[Ord. No. 1992-1 § 2]
A. 
A Zoning Board of Adjustment is hereby created pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven regular members and two alternate members, each of whom shall be residents of the Township of Medford and be appointed by the Township Council. The members of the heretofore created Zoning Board of Adjustment are hereby reappointed to serve their respective terms. The terms of all new members appointed under this ordinance shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment; provided, however, that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.
B. 
Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in the 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 is to vote, "Alternate No. 1" shall vote.
C. 
No member of the Zoning Board of Adjustment shall hold an elective office or elective position under the municipality.
D. 
Any vacancy on said Board occurring other than by expiration of term shall be filled by appointment by the Township Council to serve for the unexpired term of the member whose term shall become vacant. A member may be removed by the Township Council for cause, but only after public hearing, if requested, and other requested procedural due process protections.
E. 
The Zoning Board of Adjustment shall organize annually by selecting from among its regular members a Chairman and Vice Chairman. The Board also shall select a Secretary who may or may not be a member of the Board or a municipal employee of the Township.
F. 
The Township Council, after giving due consideration to budget requests that may be submitted by the Zoning Board of Adjustment, shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment. In any case, the Board shall not authorize expenditures which exceed, exclusive of gifts, grants or application fees, the amount appropriated by the Township Council for its use.
G. 
The Office of Zoning Board of Adjustment Attorney is hereby created. The Board of Adjustment may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of New Jersey other than the Township Attorney.
H. 
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.
I. 
The Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendments or revisions, if any. The Zoning Board of Adjustment shall send copies of the report and resolution to the Township Council and Planning Board.
J. 
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-23b or 40:55D-23.1 and § 706.A of this ordinance 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. 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.
[Ord. No. 1992-1 § 2; Ord. No. 2001-15 § 5]
The Zoning Board of Adjustment shall have the powers listed below in addition to other powers established by law. Since the powers and jurisdiction of the Zoning Board of Adjustment have been delegated to and imposed upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Zoning Board of Adjustment shall in all cases follow the provisions applicable to it in said statute or subsequent statute(s) in such case made and provided.
A. 
Error or Refusal. Hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of the zoning provisions of this ordinance.
B. 
Exceptions or Interpretations. Hear and decide requests for interpretation of the Zoning Map or the zoning provisions of this ordinance or for decisions upon other special questions upon which the Board is authorized to pass by any zoning provisions of this ordinance or by any duly adopted Official Map.
C. 
General Bulk Variances.
1. 
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of this ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
2. 
Where, in an application or appeal relating to a specific piece of property the purposes of this ordinance would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements.
3. 
No variance from those departures enumerated in § 702.D hereinbelow (N.J.S.A. 40:55D-70[d]) shall be granted under this subsection; and provided further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 705.J of this ordinance (N.J.S.A. 40:55D-60[a]).
D. 
Use Variance, Variances From Conditional Use Standards, and Major Specific Bulk Variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this ordinance to permit:
1. 
A use or principal structure in a district restricted against such use or principal structure;
2. 
An expansion of a nonconforming use;
3. 
A deviation from a particular specification or standard set forth in this ordinance as pertaining solely to a conditional use;
4. 
An increase in the permitted floor area ratio as defined in this ordinance and in N.J.S.A. 40:55D-4;
5. 
An increase in the permitted density as defined in this ordinance, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to § 702.C hereinabove; or
6. 
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zoning district for the principal structure.
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
E. 
General Provisions.
1. 
No variance or other relief may be granted by the Board unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and the zoning provisions of this ordinance.
2. 
In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" (N.J.A.C. 6:1-80 et seq.), no variance or other relief may be granted permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation.
3. 
An application under this section may be referred by the Zoning Board of Adjustment to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
4. 
The Zoning Board of Adjustment, in granting any variance which by law it is authorized to grant, may impose such conditions, in addition to those required in this ordinance, as are necessary to assure that the general purposes and intent of this ordinance are met. Such conditions may include, but are not limited to, harmonious design of buildings, maintenance of a sign or sound screen, the minimizing of noxious, offensive or hazardous elements, preservation of natural features, landscaping, and the posting of performance guarantees of the nature required in this ordinance to assure compliance with the requirements that will survive initial construction and the issuance of the Certificates of Occupancy.
