A.
A Planning Board is hereby created pursuant to N.J.S.A. 40:55D-23
et seq. consisting of nine regular and up to four alternate members
of the following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the absence of
the Mayor.
(2)
Class II: one of the officials of the municipality other than
a member of the Borough 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 a member of the Board of Education among the Class
IV members or alternate members.
(3)
Class III: a member of the Borough Council to be appointed by
it.
(4)
Class IV 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 Historic
Preservation Commission, if one exists. One member may be a member
of the Board of Education. A member of the Environmental Commission
who also is a member of the Planning Board, as required by N.J.S.A.
40:56A-1, shall be a Class IV Planning Board member unless there is
among the Class IV members of the Planning Board a member of the Board
of Education, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board.
(5)
Alternate members: four other citizens of the municipality may
be appointed by the Mayor as alternate members. Alternate members
shall meet the qualifications of Class IV regular members. The alternate
members shall be designated by the Mayor at the time of their appointment
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate
No. 4," respectively.
B.
The term of the member composing Class I shall correspond with 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 tenure. The terms of the
member 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 Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his/her 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.
D.
The terms of Class IV regular members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment, provided that 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 until December 31 of
the last year of the appointment.
E.
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 until December 31 of
the last year of the appointment.
F.
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, then No. 2, then No. 3, then No. 4.
G.
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 Borough Council for cause, but only after public hearing, if
requested, and other requested procedural due process protection.
H.
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 an employee of the Borough.
I.
The Borough 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 or grants, the amount appropriated by the
Borough Council for its use.
J.
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 Borough Attorney.
K.
The Planning Board may also employ or contract for and fix the compensation
of a Planning Board Engineer and a Planning Board Planner, such experts
and other staff and services as it may deem necessary. All such experts
shall be sworn under oath at the beginning of each calendar year and
should be considered under oath for the duration of the entire year.
L.
The position of Administrative Officer shall be created. The position
may be appointed by the Municipal Council. In the absence of any appointment
otherwise made, the Zoning Officer/Construction Official shall be
given the authority to carry out the duties of Administrative Officer.
M.
The Planning Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions and purposes of this
chapter.
N.
All members of the Planning Board shall be required to successfully
complete a basic course in land use law and planning offered by a
state planning authority or organization within 18 months of assuming
Board membership in accordance with the Municipal Land Use Law (N.J.S.A.
40:55D-23.3), The Class I and Class III members of the board shall
be exempt from this requirement.
A.
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-1 et seq.), the Planning
Board shall in all cases follow the provisions applicable to it in
said statute or subsequent statute(s).
(1)
Make, adopt and, from time to time, amend a Master Plan for
the physical development of the Borough, including any areas outside
its boundaries which, in the Board's judgment, bear essential relationship
to the planning of the Borough.
(2)
Administer the zoning ordinance, applications for variance and
subdivision and site plan review provisions of this chapter in accordance
with the applicable provisions of the chapter.
(3)
Hear and decide zoning applications including applications for
conditional uses in accordance with the applicable provisions of this
chapter and N.J.S.A. 40:55D-67.
(4)
Participate in the preparation and review of programs or plans
required by state or federal law or regulation.
(5)
Assemble data on a continuing basis as part of a continuous
planning process.
(6)
Annually, at the request of the Borough Council, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend the program to the Borough Council.
(7)
Consider and report to the Borough Council within 35 days after
referral as to any proposed zoning ordinance, or official map adoption
submitted to the Board pursuant to N.J.S.A. 40:55D-26a, and also pass
upon other matters specifically referred to the Planning Board by
the Borough Council pursuant to N.J.S.A. 40:55D-26b.
(8)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of the Borough Council for the aid and assistance
of the Borough Council or other agencies and officers.
B.
Whenever a proposed development requires approval of a subdivision,
site plan or conditional use, the Planning Board shall have the authority
to grant:
(1)
Bulk variances pursuant to this chapter (N.J.S.A. 40:55D-70c).
(2)
Direction pursuant to this chapter (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 drainage, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to this chapter (N.J.S.A. 40:55D-36) for
issuance of a permit for a building or structure not related to a
street.
C.
Whenever relief is requested pursuant to this subsection of the chapter,
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.
D.
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 to the intent and purpose of the zone plan
and the zoning provisions of this chapter.
