There is hereby established pursuant to the Municipal Land Use
Law a Planning Board consisting of nine (9) members of the following
four (4) classes and alternate members as hereinafter provided:
a. Class I. The Mayor or his designee appointed to sit in place of,
and act on behalf of the Mayor in his or her absence pursuant to N.J.S.A.
40:55D-23. Such designee shall serve at the pleasure of the Mayor.
b. Class II. One (1) of the officials of the municipality other than
a member of the Governing Body to be appointed by the Mayor. The member
of the Environmental Commission who is also a member of the Planning
Board shall be the Class II Planning Board member if there is both
a member of the Zoning Board of Adjustment and a member of the Board
of Education among the Class IV or alternate members of Planning Board.
c. Class III. A member of the Governing Body to be appointed by the
Governing Body.
d. Class IV. Six (6) 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 (1) member may be a member of the Zoning Board
of Adjustment and one (1) may be a member of the Board of Education.
The member of the Environmental Commission who is also a member of
the Planning Board shall be a Class IV Planning Board member unless
there be among the Class IV or alternate members of the Planning Board
both a member of the Zoning Board of Adjustment and a member of the
Board of Education, in which case the member of the Environmental
Commission shall be the Class II member of the Planning Board.
e. Alternate Members. Not more than two (2) alternate members of the
Planning Board to be appointed by the Mayor. Such alternate members
shall be designated by the Mayor as "Alternate #1" and "Alternate
#2". 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. In the event that a choice must be made as to
which alternate member is to vote, Alternate #1 shall vote. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. Alternate members shall meet the qualifications
pertaining to Class IV members of the Planning Board.
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 (1) year or terminate at the completion
of their respective terms of office, whichever occurs first, unless
the Class II member 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 (3) years or terminate
at the completion of his term of office 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/she
is no longer a member of such other body or at the completion of his/her
Class IV term, whichever occurs first.
All Class IV members shall be appointed for terms of four (4)
years except as otherwise herein provided. All terms shall run from
January 1 of the year the appointment is made.
Alternate members shall be appointed for terms of two (2) years
running from January 1 of the year each appointment is made, and the
term of not more than one (1) alternate member shall expire in any
given year.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[Ord. No. 20-1993]
If the Planning Board lacks a quorum because any of its regular
or alternate members are prohibited from acting due to a conflict,
regular members of the Board of Adjustment shall be called upon to
serve, for that matter only, as temporary Planning Board Members.
They shall be called in order of seniority of continuous service,
until a quorum of qualified members is reached. Where members have
equal seniority, the Chairman of the Board of Adjustment shall choose
the order in which they are called.
The Planning Board shall annually elect a Chairman and a Vice-Chairman
from the regular Class IV members and select a Secretary who may be
either a member of the Planning Board or a municipal employee designated
by the Board.
Any member other than a Class I member, after a public hearing
if he/she requests one, may be removed by the Borough Council for
cause.
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of,
or agree upon the rate of compensation for the Planning Board Attorney,
who shall be an attorney other than the Borough Attorney.
The Planning Board may also employ or contract for the services
of experts and such other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of applicant escrow,
gifts, or grants, the amount appropriated by the Governing Body for
its use.
[New]
The Governing Body shall make provisions in its budget and appropriate
funds for the expenses of the Planning Board.
The Planning Board may adopt bylaws governing its procedural
operations. It shall also have the following powers and duties:
a. To make and adopt and from time to time amend a Master Plan for the
physical development of the Borough pursuant to N.J.S.A. 40:55D-28
which Master Plan shall give due consideration to the relationship
between the proposed physical development of the Borough and the master
plans for those areas outside its boundaries which, in the Board's
judgment, may affect or be affected by development within the Borough.
b. To administer the provisions of the development plan review regulations
of the Borough in accordance with this chapter and the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
c. To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d. To assemble data on a continuing basis as part of a continuous planning
process.
e. To consider and make report to the Governing Body within thirty-five
(35) days after referral as to any proposed development regulation
submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-26(a)
and also to review any matters which may be specifically referred
to the Planning Board by the Borough Council pursuant to the provisions
of N.J.S.A. 40:55D-26(b), including, but not limited to, the following:
1. Acquisition by purchase, lease or otherwise of buildings and land.
2. Sale of Borough-owned buildings and land.
3. Vacation of Borough and public rights in streets, alleys and thoroughfares
pursuant to law.
