Notice to public utilities.
(a)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to N.J.S.A. 40:55D-12 shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with Subsection D(8)(b), below, by: serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(b)
Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection D(8)(a) above and N.J.S.A. 40:55D-12h shall register with the Township if the public utility, cable television company or local utility has a right-of-way or easement in the Township. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
(c)
The Tax Assessor shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to Subsection D(8)(b) of this section. The registration form shall include the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection D(8)(a) above. The information contained therein shall be made available to the applicant, as provided in N.J.S.A. 40:55D-12c.
(9)
The applicant shall file an affidavit of proof of service with the Municipal Agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and § 540-303D of this chapter.
(10)
Any notice made by certified mail as hereinabove required shall
be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
(11)
Form of notice. All notices required to be given pursuant to
the terms of this chapter shall state the date, time and place of
the hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
(13)
List of property owners furnished. Upon written request the Administrative Officer (Tax Assessor) shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 540-303D(3) of this chapter. In addition, the Tax Assessor shall include on the list of names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A fee of $0.25 per name, or $10, whichever is greater, shall be charged for such list.
E.
Decisions. Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon.
(1)
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable
time period for taking action on the application for development;
or
(b)
A resolution adopted at a meeting held not later than 45 days
after the date of the meeting at which action to grant or deny approval
was taken memorializing said action.
(c)
Where the agency fails to adopt a resolution, any interested
party may apply to Superior Court in a summary manner for an order
compelling the agency to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
(2)
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion to approve an application pursuant to § 540-303A(4) of this chapter, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the
action taken shall be eligible to vote on the resolution.
(3)
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization
of the action of the agency and not to be an action of the agency.
(b)
The vote of a majority of those eligible members who are present
at the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings, and
publications required.
(4)
Copies of the decision shall be distributed by the Administrative
Officer (Planning Board or Board of Adjustment Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision
to the applicant, or if represented, then to his attorney, without
separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer
and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a
reasonable fee in an amount sufficient to cover the cost of such copy.
(5)
A brief notice of the decision shall be published in the official
newspaper(s) of the Township.
(a)
Such publication shall be arranged and proof of publication
shall be obtained by the Administrative Officer (Planning Board or
Board of Adjustment Secretary). Nothing herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The period of time in which an appeal of the decision
may be made shall run from the first publication of the notice whether
arranged by the Township or the applicant.
(b)
Such notice shall be published within 30 days of the date of
decision, or 20 days of the date of mailing of a copy of the decision
by the Administrative Officer (Planning Board or Board of Adjustment
Secretary), whichever is later, or within such other appropriate period
as may be determined by the Municipal Agency at the time of decision.
(c)
Failure to publish as herein required shall render any approvals
null and void.
F.
Conditional approvals.
(1)
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Municipal Agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and, if such application for development complies with
the provisions of this chapter, the Municipal Agency shall approve
such application conditioned on removal of such legal barrier to development.
(2)
In the event that development proposed by an application for
development requires an approval of a governmental agency other than
the Municipal Agency, the Municipal Agency shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency; provided that the Municipal Agency shall make a decision on
any application for development within the time period provided in
this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension
of such period as has been agreed to by the applicant unless the Municipal
Agency is prevented or relieved from so acting by the operation of
law.
(3)
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the
Municipal Agency shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period.
(4)
The Municipal Agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.
(5)
In all cases, the Municipal Agency shall include a condition
of approval setting forth the time within which all conditions of
approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the Municipal Agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.
G.
Tolling of running of period of approval. In the event that, during
the period of approval heretofore or hereafter granted to an application
for development, 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 other party to protect the public health
and welfare or by a directive or order issued 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 shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
H.
Payment of taxes. 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 municipality will be adequately
protected.
I.
Time for decision. After the date an appeal is taken from the decision
of a Municipal Officer or the submission of a complete application
for development to the Administrative Officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one type of application is involved, the longer time
period shall apply.
|
Type of Application
|
Time Period
(days)
| ||
|---|---|---|---|
|
Site plans:
| |||
|
Minor
|
45
| ||
|
Preliminary approval (10 acres or less, 10 units or less)
|
45
| ||
|
Preliminary approval (more than 10 acres or 10 units)
|
95
| ||
|
Final approval
|
45
| ||
|
Subdivisions:
| |||
|
Minor
|
45
| ||
|
Preliminary approval (10 lots or less)
|
45
| ||
|
Preliminary approval (more than 10 lots)
|
95
| ||
|
Final approval
|
45
| ||
|
Conditional use authorization
|
95
| ||
|
Variance
|
120
| ||
|
Appeal from the decision of a municipal officer (N.J.S.A. 40:55D-72)
|
20
| ||
|
Direction for issuance of a building permit (N.J.S.A. 40:55D-34;
N.J.S.A. 40:55D-35)
|
120
| ||
J.
Separation of applications. A developer whose proposed development requires a use variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection I above.
K.
Notice requirement for hearing regarding a change of zoning designation.
At least 10 days prior to the hearing date, a notice of the public
hearing at which a request for a change of zoning designation is to
be heard shall be given by the applicant to the owners of all real
property, as shown on the current tax duplicate, located within the
area for which the change of zoning designation is requested and to
all owners of real property within 200 feet of the area for which
the change of zoning designation is requested. Where the change of
zoning designation is related to the designation of an historic landmark
or historic district, only those owners of real property within the
area for which the change of zoning designation is requested shall
be noticed.
(1)
The notice shall state the date, time and place of the hearing,
shall describe the area for which the change of zoning designation
is requested and shall include a map showing the area, clearly delineating
the streets included and the boundary of the area, and shall, include
a statement of the current zoning and the proposed zoning.
(2)
A sign stating that a change of zoning designation is requested
shall be erected on the property that is the subject of the request.
(3)
The applicant shall file an affidavit of proof of service with
the Township Clerk certifying that proper notice in accordance with
the requirement of this chapter has been given.
(4)
Nothing in this subsection shall be construed to reduce or limit
the public notice required by law. Notice under this chapter shall
be given in addition to that otherwise required.
