[Editor's Note: The power to regulate land use is
set forth in N.J.S.A. 40:55D-1 et seq.]
[1979 Code § 20-1.1]
There is hereby established pursuant to N.J.S.A. 40:55D-1 et
seq., a Planning Board of nine (9) members consisting of the following
classes:
a.
Class I. The Mayor.
b.
Class II. One of the officials of the City other than a member of
the City 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 to be the Class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members.
c.
Class III. A member of the City Council to be appointed by it.
d.
Class IV. Six (6) other citizens of the City 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.
A member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Planning Board member unless there be among the Class IV 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.
[1979 Code § 20-1.2]
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, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent, the expiration of such terms shall be evenly distributed over
the first four (4) years after their appointment, provided however
that no term of any member shall exceed four (4) years, and further
provided that nothing herein shall affect the term of any present
member of the Planning Board, each of whom shall continue in office
until the completion of the term for which he was appointed. Thereafter,
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 in which the appointment was made.
[1979 Code § 20-1.3]
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.
[Ord. No. 33-45 § 1]
Pursuant to N.J.S.A. 40:55D-23.1, the position of alternate
No. 1 and alternate No. 2 members of the Planning Board are hereby
created. The alternate member shall be appointed by the Mayor and
shall meet the qualifications of Class IV members of the Planning
Board. The alternates shall be designated as the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two (2) years, except that the
terms of the alternate members shall be such that the term of not
more than one (1) alternate member shall expire in any one (1) year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two (2) years. A vacancy occurring
otherwise than by expiration of term shall be filled by the appointing
authority for the unexpired term only. No alternate member shall be
permitted to act on any matter in which he has either directly or
indirectly any personal or financial interest. An alternate member
may, after public hearing if he requests one, be removed by the Governing
Body for cause. Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of 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.
[1979 Code § 20-1.4]
The Planning Board shall elect a chairman and vice-chairman
from the members of the Class IV, and select a secretary who may be
either a member of the Planning Board or a municipal employee designated
by it.
[1979 Code § 20-1.5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the municipal attorney.
[1979 Code § 20-1.6]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the City Council for its use.
[1979 Code § 20-1.7]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make and adopt and amend a master plan for the physical development
of the City, including any areas outside its boundaries, which in
the Board's judgment, bear essential relation to the planning
of the City, in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinances and
site plan review ordinance of the City in accordance with the provisions
of those ordinances and the Municipal Land Use Law of 1975, 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 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 City Council, if requested by them.
f.
To consider and make reports to the City Council thirty-five (35)
days after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning Board
by the Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimension,
set back and yard requirements, provided that such relief from lot
area requirements shall not be granted for more than one (1) lot.
2.
Direction pursuant to 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 right-of-way, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
|
Whenever relief is requested pursuant to this paragraph, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
|
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the City Council for the aid and assistance of the
Council or other agencies or officers.
[1979 Code § 20-1.8]
a.
Minor Subdivision. Minor subdivision approvals shall be granted or
denied within forty-five (45) days of the date of submission of a
complete application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire one hundred ninety (190) days from the date
of Planning Board approval, unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law," or
a deed clearly describing the approved minor subdivision, is filed
by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the chairman and secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer.
b.
Preliminary Approval of Major Subdivisions. Upon submission of a
complete application for a subdivision of ten (10) or fewer lots,
the Planning Board shall grant or deny preliminary approval within
forty-five (45) days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than ten (10)
lots the Planning Board shall grant or deny preliminary approval within
ninety-five (95) days of the date of such submission or within such
further time as may be consented to by the developer. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 28-1.8g, the Planning Board shall grant or deny approval such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period of the application within ninety-five (95) days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within forty-five (45) days of submission of
a complete application or within such further time as may be consented
to by the applicant.
Final approval of a major subdivision shall expire ninety-five
(95) days from the date of signing of the plat, unless within such
period the plat shall have been duly filed by the developer with the
County Recording Officer. The Planning Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
one hundred ninety (190) days from the date of signing of the plat.
[1979 Code § 20-1.9]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq., shall be filed with the secretary of the Planning Board. The
applicant shall file at least twenty-one (21) days before the date
of the monthly meeting of the Board, ten (10) copies of a sketch plat;
ten (10) copies of the applications for minor subdivision approval;
ten (10) copies of the application for major subdivision approval;
or six (6) copies of an application for site plan review, conditional
use approval or planned development. At the time of filing the application,
but in no event less than ten (10) days prior to the date set for
hearing, the applicant shall also file all plot plans, maps or other
papers required by virtue of any provision of this chapter or any
rule of the Planning Board. The applicant shall obtain all necessary
forms from the secretary of the Planning Board. The secretary shall
inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[1979 Code § 20-1.10]
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 persons shall have no power to vote or take
other action required of the Board. Such persons shall serve at the
pleasure of the Mayor.