4. Creation of Borough parks and other recreational areas and facilities.
f. To annually prepare a program of municipal capital improvement projects
projected over a term of six (6) years, and amendments thereto, and
recommend same to the Governing Body.
g. When reviewing applications for approval of development plans, including
those involving conditional uses, to grant to the same extent and
subject to the same restrictions as the Zoning Board of Adjustment:
1. Variances pursuant to N.J.S.A. 40:55D-70C.
2. Authorization for the 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 on the official map.
3. Authorization for the issuance of a permit for a building or structure
not related to a street.
Whenever relief is requested pursuant to this subsection, notice
of the hearing on the application for development shall include reference
to the request for variance or direction for the issuance of a permit,
as the case may be.
h. To perform such other advisory duties as are assigned by ordinance
or by resolution of the Governing Body for the aid and assistance
of the Governing Body or other Borough agencies or officers.
The Board shall act on all development applications in accordance
with all time limits set forth in N.J.S.A. 40:55D-1 et seq. or within
such further time as consented to by the applicant in writing.
The Mayor may appoint one (1) or more persons as a Citizens
Advisory Committee to assist or collaborate with the Planning Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor.
The Planning Board shall make available to the Environmental
Commission for its review and comment an informational copy of every
development plan submitted to the Planning Board. Failure of the Planning
Board to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
The Planning Board shall adopt such rules and regulations as
may be necessary to effectuate the provisions and purposes of this
chapter. Said rules and regulations shall include the definition of
a complete application and shall provide that the Board review, on
the record, the reports and recommendations of each municipal officer
or agency with respect to each development plan referred to them by
the terms of this chapter.
a. Membership. A Zoning Board of Adjustment is hereby established consisting
of seven (7) residents of the Borough of Roseland recommended by the
Mayor and approved by the Borough Council to serve for terms of four
(4) years each running from January 1 of the year of their respective
appointments. No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
In addition to the regular members, there may be not more than
two (2) alternate members of the Zoning Board of Adjustment, to be
recommended by the Mayor and approved by the Borough Council for terms
of two (2) years running from January 1 of the year each appointment
is made. The term of not more than one (1) alternate member shall
expire in any given year. Alternate members shall be designated by
the Mayor as "Alternate #1" and "Alternate #2" as recommended by the
Mayor and approved by the Borough Council. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. In the event that a choice
must be made as to which alternate member is to vote, Alternate #1
shall vote. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. The qualifications and restrictions
relating to regular members are also applicable to the alternate members.
b. Vacancy A vacancy occurring otherwise than by expiration of term
shall be filled as above provided for the unexpired term only.
The Zoning Board of Adjustment shall annually elect a Chairman
and Vice Chairman from among its regular members and select a Secretary
who may be either a Board member or a municipal employee designated
by the Board.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members are prohibited from acting due to a conflict,
Class IV members of the Planning Board shall be called upon to serve,
for that matter only, as temporary Board of Adjustment members. They
shall be called to serve in order of seniority of continuous service,
until a quorum is reached. Where members have equal seniority, the
Chairman of the Board shall choose the order in which they are called.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment shall annually
appoint, fix the compensation of or agree upon the rate of compensation
for the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Borough Attorney.
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and staff and services as
it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of applicant escrow, gifts, or grants, the
amount appropriated by the Governing Body for its use.
[New]
The Governing Body shall make provision in its budget and appropriate
funds for the expenses of the Zoning Board of Adjustment.
[N.J.S.A. 40:55D-70]
The Zoning Board of adjustment shall have the power to:
a. Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative officer based on or made in the enforcement of
the Zoning Regulations of this chapter.
b. Hear and decide requests for interpretation of the Zoning Map or
ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any zoning or official map ordinance.
c. (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
pursuant to this chapter 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 act would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from regulations pursuant to this chapter; provided, however,
that the fact that a proposed use is an inherently beneficial use
shall not be dispositive of a decision on a variance under this subsection
and provided that no variance from those departures enumerated in
paragraph d. of this subsection shall be granted under this paragraph;
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 this chapter; and
d. In particular cases for special reasons, grant a variance to allow
departure from regulations pursuant to this chapter 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) deviation from a specification or standard pursuant to this chapter
pertaining solely to a conditional use, (4) an increase in the permitted
floor area ratio as defined in this chapter, (5) an increase in the
permitted density as defined in this chapter, 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 or (6) a height of
a principal structure which exceeds by ten (10) feet or ten (10%)
percent the maximum height permitted in the district for a principal
structure. A variance under this subsection shall be granted only
by affirmative vote of at least five (5) members.