(5)
Where the change of zoning designation is initiated by the Township
or any one of its agencies, the Township shall be required to provide
notice as required herein for areas of up to 100 acres. The Township
shall not be required to give notice for areas in excess of 100 acres
or where the change of zoning designation is part of a general adoption,
readoption or revision of the Planning and Development Regulations
Ordinance.
(6)
The Township shall not be required to post any signs on any
property for which it has initiated the change of zoning designation.
A.
Development permit.
(1)
Development permits shall hereafter be secured from the Administrative
Officer prior to:
(b)
Application for and/or issuance of any building permit.
(c)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure.
(d)
Application for and/or issuance of any permit for a new or expanded
or relocated sign.
(e)
Application for and/or issuance of any permit for erection of
a fence in conjunction with any non-farm use.
(f)
Any change in use or occupancy (as herein defined) of any building,
structure or land.
(g)
Any alteration exceeding 5,000 square feet in the natural condition
of any undeveloped parcel of land, including but not limited to the
alteration of drainage patterns, removal of soil, regrading, and removal
of trees and ground cover; provided, however, that such alterations
located on and necessary to the operation of a farm as defined in
this chapter shall not require a development permit.
(h)
Any use of any portion of any parcel of land for any activity
regulated by this chapter.
(i)
The construction of any site improvement either above or below
ground.
(j)
The issuance of any certificate of occupancy where no building
permit was previously required.
(k)
The excavation, removal, or addition of soil or fill to or from
any site exceeding 10 cubic yards.
(2)
Prior to issuance of a development permit, the applicant shall
have, where applicable, secured other required permits including,
but not limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of
Environmental Protection.
(d)
Coastal Area Facilities Review Act (CAFRA) Permit from the New
Jersey Department of Environmental Protection.
(e)
Freshwater wetlands permit from the New Jersey Department of
Environmental Protection.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection.
(g)
Waterfront development permit from the New Jersey Department
of Environmental Protection.
(h)
Required permits from the U.S. Army Corps of Engineers and U.S.
Coast Guard.
(i)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection.
(j)
Land disturbance permit from the Freehold Area Soil Conservation
District.
(k)
Floodplain encroachment permit from the Township of Middletown.
(l)
A certificate of appropriateness on some other form of favorable report from the Landmarks Commission pursuant to § 540-944 of this chapter.
(m)
Approval from the Township of Middletown Sewerage Authority.
(3)
Prior to the issuance of a development permit, the applicant
shall have secured all approvals required by this chapter and shall
have met any and all conditions of any Municipal Agency approval.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee, or any other
person interested in any land which forms part of a subdivision, or
which formed part of such a subdivision three years preceding the
effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing
to the Administrative Officer for issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name and the owner thereof.
(2)
The Administrative Officer (Township Planner) shall make and
issue such certificate within 15 days after the receipt of such written
application and the fees therefor. 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 of his office.
(3)
Each such certificate shall be designated as "Certificate as
to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Township a duly established Planning
Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(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 the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
by N.J.S.A. 40:55D-1 et seq.
(4)
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee 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 by him to the municipality.
(5)
Any person who shall acquire for a valuable consideration an
interest in the lands covered by such certificates 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 Township pursuant to the provisions
of N.J.S.A. 40:55D-55.
(6)
If the Administrative Officer designated to issue any such certificate
fails to issue the same within 15 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 pursuant to N.J.S.A. 40:55D-55.
(7)
Any such application addressed to the Township Clerk shall be
deemed to be addressed to the proper designated officer and the Township
shall be bound thereby to the same extent as though the same was addressed
to the designated official.
C.
Construction permit.
(1)
No construction permit shall be issued unless the applicant
shall have first secured a development permit.
(2)
No building or structure shall be erected, added to, or structurally
altered until a permit thereon has been issued by the Construction
Official. All applications for such permits shall be in accordance
with the requirements of the New Jersey State Uniform Construction
Code. (N.J.A.C. 5:23-2.14)
(3)
For each new principal building, it shall be a condition of
the construction permit that an as-built survey shall be submitted
to the Construction Official upon construction of the footing for
the building. The survey shall include a certification that the location
and first floor elevation comply with the development approvals. Construction
on the structure shall be suspended until the Construction Official
determines that the location and first floor elevation comply with
the development approvals. This determination shall be made within
three working days of the submission. The Construction Official may
require at his discretion that this requirement be satisfied for structures
other than new principal buildings where there is uncertainty as to
compliance with the development approvals.
D.
Certificate of occupancy.
(1)
Development permit required. No certificate of occupancy shall
be issued for the use of any building, structure or land unless a
development permit shall have first been issued for the use of such
building, structure, or land.
(2)
New uses.
(a)
No building, structure or land shall be occupied or used until
such time as a certificate of occupancy is issued by the Construction
Official.
(b)
Such certificates shall be issued upon application by the owner,
prospective occupant, or purchaser only after the Construction Official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the Uniform Construction Code and other codes and ordinances
affecting construction and occupancy. Certificates of occupancy for
any structures built or occupied as a result of site plan, subdivision
or variance approval shall not be issued without verification from
the Department of Planning and Development and the Township Engineer
that all conditions of approval have been satisfied.
(c)
A temporary certificate of occupancy may be issued for a specified
length of time pursuant to the provisions of this chapter for any
structure or use for which site plan approval has been secured, but
not all conditions of approval have been complied with. Any work not
completed shall be bonded for or secured by a cash deposit, prior
to issuance of a temporary certificate of occupancy.
(3)
Existing uses at the time of passage of this chapter or any amendments thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the chapter or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Administrative Officer (Zoning Officer) within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by a fee as established in § 540-313 of this chapter. A denial by the Administrative Officer (Zoning Officer) shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et al.
(4)
Change of use. Whenever there occurs a change in the occupancy
or use (as herein defined) of a nonresidential building, structure
or land, a new certificate of occupancy shall be applied for, to ensure
compliance with all applicable codes and ordinances. The Zoning Officer
may determine that such change in occupancy or use is not a "change
in use" as herein defined and determines, therefore, that a development
permit is not required provided that the applicant has met the requirements
of the applicable regulations.