5. 
All variances shall expire within one year from the date of the variance approval unless the owner shall have secured a construction permit and shall have commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant the variance. For good cause shown, and after a hearing before the Board on notice in the manner required for original variance applications, the Zoning Board of Adjustment may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Anything herein to the contrary notwithstanding, any variance granted with a site plan, subdivision, and/or conditional use approval shall expire with the expiration of the site plan, subdivision, and/or conditional use approval.
6. 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 403.D, 404.D, 405.D, 414.D, 415.D and 416.D for the GMS, GD, RGD-1, RS-1, HVR, VRD or RHO Districts shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
7. 
Any variance or other approval for a residential use in the HC-1, HC-2, CC, RC, PI or HVC Zones shall require that Pinelands Development Credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.
8. 
Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the GMS, GD, HVR or VRD Zones shall require that Pinelands Development Credits be used at 50% of the maximum rate permitted for Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
F. 
Other Powers. The Zoning Board of Adjustment shall have such other powers as prescribed by law, including, but not limited to, the following:
1. 
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map, if an Official Map is adopted by the Township, whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.
The Zoning Board of Adjustment shall not exercise the power otherwise granted herein 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 the permit pursuant to N.J.S.A. 40:55D-60b and Subsection 705.J.2 of this ordinance.
2. 
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map, if an Official Map is adopted by the Township, or which is (a) an existing State, County or municipal street or highway; or (b) a street shown upon a plat approved by the municipal Planning Board; or (c) a street on a plat duly filed in the office of the County Recording Officer. The Board may grant such relief only when the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the Traffic Circulation Plan element of the municipal Master Plan.
The Zoning Board of Adjustment shall not exercise the power otherwise granted herein 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 and Subsection 705.J.3 of this ordinance.
3. 
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 702.D of this ordinance. 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 a grant of all required subsequent approvals by the Zoning 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 the zoning provisions of this ordinance. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this ordinance for the approval in question, and the special vote pursuant to § 702.D of this ordinance shall not be required.
[Ord. No. 1992-1 § 2]
A. 
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning provisions of this ordinance or a duly adopted Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Zoning Board of Adjustment. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.
C. 
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the Zoning 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 case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.
D. 
A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to a municipal official.
E. 
The Zoning Board of Adjustment shall act upon any appeal or any application for development within 120 days either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application, as the case may be, or within such further time as may be consented to by the applicant, except that when an applicant elects to submit separate consecutive applications for use variance approval and site plan, subdivision or conditional use approval, the one-hundred-twenty-day time period for action shall apply to the application for approval of the use variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this ordinance.
[Ord. No. 1992-1 § 2]
A. 
A Planning Board is hereby created consisting of nine regular and up to two alternate members of the following four classes:
Class I. The Township Manager or Mayor.
Class II. One of the officials of the municipality other than a member of the Township Council to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.
Class III. A member of the Township Council to be appointed by it.
Class IV Regular Members. Six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there is among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
Class IV Alternate Members. Two other citizens of the municipality who may be appointed by the Mayor. Alternate members shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and/or one member may be a member of the Board of Education. The alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2.
B. 
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or 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 as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
C. 
All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. The terms of Class IV regular members first appointed pursuant to this ordinance shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment; provided that the initial term shall not exceed four years. Thereafter the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.
D. 
The terms of the Class IV 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 any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1 of the year in which the appointment is made.
E. 
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.
F. 
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. Any member other than a Class I member may be removed by the Township Council for cause but only after public hearing, if requested, and other requested procedural due process protection.
G. 
The Planning Board shall organize annually by selecting from among its Class IV regular members a Chairman and Vice Chairman. The Board also shall select a Secretary, who may or may not be a member of the Board or a municipal employee of the Township.
H. 
The Township Council, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. In any case, the Board shall not authorize expenditures which exceed, exclusive of gifts, grants or application fees, the amount appropriated by the Township Council for its use.
I. 
The office of Planning Board Attorney is hereby created. The Planning Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Township Attorney.
J. 
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.