If an application for development requests one or more variances
but not a variance for a purpose enumerated in paragraph d. above,
the decision on the requested variance or variances shall be rendered
under paragraph c. of this subsection.
No variance or other relief maybe granted under the terms of
this subsection, including a variance or other relief involving an
inherently beneficial use, without a showing that such variance or
other relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and the purpose
of the zone plan and zoning ordinance. In respect to any airport safety
zones delineated under the "Air Safety and Zoning Act of 1983," P.L.
1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief
may be granted under the terms of this subsection, permitting the
creation or establishment of a nonconforming use which would be prohibited
under standards promulgated pursuant to that act, except upon issuance
of a permit by the Commissioner of Transportation. An application
under this subsection may be referred 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.
[Ord. No. 20-1993]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection
30-602.7, have the power given by law to:
a. Authorize 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 on the Official Map; but only if the application
does not require approval by the Planning Board of a subdivision,
site plan or conditional use.
b. Authorize issuance of a permit for a building or structure not related
to a street; but only if the application does not require approval
by the Planning Board of a subdivision, site plan or conditional use.
c. Grant, to the same extent and subject to the same restrictions as the Planning Board, development plan and/or conditional use approval whenever the Board is reviewing an application for approval of variance pursuant to subsection
30-602.7, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated.
Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to subsection
30-602.7, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a development plan and/or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approvals shall be granted unless such approvals can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter for approvals by the Planning Board.
a. Applications addressed to the original jurisdiction of the Zoning
Board of Adjustment without prior application to the Zoning Officer
shall be filed with the Secretary to the Board and the Zoning Officer.
At the time of filing the application, the applicant shall also file
all plans, maps or other papers required by virtue of any provisions
of this chapter. The applicant shall obtain all necessary forms from
the Secretary to the Board, who shall inform the applicant of the
steps to be taken to initiate proceedings and of the regular meeting
dates of the Board.
b. Appeals to the Zoning Board of Adjustment may be taken by any person
aggrieved or affected by the decision of the Zoning Officer of the
municipality made in the enforcement of this chapter or the official
map. Each appeal shall be taken within the twenty (20) days prescribed
by the Statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with ten (10) copies of said notice
with the Secretary to the Board. Notice of appeal shall specify the
grounds for appeal. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from was taken.
c. An appeal to the Zoning Board of Adjustment stays all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the officer 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 order of the Superior Court of New Jersey upon
notice to the officer from whom the appeal is taken and on due cause
shown.
d. In exercising the appeal power, the Zoning Board of Adjustment may
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and make such other requirement,
decision or determination as ought to be made, and to that end, have
all the powers of the officer from whose decision the appeal was taken.
The Board shall act on all development applications in accordance
with all time limits set forth in N.J.S.A. 40:55D-1 et seq. or within
such further time as consented to by the applicant in writing.
Any variance from the terms of this chapter granted by the Zoning
Board of Adjustment permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
expire by limitation unless such construction or alteration shall
have actually been commenced on each and every structure permitted
by the variance, or unless such use permitted by said variance has
actually been commenced within one (1) year from the date of decision
by the Zoning Board of Adjustment. In the event that an appeal is
filed from the decision of the Zoning Board of Adjustment, the running
of the period of limitation herein provided shall be suspended from
the date the appeal is filed with the Governing Body or court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding. At the request of the applicant, the Zoning Board of Adjustment
may grant an extension of the previously stipulated period for up
to twelve (12) additional months but not more than one (1) such extension
shall be granted. In the case where an application for variance relief
has been approved subject to the subsequent approval of a separate
development plan application, the approval of the variance shall stipulate
a reasonable time period within which an application for preliminary
or final approval of the development plan shall be submitted before
the approval of the variance shall expire. At the request of the applicant,
the Zoning Board of Adjustment may grant an extension of the previously
stipulated period for up to twelve (12) additional months but not
more than one (1) such extension shall be granted.
The Zoning Board of Adjustment may refer any applications requiring
interpretations of this chapter and of the Zoning Map to the Planning
Board for comment. A referral shall not extend the time for action
by the Zoning Board of Adjustment.
The Zoning Board of Adjustment may make available to the Environmental
Commission for its review and comment an informational copy of every
development plan submitted to the Zoning Board of Adjustment. Failure
of the Zoning Board of Adjustment to make such information copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the
Board of Adjustment shall condition any approval that it grants, upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time.