(5)
Scope of certificate of occupancy. The certificate of occupancy
shall contain sufficient information as to the extent and kind of
use or uses, such that any future investigation of the premises would
disclose the extent to which a use was altered. It shall also indicate
whether such use is a permitted or nonconforming use and the extent
to which the use does not conform to the provisions of this chapter.
(6)
Improvement required. No permanent certificate of occupancy
shall be issued until all required improvements have been installed
in accordance with the provisions of this chapter. A temporary certificate
of occupancy may be issued to permit occupancy for a period not to
exceed one year. If at the end of that period the required improvements
have not been completed, the occupancy permit becomes null and void
and the owner may be subject to the penalties herein defined by this
chapter.
(7)
Special obligations of condominium and cluster subdivision homeowners.
For individual properties which have an interest in lands held in
common by a homeowners' or condominium association or similar entity,
no certificate of occupancy shall be issued for a change in ownership
until a deed conveyance including language acknowledging the individual
property owner's obligation for ownership and maintenance of these
common lands and/or improvements to be held in common and for membership
in the particular association is submitted and approved by the Township
of Middletown.
E.
Soil erosion and sediment control plan certification. Where required,
a Soil Erosion and Sediment Control Plan Certification shall be obtained
from the Freehold Area Soil Conservation District prior to subdivision
or the erection of any structure or the alteration of the existing
grade on any lot. No such certification shall be valid until a development
permit shall have first been issued for the subdivision, building,
structure or use.
A.
It shall be the duty of the Zoning Officer to keep a record of all
applications, all actions of the municipal agencies, all complaints,
all violations noted and a record of any action taken thereon and
all development permits issued together with a notation of all special
conditions involved. He shall file and safely keep all copies of all
plans submitted, and the same shall form a part of the records of
his office and shall be available for the use of the Township Committee
and of other officials of the Township.
B.
The Zoning Officer shall prepare a monthly report for the Township
Committee, summarizing for a period since his last previous report
all development permits issued and all complaints of violations and
the action taken by him or her consequent thereon. A copy of each
such report shall be filed with the Township Administrator, Tax Assessor,
Planning Board, Zoning Board of Adjustment, Code Enforcement Officer,
Construction Official and Engineer at the same time it is filed with
the Township Committee.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Administrative Officer (Zoning
Officer), who shall have such powers as are conferred by this chapter
and as reasonably may be implied. The Administrative Officer (Zoning
Officer) shall be appointed by the Township Committee. In no case
shall a development permit be granted for a subdivision or the construction
of or alteration of any building or site where the proposed construction,
alteration or use thereof would be in violation of any provisions
of this chapter. It shall be the duty of the Administrative Officer
(Zoning Officer), to cause any building, plans or premises to be inspected
or examined and to order in writing the remedying of any conditions
found to exist in violation of this chapter, and the Officer shall
have the right to enter any buildings or premises during the daytime,
or other normal business hours of the premises, in the course of performing
these duties.
In the application and interpretation of this chapter, all provisions
hereof shall be held to be minimum standards or requirements adopted
for the promotion of the public health, safety, convenience, and general
welfare of the Township. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive of those imposing
the higher standard shall govern.
Chapters 16, 16B, 24, 26, and 29-1 through 29-24A, inclusive, and Sections 29-25 through 20-31, inclusive, of the Revised General Ordinances of the Township of Middletown, 1975, and Ordinance No. 1288 are hereby repealed in their entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided by § 540-501 and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance. (These Planning and Development Regulations were adopted June 13, 1994, by Ordinance No. 94-2378.)
A.
For any and every violation of the provisions of this chapter, the
applicant, subdivider, developer, owner, general agent or contractor
of a building or premises where such violation has been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violations have been committed or shall
exist, and the owner, general agent, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, and shall for each and every
day that such violation continues, be subject to the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not to exceed 90 days; or
by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days, or any combination thereof in the discretion
of the Municipal Court Judge. Whenever a fine is to be imposed in
an amount greater than $1,250 for violations of housing or zoning
codes, the owner shall be provided a thirty-day period during which
the owner shall be afforded the opportunity to cure or abate the condition
and shall be afforded the opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the court has determined that the abatement has
not been substantially completed. [N.J.S.A. 40:49-5; Ord. No. 2006-2876]
B.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this chapter pursuant to N.J.S.A.
40:55D-1 et seq., such person shall be subject to a penalty not to
exceed $1,000 and each lot disposition so made may be deemed a separate
violation.
(2)
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
C.
If, after final approval, it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
Municipal Agency or the Township Committee may, in addition to such
other sanctions as are available in the law, revoke the approval of
any plat and proceed as if final approval had not been obtained.
D.
If the developer or agent of the developer shall, after notification by certified mail from the Township Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Township Engineer; then any such developer or agent of such developer shall be subject to the penalty stated in Subsection A above. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.
All amendments to this chapter and to the Zoning Map and schedule,
which form a part hereof, shall be adopted in accordance with the
provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
The Map and Schedule of Area, Yard and Building Requirements may be
amended and supplemented by description and reference thereto, without
republication of the entire map or detailed text of the schedule.
A.
After the effective date of the ordinance adopting this chapter,
all new applications for development shall be subject to the provisions
of this chapter. Within 45 days of submission of any application for
development, the Administrative Officer (Planning Director) shall
notify the developer in writing if an application for development
is found to be incomplete or it shall be deemed to be properly submitted
and constitute a complete application 45 days after the submission.
If a developer is notified that an application for development is
incomplete, the Administrative Officer (Planning Director) shall further
notify the developer within 45 days of submission of all the additional
plans and supporting documentation requested if an application for
development is still found to be incomplete or it shall be deemed
to be properly submitted and constitute a complete application 45
days after submission of all the additional plans and supporting documentation
requested.
B.
All applications for development filed prior to the effective date
of this chapter may be continued, subject to the following:
(1)
The time limits for approval by the Municipal Agency set forth within this chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2)
If the developer does not notify the Municipal Agency that he
desires the application for development to be considered within the
time limits set forth in this chapter, such application for development
shall be processed and acted upon pursuant to the procedures heretofore
in effect at the time of such application.