[1979 Code § 20-1.11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the City,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[1979 Code § 20-1.12]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953, N.J.S.A. 67A-1 et seq., shall apply.
[1979 Code § 20-2.1; Ord. No. 51-18 § 1]
The Zoning Board of Adjustment is hereby established pursuant
to N.J.S.A. 40:55D-69 as said, consisting of seven (7) regular members
and two (2) alternate members. All regular members and alternate members
shall be municipal residents. All regular members shall be appointed
by the City Council to serve a term of four (4) years from January
1st of the year of their appointment. The terms of the regular members
first appointment shall be so determined that to the greatest practical
extent the expiration of such terms shall be distributed evenly over
the first four (4) years after their appointment, provided that the
initial term of no regular member shall exceed four (4) years. Alternate
members shall be designated at the time of appointment by the appointing
authority as "Alternate One (1)" and "Alternate Two (2)." The terms
of the alternate members first appointed shall be so determined that
to the greatest practical extent the expiration of such terms evenly
over the first two (2) years after the appointment, provided the initial
term of no alternate member shall exceed two (2) years. Thereafter,
the term of each regular member shall be four (4) years, and the term
of each alternate member shall be two (2) years. Nothing in this chapter
shall, however be construed to affect the term of any present member
of the Zoning Board of Adjustment, each of whom shall continue in
office for the completion of the term for which he was appointed.
No member may hold any elective office position under the municipality.
No member of the Board of Adjustment shall be permitted to act on
any matter in which he has, either directly or indirectly, any personal
or financial interest. Any member may, after public hearing if he
requests it, be removed by the City Council for cause. A vacancy occurring
otherwise then by expiration of term shall be filled for the unexpired
term only.
The Board of Adjustment shall elect a Chairman and a Vice Chairman
from its regular members and select a Secretary, who may or may not
be a member of the Board of Adjustment or a municipal employee.
Alternate members may participate in all matters but may not
vote except in the absence or disqualification of a regular member.
Participation for alternate members shall not be deemed to increase
the size of the Zoning Board of Adjustment established by this subsection.
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 to vote, alternate members shall
vote in order of their numerical designation.
[1979 Code § 20-2.2]
The Board of Adjustment shall elect a chairman and vice-chairman
from its members, and shall also select a secretary who may be either
a Board member or another municipal employee.
[1979 Code § 20-2.3]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the City Attorney.
[1979 Code § 20-2.4]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the City Council for its use.
[1979 Code § 20-2.5]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
[1979 Code § 20-2.6]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction applicable to
legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and imposed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1
et seq., or subsequent statutes in such case made and provided, and
it shall furnish to any person requesting them a copy of its rules
and information as to how appeals or applications may properly be
filed with the Board for its decision thereon.
[1979 Code § 20-2.7]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
or by an officer, department, board or bureau of the City affected
by any decision of the administrative officer. Each appeal shall be
taken within the sixty-five (65) days prescribed by the statute by
filing a notice of appeal with the officer from whom the appeal was
taken, together with three (3) copies of such notice with the secretary
of the Board of Adjustment. The notice of appeal shall specify the
grounds for the 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.
b.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the secretary of the Zoning Board of Adjustment.
Three (3) copies of the application shall be filed. At the time of
filing the appeal or application, but in no event less than ten (10)
days prior to the date set for hearing, the applicant shall also file
all plot plans, maps, or other papers required by virtue of any provisions
of this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the secretary of the Zoning
Board of Adjustment. The secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him that, by reason
of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
[1979 Code § 20-2.8]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq.,
or amendments thereto or subsequent statutes applying, reverse or
affirm wholly or partly or may modify the order, requirement, decision,
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
[1979 Code § 20-2.9]
Any variance from the terms of this chapter hereafter granted
by the 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 been actually commenced on each and every structure permitted
by such variance, or unless such permitted use has actually been commenced
within nine (9) months from the date of entry of the judgment or determination
of the Board of Adjustment, except however, that the running of the
period of limitation therein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the City Council or to a court of competent jurisdiction until the
termination in any manner of such appeal or proceeding.