As permitted in the Municipal Land Use Law (N.J.S.A. 40:55D-25(c)
the Borough of Spotswood, having a population of 15,000 persons or
less, herein provides that the nine-member Planning Board created
above in this subsection shall be authorized to exercise, to the same
extent and subject to the same restrictions, all powers of a Zoning
Board of Adjustment as specified below. Since the powers and jurisdiction
of the Zoning Board of Adjustment have been delegated to it by the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning Board
shall in all cases follow the provisions applicable to it in said
statute. Additionally, no Class I or Class III member shall participate
in an application for any "D" variance found in the Municipal Land
Use Law (N.J.S.A. 40:55D-70(d) et seq.
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 chapter.
B.
Exceptions or interpretations. Hear and decide requests for interpretation
of the Zoning Map or the Zoning Ordinance or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning provisions of this chapter or by any duly adopted Official
Map.
C.
General bulk variances.
(1)
Where the strict application of any regulation of this chapter
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of a property,
grant, upon an application or an appeal relating to the property,
a variance from the strict application of such regulation so as to
relieve such difficulties or hardship, based upon one or more of the
following three reasons:
(a)
Exceptional narrowness, shallowness or shape of a specific piece
of property; or
(b)
Exceptional topographic conditions or physical features uniquely
affecting a specific piece of property; or
(c)
An extraordinary and exceptional situation uniquely affecting
a specific piece of property or the structures lawfully existing thereon.
(2)
Where, in an application or appeal relating to a specific piece
of property, the purposes of this chapter would be advanced by a deviation
from the zoning requirements, and the benefits of the deviation would
substantially outweigh any detriment, grant a variance to allow departure
from such zoning requirements.
D.
Use variances, variances from conditional use standards.
(1)
In particular cases and for special reasons, grant a variance
to allow departure from the zoning provisions of this chapter to permit:
(a)
A use or principal structure in a zoning district restricted
against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
A deviation from a particular specification or standard set
forth in this chapter as pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
this chapter and in N.J.S.A. 40:55D-4;
(e)
An increase in the permitted density as defined in this chapter and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to § 120-304 hereinabove; or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the zoning district for a principal
structure.
(2)
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Planning Board. Additionally,
no Class I or Class III member shall participate in an application
for any variance found in the Municipal Land Use Law (N.J.S.A. 40:55D-70(d)
et seq.
E.
General provisions.
(1)
No variance or other relief may be granted by the Planning Board
under the terms of this chapter unless such variance or other relief
can be granted without substantial detriment to the public good and
without substantial impairment to the intent and purpose of the zone
plan and the zoning provisions of this chapter.
(2)
An application under this subsection of the chapter may be referred
by the Planning Board to any appropriate person or agency for its
report, provided that such reference shall not extend the period of
time within which the Planning Board shall act.
(3)
The Planning Board, in granting any variance which by law it
is authorized to grant, may impose such conditions, in addition to
those required in this chapter, as are necessary to assure that the
general purposes and intent of this chapter are met.
(4)
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,
provided that the following exceptions shall apply:
(a)
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.
(b)
For good cause shown, and after a hearing before the Board on
notice in the manner required for original variance applications,
the Planning Board may extend the variance by resolution. Any extension
may not exceed one year in duration and no more than four such 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.
(c)
Anything herein to the contrary notwithstanding, any variance
granted with a site plan, subdivision, and/or conditional use approval
shall expire with the expiration of the site plan, subdivision, and/or
conditional use approval.
F.
Other powers. The Planning Board 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 Borough, 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 Planning Board, 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.
(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 Borough, or which is an existing
state, county or municipal street or highway; or a street shown upon
a plat approved by the municipal Planning Board; or 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 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.
(3)
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 Planning Board. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
to the intent and purpose of the zone plan and the zoning provisions
of this chapter. The number of votes of Board members required to
grant such subsequent approval shall be as otherwise provided in this
chapter for the approval in question.
(4)
Simultaneous review. The Planning Board shall have the power
to act upon subdivision, conditional use, site plan or variance applications
simultaneously without the applicant making further application for
hearings. The longest time period for action by the Board, whether
it is for subdivision, conditional use, site plan or variance approval,
shall apply. Whenever approval of a conditional use or variance is
requested by the applicant in conjunction with a site plan or subdivision
application, notice of the hearing on the plan shall include reference
to the request for such conditional use or variance.
A.
Appeals to the Planning Board may be taken by any interested party
affected by any decision of an administrative officer of the municipality
based on or made in the enforcement of the zoning provisions of this
chapter or a duly adopted Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal is taken, with three copies of the notice given to
the Secretary of the Planning Board. The notice shall specify the
grounds for the appeal. The official from whom the appeal is taken
shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(1)
The Planning Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all powers of
the municipal official from whom the appeal is taken.