(3)
All approvals granted after the effective date of this chapter
shall confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter, and any amendments thereto, the
Township Clerk shall file a copy of this chapter and any amendments
thereto with the Monmouth County Planning Board as required by N.J.S.A.
40:55D-16. Any Zoning Ordinance or amendment or revision thereto which
in whole or in part is inconsistent with or not designed to effectuate
the land use plan element of the Master Plan shall not take effect
until a copy of the resolution required by N.J.S.A. 40:55D-62 shall
be filed with the Monmouth County Planning Board.
[Amended 5-8-1995 by Ord.
No. 95-2406; 11-17-1997 by Ord. No. 97-2495; 10-19-1998 by Ord. No. 98-2529; 1-17-2001 by Ord. No. 2001-2610; 4-17-2006 by Ord. No.
2006-2869; 3-16-2009 by Ord. No. 2009-2953; 3-18-2019 by Ord. No. 2019-3250]
Fees for applications or for the rendering of any services by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs shall be as provided herein. Projects determined and defined as exempt development shall follow the fee schedules herein for applications, including but not limited to fees for the rendering of any services by the Township Engineer under applicable sections of Chapter 240 of the Township Code.
A.
Nonrefundable application fees. The developer shall, at the time of filing any application for development, any application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change and/or any request for amendment of the Master Plan, pay the following nonrefundable fees to the Township, by corporate check, attorney escrow check, certified check, bank money order, or if under $1,000 by personal check, except that any application, in which low- to moderate-income dwelling units are to be constructed within the development, may not have to pay fees for the low- and moderate-income dwelling units. All other fees shall apply. The nonrefundable fees set forth in Subsection A are to cover administrative expenses. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a fee equal to the sum of the fees for each element. An application will not be considered complete until all required fees are paid, or waivers from same are obtained.
(1)
(2)
Site plan.
(a)
Informal review: $100.
(b)
Minor site plan, amended minor site plan: $600.
(c)
(d)
Final major site plan, amended final major site plan: 50% of
the preliminary site plan fee, if filed separately; 25% of the preliminary
site plan fee if filed with the preliminary.
(e)
Request for extension of time: $250.
(3)
Planned development.
(a)
General development plan (GDP): $100, plus $10 per dwelling
unit and $0.10 per square foot of nonresidential gross floor area.
(b)
Preliminary plat, amended preliminary plat:
[3]
Proposals containing a mixture of uses shall have a total fee
equal to the sum of the applicable portions of the fee schedule. Any
changes to a plan during its review for either tentative or final
approval resulting in more dwelling units or greater areas for nonresidential
uses shall require the submission of additional fees computed from
the preceding schedule.
(c)
Final plat, amended final plat: 50% of the preliminary fee.
(d)
Request for extension of time: $250.
(4)
Variances.
(a)
Hear and decide appeals (N.J.S.A. 40:55D-70a): $250.
(b)
Interpretations (N.J.S.A. 40:55D-70b): $250.
(c)
Pursuant to N.J.S.A. 40:55D-70c, "c" variance: $100 each in
conjunction with site plan or subdivision approval; $250 for one variance
without site plan or subdivision approval, plus $75 for each additional
variance.
(e)
Building permit in conflict with the Official Map or building
permit for a lot not related to a street: $250.
(f)
Request for extension of time: $250.
(5)
Other.
(a)
Conditional use approval: $350.
(b)
Application or permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35:
$250.
(c)
Request for Master Plan amendment: $500.
(d)
Subdivision approval certificate: $50 per certificate.
(e)
Certificate of nonconformity (N.J.S.A. 40:55D-68): $100 per
certificate.
(f)
Application for development permit: $50 per permit.
(6)
Preparation by the authorized officials of the list of property
owners to be served with notice: $0.25 per name or $10, whichever
is greater, shall be charged for each list.
(7)
GIS update fees on certain development applications shall be
payable by corporate check, attorney escrow check, certified check,
bank money order, or if under $500, by personal check.
(a)
Subdivision: minor, amended minor: $150.
(b)
Subdivision: preliminary major, amended preliminary major: $500,
plus $15 per lot.
(c)
Subdivision: final plat, amended final: $500.
(d)
Site plan: minor, amended minor: $250. It is noted that when
a minor site plan application involves more than one tenant on one
lot, the GIS update fee shall be based on the square footage of gross
floor area devoted to each tenant's use.
(e)
Site plan: residential preliminary major, amended preliminary:
$500, plus $5 per unit for one to 11 units; $4 per unit for 12 to
100 units; and $2 per unit over 100 units.
(f)
Site plan: nonresidential preliminary major, amended preliminary:
$500, plus $0.05 per square foot for zero to 2,500 square feet; $0.04
per square foot for 2,501 to 20,000 square feet; and $0.005 over 20,000
square feet. It is noted that when a nonresidential preliminary major
or amended preliminary site plan application involves more than one
tenant, the GIS update fee shall be based on the square footage of
gross floor area devoted to each tenant's use.
(g)
Site plan: final major, amended final major: 50% of the preliminary
site plan GIS update fee if filed separately; 25% of the preliminary
site plan GIS update fee if filed with the preliminary.
(h)
Planned development: general development plan (GDP): $100, plus
$5 per dwelling unit (DU), plus $0.05 per square foot of nonresidential
gross floor area.
(i)
Planned development: residential preliminary plat, amended preliminary:
$50 per DU for one to 10 DUs, plus $7 per DU for 11 to 100 DUs, plus
$5 per DU for 101 to 500 DUs, plus $3 per DU for 501 to 1,000 DUs,
plus $2 per DU over 1,000 DUs. The minimum GIS update fee is $100.
(j)
Planned development: nonresidential preliminary plat, amended
preliminary: $50 per AC for lots to be occupied by a building or $15
per 1,000 square feet of gross floor area of all buildings, whichever
is greater, plus $10 per AC of common property or open space lands.
The minimum GIS update fee is $150.