The Board shall adopt such rules and regulations as may be necessary
to effectuate the provisions and purposes of this chapter. The rules
and regulations shall provide that the Board review, on the record,
the reports and recommendations of each municipal officer or agency
with respect to each development plan referred to them by the terms
of this chapter.
The 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 provisions
which were the subject of various requests and its recommendations
for zoning amendment or revision, if any. Copies of this report and
resolution shall be sent to the Borough Council and Planning Board.
No member 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 matter nor participate in any discussion relating thereto.
a. Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of development applications to process or for lack of a quorum.
b. Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members; any such special meeting
shall be held on notice to the Board members and the public in accordance
with all applicable legal requirements.
c. No action shall be taken at any meeting without a quorum being present.
d. All actions shall be taken by majority vote of the members present
except as otherwise required by any provision of the Municipal Land
Use Law. The failure of any motion to receive the requisite number
of votes for approval shall be deemed an action denying the motion.
e. All regular meetings and all special meetings shall be open to the
public. All such meetings shall be conducted, and notice of all such
meetings shall be given, in accordance with the requirements of the
Open Public Meetings Law.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall be made available for public inspection during normal
business hours at the office of the Board. Any interested party shall
have the right to compel production of the minutes for use as evidence
in any legal proceeding concerning the subject matter of such minutes.
An interested party may be charged a fee for reproduction of the minutes
for his use as provided for by ordinance.
a. Rules. A hearing shall be held on each application for development.
The Board shall make the rules governing the conduct of the hearings,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
b. Maps and Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least ten (10) days before the date of the hearing during normal
business hours in the office of the Secretary to the Board.
c. Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
shall apply.
d. Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation and the right
of cross examination shall be permitted to all interested parties
through their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
e. Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
f. Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording on request
to any interested party made within one year of the hearing date at
the party's expense, unless otherwise provided by ordinance for the
municipality to assume the expense, provided that the charge shall
not be more than the maximum permitted in N.J.S.A. 2A:11-15. The transcript
shall be certified in writing by the transcriber to be accurate.
[Ord. No. 20-1993: New]
a. Public notice of a hearing shall be given for the following applications
for development plan approval:
1. Any request for a variance from the requirements of Article
IV.
2. Any request for conditional use approval.
3. Any request for the issuance of a permit to build within the bed
of a mapped street, public drainageway, flood control basin or public
area reserved on the official map, or on a lot not abutting a street.
4. Any request for preliminary approval of a development plan, except
for minor subdivisions or minor site plans.
5. Any request for final approval of a development plan for which public
notice of the hearing on the final development plan has been made
a condition of the preliminary approval.
6. Any request for an interpretation of the Zoning Map or ordinance.
7. Any request for the issuance of a certificate certifying that the
use or structure existed before the adoption of the ordinance which
rendered the use or structure nonconforming.
b. The Secretary to the Board shall notify the applicant of the date
of hearing at least two (2) weeks prior in order that proper notice
can be given by the applicant.
c. Whenever public notice is required for a hearing on an application
for development, the applicant shall give notice according to the
requirements of N.J.S.A. 40:55D-1 et seq.
d. All notices shall be given at least ten (10) days prior to the date
fixed for hearing and the applicant shall file an affidavit of proof
of service with the Board holding the hearing on the application for
development.
e. Where a variance is requested, the notice shall specifically stipulate
the requirement and/or regulation from which relief is sought and,
in the case of a variance, the extent of relief requested.
[Ord. No. 20-1993]
The Tax Assessor shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee according to N.J.S.A. 40:55D-1 et seq., make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection
30-603.5c of this chapter. This list shall include any public utilities, cable television companies or local utilities which have registered with the Borough.
a. Any member of a municipal agency who was absent for one (1) or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one (1) or more of the meetings, provided, however,
that such member has available to him the transcript or recording
of all of the hearing from which he was absent and certified in writing
to the municipal agency that he has read such transcript or listened
to such recording.
b. Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
c. Any decision of the Board when acting upon any application for development
and any decision of the Governing Body when acting upon an appeal,
including an action of denial resulting from the failure of a motion
to approve, shall be reduced to a written resolution memorializing
the action. Said resolution shall be adopted within forty-five (45)
days of the date on which the action is taken and shall set forth
the decision as well as the findings of fact and conclusions based
thereon.
d. Such resolution shall be adopted by a vote of a majority of the members
of the Board who voted in favor of, or whose vote resulted in, the
action previously taken, and no other member shall vote thereon. The
vote on such resolution shall be deemed to be a memorialization of
an action and not an action of the Board except that the failure of
the Board to adopt such resolution within the forty-five (45) day
period shall result in the approval of the application for development,
any prior action thereon notwithstanding.
e. A copy of the decision shall be mailed by the Board within ten (10)
days of the date of decision to the applicant, or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed for such service. A copy of the decision
shall also be filed in the office of the Borough Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
f. The date of adoption of a resolution memorializing an action shall constitute the date of decision for purposes of the mailings, filings and publications required under this subsection and subsection
30-603.8.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Board with a separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within ten (10) days of the date of any such decision.