(2)
An appeal to the Planning Board shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Planning Board, after the notice
of appeal shall have been filed 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.
B.
A developer may file an application for development with the Planning
Board for action under any of its powers without prior application
to an administrative officer. Twenty copies of the application shall
be given to the Secretary of the Planning Board.
C.
At the time of filing either an appeal or an application for development
to the Planning Board, the interested party or developer also shall
file all plot plans, maps or other papers required by virtue of any
provision of this chapter or by any rule of the Planning Board. The
applicant shall obtain all necessary forms from the board Secretary.
D.
The Planning Board shall act upon any appeal or any application for
development within 120 days either from the date the appeal is taken
from the decision of the municipal official or from the date the application
for development 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, first for a use or other variance approval
pursuant to this chapter and subsequently for 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
or other variance, and the time period for granting or denying any
subsequent site plan, subdivision or conditional use approval shall
be as otherwise provided in this chapter.
E.
Failure of the Planning Board to render a decision within the one-hundred-twenty-day
time period prescribed hereinabove within such further time as may
be consented to by the applicant shall constitute a decision favorable
to the applicant.
A.
Conflicts of interest. No regular or alternate member of the Planning
Board shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he/she 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 shall be scheduled no less
than once a month and any meeting so scheduled shall be held as scheduled
unless canceled 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 three 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 the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
or of the Open Public Meeting Law[1] (c. 231, Laws of New Jersey 1975). 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 or her absence from one or more
of the meetings; provided, however, that such Board member has available
the transcript or recording of all of the hearing from which he or
she was absent, and certifies in writing to the Board that he or she
has read such transcript or listened to such recording.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(5)
All regular meetings and all special meetings shall be open
to the public, except as provided in the Open Public Meeting Law[2] (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).
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
Public hearings.
(1)
Subsequent to an application for development being declared
complete, the Planning Board shall hold a hearing on the application
for development. The Board may adopt procedures and rules governing
such hearings, provided that such rules are not inconsistent with
the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) or the provisions of this chapter.
(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/she
may designate, shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(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/she 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 the following
applications for development.
(a)
Any request for a variance;
(b)
Any request for conditional use approval;
(c)
Any request for issuance of a permit to build within the bed
of a mapped street or public drainage or on a lot not abutting a street;
(d)
Any request for site plan and/or subdivision approval involving
one or more of the aforesaid elements;
(e)
Any request for preliminary approval of a major subdivision
and/or a major site plan; and
(f)
Any request for approval of a planned development.
(2)
The Secretary of the Planning Board 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 Borough, if there
is one, or in a newspaper of general circulation in the Borough 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 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 condominium association,
in the case of any unit owner whose unit has a unit above or below
it; or to the 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 Middlesex 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, property adjoining other county land or property situated within
200 feet of a municipal 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 Borough.
[6]
To the person whose name appears on the registration form pursuant
to N.J.S.A. 40:55D-12.1 for a public utility, cable television company,
or local utility which possesses a right-of-way or easement within
the Borough.
(3)
Upon the written request of an applicant, the Administrative
Officer shall, within seven days, make and certify a list from current
tax duplicates of names and addresses of owners within the Borough
of Spotswood to whom the applicant is required to give notice. The
applicant shall be charged $10 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 or to any public utility, cable television
company, or local utility 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 listed herein above
who own property not located within the Borough of Spotswood.
(4)
At minimum, the notice shall state the following:
(a)
The name and address of the applicant;
(b)
The date, time and place of the hearing;
(c)
The nature of the matters to be discussed, including all variances
and/or waivers requested by the applicant;
(d)
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 Borough Tax Assessor's
office; and
(e)
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, when 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 subsection of the chapter.
(6)
Every public utility, cable television company and local utility
interested in receiving notice pursuant to N.J.S.A. 40:55D-12 may
register with the Borough of Spotswood if the public utility, cable
television company or local utility has a right-of-way or easement
within the municipality. A registration fee of $10 is required for
any public utility, cable television company or local utility which
registers to receive notice. The registration shall remain in effect
until revoked by the public utility, cable television company, or
local utility or by its successor in interest. The Administrative
Officer of the Borough shall adopt a registration form and maintain
a record of all public utilities, cable television companies, and
local utilities which have registered with the Borough. The registration
form shall include the name, address and position of the person to
whom the notice shall be forwarded. The information contained therein
shall be made available to any applicant.