K. 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or 40:55D-23.1 and § 706.A of this ordinance from acting on a matter due to the member's personal or financial interest therein, regular members of the Zoning 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 Zoning Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
[Ord. No. 1992-1 § 2]
The Planning Board shall have the powers listed below in addition to other powers established by law. Since the powers and jurisdiction of the Planning Board have been delegated to and imposed upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-I et seq.), the Planning Board shall in all cases follow the provisions applicable to it in said statute or subsequent statute(s) in such case made and provided.
A. 
Make, adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgement, bear essential relationship to the planning of the Township.
B. 
Administer the Subdivision and Site Plan Review provisions of the Land Development Ordinance in accordance with the applicable provisions of said Ordinance and with the applicable provisions of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).
C. 
Hear and decide applications for conditional uses in accordance with the applicable provisions of this ordinance.
D. 
Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
E. 
Assemble data on a continuing basis as part of a continuous planning process.
F. 
Annually, at the request of the Township Council, prepare a program of municipal capital improvements projects projected over a term of six years and recommend same to the Township Council.
G. 
Consider and report to the Township Council within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Township Council.
H. 
Make available to the Historic Preservation Commission an informational copy of every site plan and/or subdivision application submitted to the Board for development in historic zoning districts or on historic sites designated in the Medford Village Historic Preservation And Growth Plan.
I. 
Perform such other advisory duties as are assigned to it by Ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies and officers.
J. 
Whenever a proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to § 702.D of this ordinance (N.J.S.A. 40:55D-70[d]), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1. 
Variances pursuant to § 702.C of this ordinance (N.J.S.A. 40:55D-70[c]).
2. 
Direction pursuant to Subsection 702.F.1 of this ordinance (N.J.S.A. 40:55D-34) for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3. 
Direction pursuant to Subsection 702.F.2 of this ordinance (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice of the 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.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan, or conditional use. The separate approval of the variance or direction of the issuance of a permit, shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the 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 the zoning provisions of this ordinance.
[Ord. 1992-1 § 2]
A. 
Conflicts of Interest. No regular or alternate member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such particular matter nor participate in any discussion by the Board or any decision relating thereto.
B. 
Meetings.
1. 
Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
2. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
3. 
No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.
4. 
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A.40:55D-1 et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.
5. 
All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law C.231, Laws of New Jersey, 1975. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law C.231, Laws of New Jersey, 1975.
C. 
Public Hearings.
1. 
Subsequent to an application for development being declared complete, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on the application for development. Each Board shall make rules governing such hearings.
2. 
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
3. 
The officer presiding at the hearings, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, C.38 (C.2A:67A-1 et seq.) shall apply.
4. 
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or such other person as he may designate, 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 reasonable limitations as to time and number of witnesses.
5. 
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
D. 
Public Notice of a Hearing.
1. 
Public notice of a hearing shall be given for all applications for development.
2. 
The Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
a. 
Publication in an official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township in the absence of an official newspaper; and
b. 
By notification by personal service or certified mail to the following. An affidavit of proof of the giving of the required notice shall be filed by the applicant with the municipal agency at, or prior to, the hearing. It is not required that a return receipt is obtained since notice is deemed complete upon mailing (N.J.S.A. 40:55D-14); however, evidence that the required notice was mailed to the following shall be provided to the Planning Board or Zoning Board of Adjustment, as the case may be, prior to the subject public hearing:
(1) 
To all owners of real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
(a) 
Notice to a partnership owner may be made by service upon any partner.
(b) 
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.
(c) 
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.
(2) 
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities.
(3) 
To the Burlington County Planning Board when the application for development involves property adjacent to an existing County road or proposed road as shown on the County Official Map or County Master Plan, adjoining other County land or situated within 200 feet of a municipality boundary.
(4) 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
(5) 
To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the Township.
(6) 
To the Executive Director of the Pinelands Commission when the property is located within the Pinelands Area.
3. 
Upon the written request of an applicant, the Township Administrative Officer shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection 706.D.2.b above who own property not located within the Township.
4. 