Every application for development submitted to the Board shall
be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application, or, if it is shown that taxes or assessments are delinquent
on said property, any approvals or other relief granted by the Board
shall be conditioned upon either the prompt payment of such taxes
or assessments, or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
a. If a development plan requires approval by a governmental agency
other than the Board, the Board shall process the application in accordance
with the terms of this chapter and shall condition its approval upon
the subsequent approval of such other governmental agency. If a developer
submits an application proposing a development which is barred or
prevented, directly or indirectly, by legal action instituted by any
State agency, political subdivision or other party or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction, the Board shall process the application
in accordance with the terms of this chapter and shall condition its
approval upon the removal of such legal barrier to development.
b. If approval is granted conditioned upon the subsequent approval of
another government agency and such government agency requires revisions
in the development plan which alter the layout and/or design standards
approved by the Board to an extent that the Secretary to the Board
determines that the basis upon which the municipal approval was granted
has been changed, the applicant shall be required to apply for and
obtain revised approval from the Board and pay the fees for such approval
as set forth in this chapter.
[Ord. No. 20-1993]
No appeal of any final decision shall be made to the Governing Body, except any interested party may appeal any final decision of the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70(d). Such appeal shall be made within ten (10) days of the date of publication of such final decision. Such appeal shall be made in accordance with the provisions of subsection
30-604.2, and all applicable provisions of N.J.S.A. 40:55D-1, et seq.
a. The appellant shall, within five (5) days of service of the notice of the appeal, arrange for a transcript pursuant to subsection
30-603.4f of this Article for use by the Governing Body and pay a deposit of fifty ($50.00) dollars or the estimated cost of such transcript, whichever is less, or within thirty-five (35) days of service of notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
b. In addition to the transcript of the hearings on the application,
the record on appeal to the Governing Body shall include the minutes
of any meeting at which the application was discussed, the reports
and recommendations of each municipal officer or agency to which the
application was referred, and the written decision below. In addition,
any reports or recommendations which were submitted to the municipal
agency below shall also be submitted to the Governing Body.
c. Notice of the meeting to review the record below shall be given by the Governing Body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection
30-603.7e of this Article and to the Board from which the appeal is taken at least ten (10) days prior to the date of the meeting.
d. The parties may submit oral and written argument on the record at such meeting, and the Governing Body shall provide for verbatim recording and transcripts of such meeting pursuant to subsection
30-603.4f. The appellant shall arrange for a transcript of the meeting to review the record below pursuant to subsection
30-603.4f for use by the Governing Body.
The Governing Body shall conclude a review of the record below not later than ninety-five (95) days from the date of publication of notice of the decision below as provided in subsection
30-603.8 unless the appellant consents in writing to an extension of such period. Failure of the Governing Body to hold a hearing and conclude a review of the record and to render a decision within such specified time period shall constitute a decision affirming the action of the municipal agency below.
[Ord. No. 20-1993]
The Governing Body may reverse, remand or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to subsection
30-602.7. The review shall be made on the record made before the Board of Adjustment. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or affirm with or without conditions any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment.
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 Board from whose action the appeal is taken
certifies to the Borough Council, after the notice of appeal shall
have been filed with such 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 Board from whom the appeal is taken and on good cause shown.
The Borough Council shall mail a copy of the decision to the
appellant or if represented then to his attorney, without separate
charge, and for a charge pursuant to Borough ordinance, to any interested
party who has requested it, not later than ten (10) days after the
date of the decision. A brief notice of the decision shall be published
in the official newspaper of the Borough, or in a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the Borough Clerk provided that nothing contained herein shall be
construed as preventing the applicant from arranging such publication
if he so desires. The Borough Council shall charge the applicant for
the publication in accordance with subsection 30-702.10. of this chapter.
The forty-five (45) days in which an appeal to a court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the Borough or the applicant.
Nothing in this chapter shall be construed to restrict, at any
stage of the proceedings before the Borough Council or any Borough
agency, the right of any party to obtain a review by any court of
competent jurisdiction according to law.