(k)
Planned development: final plat, amended final: 50% of the preliminary
surcharge.
(l)
Conditional use: $250.
(m)
Dimensional or "c" variance: $50 for each variance in conjunction
with a site plan or subdivision; $25 for each variance without site
plan or subdivision.
(n)
Use or "d" variance: residential: $250 for one to 10 DUs and
$10 per DU over 10 DUs.
(o)
Use or "d" variance: nonresidential: $250 per AC.
(p)
In no event shall the total GIS update fee for any application
exceed $5,000.
B.
Escrow fees. The Planning Board and/or Zoning Board of Adjustment
shall require escrow deposits in accordance with the provisions of
this section. The escrow deposit is established to cover the cost
of professional services, rendered by outside consultants and/or staff
employees, including but not limited to engineering, planning, legal,
traffic, environmental, health and other expenses. The application
review and inspection charges shall be limited only to professional
charges for review of applications, review and preparation of documents
and inspections of developments under construction and review by outside
consultants when an application is beyond the scope of the expertise
of the professionals normally utilized by the municipality. The only
cost that shall be added to any such charges shall be actual out-of-pocket
expenses of any such professionals or consultants, including normal
and typical expenses incurred in processing applications and inspecting
improvements. The amount of the deposit required shall be reasonable
in regard to the scale and complexity of the development.
(1)
Subject to the provisions of Subsection B(2) herein below, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law,[1] submit the following sums to be held in escrow in accordance
with the provisions hereof:
(a)
Applicable escrows.
[1]
Subdivision.
[a]
Informal review if professional review requested:
$2,000.
[b]
Minor subdivision: $2,500, plus $25 per lot.
[c]
Preliminary major plat: $3,000, plus $150 per lot.
[d]
Final plat: $1,500, plus $25 per lot.
[e]
Amended minor, amended preliminary major and/or
amended final major subdivision plat: 75% of original fee and $150
per lot.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[f]
Request for extension of time: $500.
[2]
Site plan.
[a]
Informal review if professional review is requested:
$2,000.
[b]
Minor site plan: $1,500 minimum, plus $2.50 per
square foot of building area, or for residential uses, $250 per unit.
When no building improvements are proposed, the required escrow fee
shall be $1,000 minimum, plus $1.50 per square foot of proposed lot
improvements.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[d]
Final site plan: 75% of preliminary fee if filed
separately, or 50% if filed with preliminary.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[e]
Amended minor, amended preliminary and/or final
major site plan: 75% of original fee.
[f]
Request for extension of time: $500.
[3]
Planned development.
[a]
General development plan (GDP): $7,500, plus fees
provided below.
[b]
Preliminary residential plat: $500 per affected
acre, plus $25 per dwelling unit.
[c]
Other uses: $1,000 per affected acre being disturbed
and/or modified.
[d]
Final plat: 50% of the escrow required for a preliminary
plat.
[e]
Amended GDP, preliminary or final plat: 75% of
original fee.
[f]
Request for extension of time: $1,000.
[4]
Other.
[a]
Appeals (N.J.S.A. 40:55D-70a): $1,500.
[b]
Interpretations (N.J.S.A. 40:55D-70b): $1,500.
[c]
Pursuant to N.J.S.A. 40:55D-70c "c" variance: $500.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[d]
Use variance: $3,000.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[e]
Application or permit pursuant to N.J.S.A. 40:55D-34
and 40:55D-35: $500.
[f]
Conditional use: $1,500.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[g]
Request for master plan amendment: $3,000.
[h]
Change of use (no site improvements): $1,000.
[i]
Request for extension of time for items in this
subsection: $500.
[j]
Certificate of nonconformance (N.J.S.A. 40:55D-68):
$750.
[Amended 2-16-2010 by Ord. No. 2010-2998]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Review. Within 45 days after the filing of an application for
development with the Planning Board or Zoning Board of Adjustment,
as the case may be, the Middletown Township Planner or his/her designee,
in collaboration with the Middletown Township Engineer and in conjunction
with appropriate representatives of the staff of Middletown Township,
shall review said application for development to determine whether
the escrow amount set forth above is adequate. In conducting said
review, the following criteria shall be considered:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on existing aquifer and/or
water quality.
(3)
No application for development shall be deemed complete until
such time as the applicant shall have posted with the Township of
Middletown via corporate check, attorney escrow check, certified check,
bank money order, or personal check if under $1,000, in the amount
of the escrow deposit determined by the Planning Board and/or Zoning
Board of Adjustment to be required in accordance with the provisions
of this article.
(4)
Billing procedures; vouchers; responsibilities of Chief Financial
Officer.
(a)
The Chief Financial Officer of the Township shall make all of
the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
(b)
The Township or approving authority shall not bill the applicant, nor charge any escrow account or deposit authorized for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in Subsection B(7), nor shall a municipal professional add any such charges to his bill.
(c)
Each payment charged to the deposit for review of applications,
review and preparation of documents and inspection of improvements
shall be pursuant to a voucher from the professional, which voucher
shall identify the personnel performing the service, and for each
date the service is performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred.
(d)
All professionals shall submit vouchers to the Chief Financial
Officer of the municipality on a monthly basis in accordance with
schedules and procedures established by the Chief Financial Officer
of the Township.
(e)
If the services are provided by a Township employee, the municipal
employee shall prepare and submit to the Chief Financial Officer of
the municipality a statement containing the same information as required
on a voucher, on a monthly basis.
(f)
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the municipality
simultaneously to the applicant. The Chief Financial Officer shall
prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements
and the accumulative balance of the escrow account.
(g)
This information shall be provided on a quarterly basis, if
monthly charges are $1,000 or less or on a monthly basis if monthly
charges exceed $1,000.
(h)
If an escrow account or deposit contains insufficient funds
to enable the municipality or approving authority to perform required
application reviews or improvement inspections, the Chief Financial
Officer shall provide the applicant with a notice of the insufficient
escrow or deposit balance.
(i)
In order for work to continue on the development or the application,
the applicant shall, within a reasonable period of time, post a deposit
to the account in an amount to be agreed upon by the Township or approving
authority and the applicant. In the interim, any required health and
safety inspections shall be made and charged back against the replenishment
of funds.