At minimum, the notice shall state the name and address of the applicant; the date, time and place of the hearing and the nature of the matters to be discussed, including all variances and/or waivers requested by the applicant; an identification of the property proposed for development by street address, if any, and 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 or documents for which approval is sought are available for inspection.
5. 
Regarding any application for development being reviewed by the Planning Board or Zoning Board of Adjustment, as the case may be, and said Board determines that substantial revisions have been made to said application subsequent to the date when it was determined to be a "complete application," then the Board may require the applicant to again comply with the notice requirements specified in this section of the ordinance.
6. 
Regarding any application for development in the Pinelands Area of the Township, the Secretary of the Board shall provide notice to the Executive Director of the Pinelands Commission of any hearing, public meeting or other formal proceeding at which the application for development is considered. Such notice shall be in such form as the Executive Director shall from time to time specify and shall contain the information required in Subsection 706.D.4 of this ordinance hereinabove plus the application number of the Certificate of Filing issued by the Executive Director of the Pinelands Commission and the date on which it was issued; any written reports or comments received by the Board on the application for development which have not been previously submitted to the Commission; and any other information required by the Pinelands Commission in accordance with N.J.A.C. 7:50-4.18(c) of the Pinelands Comprehensive Management Plan, as amended.
E. 
Records.
1. 
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes.
2. 
A verbatim recording shall be made of every hearing on an application for development submitted to the Township. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified in writing by the transcriber to be accurate.
F. 
Decisions.
1. 
Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.
2. 
The Board shall provide the findings and conclusions through:
a. 
A resolution adopted at a meeting held within the time period provided in this ordinance for action by the Board on the application for development; or
b. 
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.
3. 
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in § 708 of this ordinance.
4. 
If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.
5. 
Conditional Approvals.
a. 
Whenever any application for development is approved by the Board subject to specified conditions intended to be fulfilled before the approval becomes effective, said approval shall lapse and become null and void unless all specified conditions are fulfilled within six months of the date the approval was granted by the Board unless a longer time period is specified by the Board.
b. 
Whenever any application for development is approved by the Board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to § 902 of this ordinance, then the failure to fulfill any such condition within two years from the date of the approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, construction permit, Certificate of Occupancy or any other approval until such condition is fulfilled.
c. 
Nothing herein contained shall be construed as preventing the Board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, an extension of time for fulfilling a condition for good cause shown.
d. 
Only upon fulfillment of all conditions precedent shall any subdivision plat or site plan be signed or any required zoning permit, construction permit, occupancy permit or other approval be issued.
e. 
The fulfillment of all conditions, precedent or subsequent, shall be reported in writing by the applicant to the Board, which may cause such reports to be verified in an appropriate manner.
[Ord. No. 1992-1 § 2; Ord. No. 1997-8 § 1; Ord. No. 1998-6 § 1]
Any interested party has the right to appeal any final decision of the Zoning Board of Adjustment to a court of competent jurisdiction according to law.
[Ord. No. 1992-1 § 2]
Any decision of the Planning Board or the Zoning Board of Adjustment when acting upon an application for development and any decision of the Township Council when acting upon an appeal shall be given notice in the following manner:
A. 
A copy of the decision shall be mailed by the appropriate Township authority within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the Township authority for such service.
B. 
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the Secretary of the Planning Board, the Secretary of the Zoning Board of Adjustment, or the Township Clerk, as the case may be, without separate charge to the applicant. The notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision.
C. 
A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.
D. 
Regarding any decision approving or denying an application for development in the Pinelands Area of the Township, notice of the decision shall be given to the Executive Director of the Pinelands Commission by certified mail within five days of the decision. Such notice shall be in such form as the Executive Director shall from time to time specify, but shall contain at least the information required pursuant to N.J.A.C. 7:50-4.18(c).
[Ord. No. 1992-1 § 2]
A. 
An "Historic Preservation Commission" is hereby created consisting of seven members of the following three classes appointed by the Mayor:
Class A. Two people who are knowledgeable regarding building design, building construction, and/or architectural history. Class A members may or may not be citizens of the municipality.
Class B. One person who is knowledgeable of local history and/or has demonstrated an interest in local history. The Class B member may or may not be a member of the municipality.