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 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 as indicated
in this chapter.
(2)
A verbatim recording shall be made of every hearing on an application
for development submitted to the Borough. 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 or her expense.
Any transcript shall be certified in writing by the transcriber to
be accurate. When an application for major site plan or major subdivision
is heard, the applicant shall, at his/her own expense, provide to
the Board Secretary a verbatim recording of the entire hearing by
stenographer.
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 chapter 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 to adopt 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 this chapter.
(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 attorney's 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. Only upon fulfillment
of all such conditions shall any subdivision plat or site plan be
signed or any required zoning permit, construction permit, occupancy
permit or other approval be issued.
(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 this chapter, 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)
The fulfillment of all conditions shall be reported in writing
by the applicant to the Board, which may cause such reports to be
verified in an appropriate manner.
(e)
All approvals and denials shall be automatically conditioned
upon full payment of all outstanding application and escrow fees and
the payment of all other outstanding fees or invoices for professional
services generated by the Borough, Planning Board or its professionals.
A.
Any interested party may appeal to the Borough Council any final
decision of the Planning Board approving an application for a "d"
variance pursuant to N.J.S.A. 40:55D-70d and this chapter. Notwithstanding
the aforesaid right of appeal to the Borough Council, any party has
the right to obtain a review of such Planning Board decision by any
court of competent jurisdiction according to law.
B.
Any appeal to the Borough Council shall be made within 10 days of
the date of publication of such final decision pursuant to this chapter.
The appeal to the Borough Council shall be made by serving the Borough
Clerk in person or by certified mail with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
the name and address of his or her attorney, if represented.
C.
The appellant shall either:
(1)
Within five days of serving notice of the appeal, arrange for
a transcript and six copies thereof for use by the Borough Council,
and pay a deposit of $50 or the estimated cost for such transcription,
whichever is less (provided that the charge by the Borough to the
applicant for the transcript shall not exceed the maximum permitted
in N.J.S.A. 2A:11-15); or
(2)
Within 35 days of serving notice of the appeal, submit a transcript
to the Borough Clerk for use by the Borough Council. Should the appellant
neither arrange for or submit a transcript as provided hereinabove,
the Borough Council may dismiss the appeal for failure to prosecute.
All transcripts shall be certified in writing by the transcriber to
be accurate.
D.
Notice of the meeting to review the record below shall be given by
the Borough Council by personal service or certified mail to the appellant,
to those entitled to notice of a decision pursuant to this chapter,
and to the Planning Board at least 10 days prior to the date of the
meeting. The appeal shall be decided by the Borough Council only upon
the record established by the Planning Board. The parties may submit
oral and written arguments on the record at the Borough Council meeting.
E.
The Borough Council shall conclude a review of the record below not
later than 95 days from the publication of the notice of the subject
decision of the Planning Board, unless the appellant consents in writing
to an extension of such time period. Failure of the Borough Council
to hold a hearing and conclude a review of the record below and to
render a decision within such specified period without such written
consent of the appellant shall constitute a decision affirming the
action of the Planning Board.
F.
The Borough Council may reverse, remand or affirm, with or without
conditions, the final decision of the Planning Board being appealed.
The affirmative vote of three members of the Borough Council shall
be necessary to affirm or reverse the decision, to remand the application
to the Planning Board or to impose conditions or alter conditions
to the final decision of the Planning Board. In the event that the
Borough Council cannot obtain three votes for an action on the appeal,
the final decision of the Planning Board shall be deemed affirmed
without change.
G.
An appeal to the Borough Council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Planning Board certifies to the Borough Council, after
the notice of appeal has been filed with the Board, that by reasons
of facts stated in the certificate a stay would, in its 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 on application
upon notice to the Planning Board and on good cause shown.
Any decision of the Planning Board when acting upon an application
for development and any decision of the Borough 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 Borough
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 indicated in this chapter.
B.
The Administrative Officer shall cause a brief notice of every final
decision of the Planning Board or Borough Council, as the case may
be, to be published in an official newspaper of the Borough. The notice
shall be sent to an official newspaper for publication within 10 days
of the date of any such decision and the cost for the notice shall
be charged to the applicant's escrow account.
C.
A copy of the decision shall also be filed in the office of the Administrative
Officer, who shall make a copy of such filed decision available to
any interested party upon payment of the fee as indicated in this
chapter.