(5)
The officer shall deposit all funds pending completion and review
of the development application. Said moneys shall be placed in an
interest-bearing account. In the event that a refund is to be made
to the applicant, the municipality shall refund with interest said
amount within 30 days from the date of final approval.
(6)
If, as a result of revisions to development plans and/or related
submitted materials and/or resubmissions of applications and/or other
justifiable reasons, either before or after Board approval, the escrow
deposit is either partially or totally depleted and additional escrow
deposits are deemed necessary by the Director of Planning, the applicant
shall submit the following additional escrow deposit guideline sum:
50% of the guideline sums originally applicable. The Director of Planning,
in collaboration with the Township Engineer and in conjunction with
appropriate representatives of the staff of Middletown Township, shall
review said development application to determine whether the additional
escrow sum set forth above is adequate. In conducting such review,
the Director of Planning shall consider the criteria utilized.
(7)
Actual fees and charges.
(a)
If the salary, staff support and overhead for a municipal professional
are provided by the Township, the charge shall not exceed 200% of
the sum of the products resulting from multiplying the hourly base
salary, which shall be established annually by ordinance of each of
the professionals by the number of hours spent by the professional
on review of the application for development or inspection of the
developer's improvements, as the case may be. The term "municipal
professional" shall include those professionals retained at the outset
of each calendar year to provide the additional manpower necessary
to supplement the in-house professional staff. In the case of such
outside professionals hired to provide the necessary in-house manpower,
the charge shall be the rate set forth in the resolution awarding
the contract to the professional.
(b)
For all other outside professionals and consultants, the charge
shall be at the same rate as all other work of the same nature by
the professional for the municipality when fees are not reimbursed
or otherwise imposed on applicants or developers.
(c)
The fees or charges shall be based upon the following schedules:
[1]
For outside professionals retained to supplement the in-house
manpower, the rate shall be in accordance with the resolution of the
Township Committee awarding the contract.
[2]
For all other outside consultants and professionals, the rates
shall be established by resolution of the approving authority.
[3]
For all staff and in-house professionals, the rates shall be
in accordance with the formula delineated hereinabove.
(8)
Closeout procedures.
(a)
The following closeout procedure shall apply to all deposits
and escrow accounts established under the provisions of P.L. 1975,
c. 291, and shall commence after the approving authority has granted
final approval and signed the subdivision plat or site plan, in the
case of application review escrows and deposits, or after the improvements
have been approved as provided in § 41 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows
and deposits.
(b)
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the Township and the approving authority,
and to the relevant municipal professional, that the application or
improvements, as the case may be, are completed.
(c)
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer within 30 days and shall
send a copy simultaneously to the applicant.
(d)
The Chief Financial Officer of the Township shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill.
(e)
Any balances remaining in the deposit or escrow accounts, including
interest in accordance with § 1 of P.L. 1985, c. 315 (N.J.S.A.
40:55D-53.1), shall be refunded to the developer along with the final
accounting.
(9)
Miscellaneous.
(a)
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary given the status and progress of
the application or construction.
(b)
Review fees shall be charged only in connection with an application
for development presently pending before the approving authority or
upon review of compliance with conditions of approval or review of
request for modification or amendment made by the applicant.
(c)
A professional shall not review items which are subject to approval
by any state governmental agency and not under municipal jurisdiction,
except to the extent consultation with a state agency is necessary
due to the effect of state approvals on the subdivision or site plan.
(d)
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan as required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of work and such inspections shall be reasonably based
on the approved development plans and documents.
(e)
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development
of application review or inspection of improvements, the Township
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project and the Township or approving authority shall not bill
the applicant or charge the deposit or escrow account for any such
services.
(10)
Appeal process.
(a)
An applicant shall notify in writing the governing body with
copies to the Chief Financial Officer, the approving authority and
professional whenever the applicant disputes the charges made by a
professional for services rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(b)
The governing body, or its designee, shall within a reasonable
period of time attempt to remediate any disputed charges.
(c)
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals
any charge to an escrow account or a deposit by any municipal professional
or consultant or the cost of the installation of improvements estimated
by the Municipal Engineer pursuant to Section 15 of P.L. 1991, c.
256 (N.J.S.A. 40:55D-53.4).
(d)
An applicant or his authorized agent shall submit the appeal
in writing to the Construction Board of Appeals. The applicant or
his authorized agent shall simultaneously send a copy of the appeal
to the Township Committee, approving authority and any professional
whose charge is the subject of the appeal.
(e)
An applicant shall file an appeal within 45 days from receipt
of the informational copy of the professional's voucher required herein,
except that if the professional has not supplied the applicant with
an informational copy of the voucher, then the applicant shall file
his appeal within 60 days from the receipt of the municipal statement
of activity against the deposit or escrow account required as delineated
herein above.
(f)
An applicant may file an appeal for an ongoing series of charges
by a professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(g)
The Construction Board of Appeals shall hear the appeal, render
a decision thereon and file its decision with the statement of the
reasons therefore with the municipality or approving authority not
later than 10 business days following the submission of the appeal,
unless such period of time has been extended with the consent of the
applicant.
(h)
The decision may approve, disapprove or modify the professional
charges appealed from. A copy of the decision shall be forwarded by
certified or registered mail to the applicant making the appeal, the
Township Committee, the approving authority and the professional involved
in the appeal.
(i)
Failure by the Board to hear an appeal and render and file a
decision thereon within the time limits prescribed in this subsection
shall be deemed a denial of the appeal for purposes of a complaint,
application or appeal to a court of competent jurisdiction.
(j)
The Construction Board of Appeals shall provide rules for its
procedure in accordance with this section. The Board shall have the
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence and the provisions
of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1
et seq.) shall apply.
(k)
During the pendency of any appeal, the municipality or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or release of performance
or maintenance guarantees, the issuance of construction permits or
certificates of occupancy or any other approval or permit because
an appeal has been filed or is pending under this section.
(l)
The Chief Financial Officer of the municipality may pay charges
out of the appropriate escrow account or deposit for which an appeal
has been filed.