Class C. Four people who are citizens of the municipality and who hold no other municipal office, position or employment except that a Class C member may be member of the Planning Board or Zoning Board of Adjustment.
B. 
All terms shall run from January 1 of the year in which the appointment is made. The terms of the members first appointed under this ordinance shall be as follows:
Class A. Three years for both members.
Class B. Four years.
Class C. Two years for two members, and one year for the other two members.
Subsequent to the above initial terms, the term of all members shall be four years each. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Moreover, notwithstanding any other provision herein, the term of any Historic Preservation Commission member who also is a member of the Planning Board or Zoning Board of Adjustment shall be for his/her term of membership on the Planning Board or on the Zoning Board of Adjustment, as the case may be.
C. 
The Historic Preservation Commission shall organize annually by selecting from among its members a Chairman and Vice Chairman. The Commission also shall select a Secretary, who may or may not be a member of the Commission or a municipal employee of the Township.
D. 
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
E. 
A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.
F. 
The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.
G. 
The Historic Preservation 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 governing body. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
H. 
The Historic Preservation Commission shall establish and adopt rules and procedures for the transaction of its business, which rules and procedures shall be made available to the public and be subject to the following restrictions:
1. 
The Historic Preservation Commission shall establish a regular schedule of monthly meetings. Additional meetings may be called by the Chairman or the Vice Chairman when the regular meetings are inadequate either to meet the needs of its business, to handle emergencies, or to meet constraints imposed by law. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
2. 
A quorum for the transaction of business shall consist of four or more members, including the Chairman and Vice Chairman.
3. 
The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance records, findings, determinations, and decisions; all such minutes and records shall be made available to the public.
[Ord. No. 1992-1 § 2]
The Historic Preservation Commission shall have the powers listed below in addition to other powers established by law:
A. 
Prepare a survey of historic sites and/or historic district areas within the municipality in accordance with criteria identified in the survey report, including but not limited to the following:
1. 
That the site or district is associated with events that have made a significant contribution to the broad patterns of our history; or
2. 
That the site or district is associated with the lives of persons significant in our past; or
3. 
That the site or district embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
4. 
That the site or district has yielded, or may be likely to yield, information important in prehistory or history.
B. 
Make recommendations to the Planning Board on the historic preservation element of the Master Plan and on the implementations for preservation of historic sites for any other Master Plan elements.
C. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
D. 
Advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110.
E. 
Provide written reports pursuant to N.J.S.A. 40-55D-111 and § 806.C of this ordinance on the application of the Zoning Ordinance provisions concerning historic preservation.
F. 
Carry out such other advisory, educational, and informational functions as will promote historic preservation in the Township.
G. 
Issue certificates of appropriateness for the activities described in § 806.D of this ordinance.
[Ord. No. 1999-22 §§ 1-3]
A. 
This ordinance creates a new Chapter 711 of the Medford Township Land Development Ordinance entitled Citizens Architectural Advisory Committee.
B. 
There shall be a Citizens Architectural Advisory Committee, to consist of five members appointed by and serve at the pleasure of the Mayor of Medford Township. The Citizens Architectural Advisory Committee shall undertake responsibility for architectural review of all development applications involving site plan review, and assist and/or collaborate with the Medford Township Planning Board and Medford Township Zoning Board of Adjustment in their duties, which shall include but is not limited to:
1. 
Advising the Planning Board on the architectural element of the Master Plan;
2. 
Advising the Planning Board and Zoning Board of Adjustment on applications for development.
3. 
Carrying out such other advisory, educational and informational functions as will promote architecture design and aesthetic considerations in the municipality.
The Planning Board and Zoning Board of Adjustment, as the case may be, shall receive and review the report and recommendations of the Citizens Architectural Advisory Committee, consistent with N.J.S.A. 40:55D-27, and shall give said recommendations due deference.
C. 
The Citizens Architectural Advisory Committee is hereby created consisting of five members appointed by the Mayor. All members shall serve for a period of three years, except that of those first appointed, where two members shall serve for a period of three years; two members shall serve for a period of two years; and one member shall serve for a period of one year. Upon the expiration of a members term, the member may be reappointed to subsequent terms at the discretion of the Mayor.