(m)
If a charge is disallowed after payment, the Chief Financial
Officer shall reimburse the deposit or escrow account in the amount
of any such disallowed charge or refund the amount to the applicant.
(n)
If a charge is disallowed after payment to a professional or
consultant who is not an employee of the municipality, the professional
or consultant shall reimburse the municipality in the amount of any
such disallowed charge.
C.
Refundable inspection fees.
(1)
The obligor shall reimburse the Township for all reasonable
inspection costs paid to the Township Engineer for the foregoing inspection
of improvements, provided that the Township may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4. For those developments which the reasonably anticipated
fees are less than $10,000, the fee may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonable anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
deposit the remaining 50% of the reasonably anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, the fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Township Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
(2)
The Township shall make all of the payments to professionals
for services rendered to the Township for review of applications for
development, review and preparation of documents, inspection of improvements
or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq.
If the Township requires of the developer a deposit toward anticipated
Township expenses for these professional services, the deposit shall
be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The
amount of the deposit required shall be reasonable in regard to the
scale and complexity of the development. All payments charged to the
deposit shall be pursuant to vouchers from the professionals stating
the hours spent, the hourly rate and the expenses incurred. The Township
shall render a written final accounting to the developer on the uses
to which the deposit was put. Thereafter, the Township, upon written
request, shall provide copies of the vouchers to the developer. If
the salary, staff support and overhead for a professional are provided
by the Township, the charge to the deposit shall not exceed 200% of
the sum of the products resulting from multiplying: the hourly base
salary of each of the professionals by the number of hours spent by
the respective professional on review of the application for development
or the developers improvement, as the case may be. For other professionals
the charge to the deposit shall be at the same rate as all other work
of the same nature by the professional for the Township.
D.
Miscellaneous fees.
(1)
Review of environmental impact report: $500.
(2)
Application for special event permit and signage: $10.
(3)
Special fee for meetings held by the Planning Board or Zoning
Board of Adjustment at the request of the applicant: $2,500.
(4)
Tax Map revision fees. A fee of $50 plus $10 per lot or unit
shall be charged for all minor and major subdivision, residential
unit site plans or condominium or cooperative residential or commercial
development to cover the cost of revising the Township's Official
Tax Map. This fee shall be paid prior to the signing of the final
plat of a major subdivision by the Chair, Secretary of the Planning
Board and Township Engineer.
(5)
Floodplain encroachment permit application: $250.
(6)
Grading permit application for engineering review of individual
plot house location/grading plans for fill over 10 cubic yards: $250.
[Amended 2-16-2010 by Ord. No. 2010-2998]
(7)
Environmental Disturbance Fund.
(a)
There is hereby created an Environmental Disturbance Fund to
be maintained by the Township's Chief Financial Officer for the purposes
described herein.
(b)
For each square foot of gross floor area of each single-family
or two-family structure approved pursuant to a major subdivision or
major site plan, the applicant, developer or owner, as the case may
be, shall contribute the sum of $0.035 per square foot of gross floor
area of each such residential structure.
(c)
For each square foot of gross floor area of all professional,
commercial, industrial and multifamily structures, the applicant,
developer or owner, as the case may be, shall contribute the sum of
$0.05 per square foot of gross floor area of each such structure.
(d)
The monies collected pursuant to this section shall be administered
through the Environmental Disturbance Fund and shall be utilized,
at the discretion of the Township, for landscaping, shade tree planting
replacement and maintenance, and directly related activities throughout
the Township.
(e)
Fees authorized by this section shall be payable upon issuance
of building permits and shall be based upon calculations of the Township
Planner or Township Engineer, as the case may be.
(8)
Capital contribution for sidewalk construction. When contributions
for sidewalk construction are required, the fee shall be paid into
a capital reserve account for sidewalk construction prior to issuance
of a building permit and shall be based upon the following fee schedule:
[Amended 8-15-2016 by Ord. No. 2016-3176; 3-18-2019 by Ord. No. 2019-3250]
(a)
Minor subdivision: $85 per square yard.
(b)
Minor site plan: $85 per square yard.
(c)
Use variance; or undersized lot variance resulting in a new
single-family dwelling: $85 per square yard.
(d)
Major site plan or major subdivision. An amount equal to 100%
of the reasonable cost of installing sidewalks along the entire frontage
of the property where sidewalks do not exist. The amount shall be
calculated by the Township Engineer based upon typical costs at the
time, with a minimum of $85 per square yard.
(e)
In the case of an application requiring multiple approvals:
$85 per square yard.
A.
Establishment. The Landmarks Commission presently in existence is
hereby continued and pursuant to N.J.S.A. 40:55D-107 et seq. is to
consist of seven regular members of the following three classes who
shall be appointed by the Mayor and who shall be interested in and
qualified to contribute to the preservation of historic landmarks
and districts:
B.
Terms.
(1)
The term of a regular member shall be four years. All members
may be eligible for reappointment to four-year terms. Notwithstanding
any other provision herein, the term of any member common to the Landmarks
Commission and the Planning Board shall be for the term of membership
on the Planning Board and the term of any member common to the Landmarks
Commission and the Board of Adjustment shall be for the term of membership
on the Board of Adjustment.
(2)
The terms of the members first appointed pursuant to N.J.S.A.
40:55D-107 et seq. shall be so determined that to the greatest practicable
extent, the expiration of the terms shall be distributed, in the case
of regular members, evenly over the first four years after their appointment,
provided that the initial term of no regular member shall exceed four
years.
C.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled by appointment as above provided for the balance of
the unexpired term only.
D.
Removal. A member of the Landmarks Commission may, after public hearing
if he requests it, be removed by the Township Committee for cause.
E.
Organization of Commission. The Landmarks Commission shall adopt
written rules and procedures for the transaction of its business,
subject to the following:
(1)
The Commission shall elect from its members a Chairman and a
Vice Chairman.
(2)
A quorum for the transaction of all business shall be four members.
(3)
All Commission minutes and records are public records and all
Commission meetings shall comply with the Open Public Meetings Act
(N.J.S.A. 10:4-7 et seq.).
(4)
The Commission shall employ, designate or elect a Secretary
who need not be a member of the Commission. The Secretary shall keep
minutes and records of all meetings and proceedings including voting
records, attendance, resolutions, findings, determinations and decisions.
All such material shall be made public record.
(5)
Commission meetings shall be scheduled at least once every month
or as often as required to fulfill its obligations to advise the Planning
Board, Zoning Board, Township Committee or Administrative Officer.
(6)
No Commission member shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest.
F.
Township Committee liaison. A member of the Middletown Township Committee
shall be designated as liaison between the Landmarks Commission and
the Committee and shall be an ex officio member of the Landmarks Commission.
G.
Expenses, experts and staff. The Township Committee shall make provisions
in its budget and appropriate funds for the expenses of the Landmarks
Commission. The Landmarks Commission may employ, contract for, and
fix the compensation of experts and other staff and services as it
shall deem necessary. The Commission shall obtain its legal counsel
from the Township Attorney at the rate of compensation determined
by the Township Committee. Expenditures shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for the Commission's use.
H.
Powers and duties. The Landmarks Commission may adopt such rules
and regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. The Landmarks Commission shall have
the following powers and duties:
(1)
To identify and record historic buildings, structures, sites, objects, or districts, and evaluate these resources against the criteria for an historic district or historic landmark set forth in § 540-944B of this chapter. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.
(2)
To advise and assist the Planning Board in the preparation of
an historic preservation plan element of the Master Plan and regarding
the implications for preservation of historic sites of any other master
plan element and on the inclusion of historic sites in the recommended
six-year capital improvement program.
(3)
To advise the Planning Board and Zoning Board of Adjustment on applications for development which may affect historic landmarks or districts pursuant to § 540-944D.
(4)
To review all actions for issuance of permits pertaining to regulated activities and provide written reports to the Administrative Officer on the application of the Zoning Ordinance provisions concerning historic preservation pursuant to § 540-944D.
(5)
To recommend to the Township Committee sites and districts to be designated as historic landmarks or historic districts in accordance with the procedures established in § 540-314I.
(6)
To conduct research on and to nominate significant resources
to the State and National Register of Historic Places. If the Township
is certified under the state's Certified Local Government (CLG) Program,
the Commission shall, in accordance with the state's CLG Guidelines,
review and comment on all state and national register nominations
for historic resources within the Township of Middletown.
(7)
To recommend to the Planning Board guidelines for review to
be utilized in determinations of historic landmark status and for
review of projects affecting historic landmarks or improvements within
historic districts. The Planning Board may recommend modifications
of the guidelines and shall make the final decision as to their adoption.
(8)
To assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation.
(9)
To advise the Township Committee on the relative merits of proposals
involving public lands to restore, preserve and protect historical
buildings, places and structures, including the preparation of a long-range
plan, therefore securing state, federal and other grants and aid to
assist therein and monitoring such projects once underway.
(10)
To secure the voluntary assistance of the public and, within
the limits of the budget established by the Township for the Landmarks
Commission's operation, to retain consultants and experts and incur
expenses to assist the Landmarks Commission in its work.
(11)
To cooperate with local, county, state or national historic
societies, governmental bodies and organizations to maximize their
contributions to the intent and purposes of this chapter.
(12)
To request the Township Committee to seek, on its own motion
or otherwise, injunctive relief for violations of this chapter or
other actions contrary to the intent and purposes of this chapter.
(13)
To prepare and distribute a design guidelines handbook to be
utilized for application reviews and to foster appropriate rehabilitation
of landmarks and historic districts.
(14)
To advise and assist property owners and other persons and groups
including neighborhood organizations who are interested in historic
preservation.
(15)
To assist educational programs including the preparation of
publications and the placing of historic markers.
(16)
To report at least annually to the Township Committee on the
state of historic preservation in the Township and recommend measures
to improve same.
(17)
To collect and disseminate material on the importance of historic
preservation and techniques for achieving same.
(18)
To advise all municipal agencies regarding goals and techniques
of historic preservation.
(19)
To adopt and promulgate such regulations and procedures not
inconsistent with this chapter as are necessary.
I.
Recommendations for historic designation. At such time as the Landmarks
Commission chooses to recommend that the Township Committee amend
the Zoning Map to designate a building, structure, site, object or
district as a historic landmark and/or historic district, the procedures
outlined below shall be followed:
(1)
For each landmark or district, the Landmarks Commission shall prepare a report of its recommendation. For historic landmark nomination, the report shall include a black-and-white photograph, a Tax Map of the property, and a physical description and statement of the significance of the landmark pursuant to the criteria set forth in § 540-944. For historic district nomination, the report shall include a building-by-building inventory of all properties within the district, black and white photographs of all properties within the district, a property map of the district showing boundaries, and a physical description and a statement of the significance of the district pursuant to the criteria set forth in § 540-944.
(2)
The Landmarks Commission shall conduct a public hearing on its
proposed recommendations at which time interested persons shall be
entitled to present their opinions, suggestions, and objections on
the proposed recommendations for landmark or district designation.
(3)
A copy of the Landmarks Commission report shall be made available
for public inspection at least 10 days prior to the hearing.
(4)
Notice of the hearing shall be given at least 10 days prior
to the date of the hearing by publication in the official newspaper
of the Township or in a newspaper of general circulation in the Township
and by certified mail to the owners of real property within the area
being considered for designation. The notice shall state the date,
time, and place of the hearing, the nature of the matters to be considered,
identification of the property proposed for designation by street
address or by reference to lot and block numbers as shown on the current
tax duplicate in the Township Tax Assessor's Office, the significance
and consequences of such designation and the location and times at
which the Landmarks Commission report is available for public inspection.
(5)
Upon completion of its public hearing, the Landmarks Commission
shall forward its recommendation, including a copy of the report and
a copy of the minutes of the hearing to the Township Committee for
consideration. Township Committee action on recommendations for designation
of a historic landmark or district shall be subject to those procedures
and statutes which apply to the change of a zoning designation and
the adoption, revision, or amendment of any development regulation.