[1979 Code § 20-2.10]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the applicant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning chapter.
b.
Hear and decide requests for interpretation of the map or zoning
chapter, or for decisions upon other special questions upon which
such Board is authorized by the zoning chapter to pass.
c.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the zoning chapter would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, a variance from such strict application
so as to relieve such difficulties or hardship, provided, however,
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structure or
use, and further provided 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 shall review a request
for a variance pursuant to N.J.S.A. 55D-60a.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least two-thirds (2/3)
of the full authorized membership of the Board.
e.
No variance or other relief may be granted under the provisions of
this section 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 zoning chapter.
Any application under any paragraph of this subsection may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
[1979 Code § 20-2.11]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 28-2.10, have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainage
right-of-way, flood control basin or public area reserved on the official
map.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building of structure not related to a street.
|
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through N.J.S.A. 40:55D-59, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 28-2.10d.
|
[1979 Code § 20-2.12]
The Board of Adjustment shall render its decision not later
than one hundred twenty (120) days after the date an appeal is taken
from the decision of an administrative officer, or the submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-70b.
Failure of the Board to render a decision within such one hundred
twenty (120) day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
[1979 Code § 20-2.13]
No applicant shall reapply for the same application for development
to the Board of Adjustment unless twenty-four (24) months have expired
since the date of the resolution of denial of the original application.
[1979 Code § 20-3.1]
No 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 or decision relating thereto.
[1979 Code § 20-3.2]
a.
Meetings for both the Planning Board and 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.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two (2) Board members, which shall be held
on notice to its 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 a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-7
et seq. An executive session for the purpose of discussing and studying
any matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1979 Code § 20-3.3]
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 thereafter be made available for public inspection
during normal business hours at the office of the City Clerk. 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. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1979 Code § 20-3.4]
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which are not otherwise provided for by
ordinance, may be provided for and adopted as part of the rules of
the Board. Copies of such rules or of the separate fee schedule shall
be available to the public.
[1979 Code § 20-3.5]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
b.
Oaths. The officer presiding at the hearing, 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, N.J.S.A. 2A-1 et seq., shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
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 in lieu
thereof, or request to any interested party at his expense.
[1979 Code § 20-3.6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the City at least ten (10) days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property, as shown
on the current tax duplicates, located within two hundred (200) feet
in all directions of the property which is the subject of such hearing
and whether located within or without the City. Such notice shall
be given by serving a copy thereof on the owner, as shown on the current
tax duplicate, or his agent in charge of the property, or mailing
a copy thereof by certified mail to the property owner at his address
as shown on the current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice-president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving
property located within two hundred (200) feet of an adjoining municipality
shall be given by personal service or certified mail to the clerk
of such municipality, which notice shall be in addition to the notice
required to be given pursuant to paragraph b to the owners of lands
in such adjoining municipality which are located within two hundred
(200) feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County master plan, adjoining
other County land or situated within two hundred (200) feet of a municipal
boundary.
e.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds one hundred fifty (150) acres or five hundred
(500) dwelling units. Such notice shall include a copy of any maps
or documents required to be on file with the City Clerk pursuant to
N.J.S.A. 40:55D-10b.
f.
All notices hereinabove specified in this subsection 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.
g.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
h.
All notices required to be given pursuant to the terms of this chapter
shall state the date, time and place of the hearing, the nature of
the matters to be considered and identification of the property proposed
for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the City
Tax Assessor's office, and the location and times at which any
maps and documents for which approval is sought are available as required
by law.
[1979 Code §§ 20-3.7; 23-3.12]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the City, or Tax Assessor, shall within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars 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 28-4.6b.
[1979 Code § 20-3.8]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board which shall include findings
of fact and legal conclusions based thereon.
b.
Within ten (10) days of the date of the decision, a copy of the decision
shall be mailed by the Board 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 by the Board for such service. A copy
of the decision shall also be filed in the office of the City 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 City.
[1979 Code § 20-3.9]
A brief notice of every final decision shall be published in
the official newspaper of the City. Such publication shall be arranged
by the secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. Such
notice shall be sent to the official newspaper for publication within
ten (10) days of the date of any such decision.
[1979 Code § 20-3.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application,
or, if it is shown that taxes or assessments are delinquent on such
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments,
or the making of adequate provision for the payment thereof in such
manner that the City will be adequately protected.
[1979 Code § 20-4.1]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the City based on or made in the enforcement of the zoning chapter, or official map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal in the manner set forth in subsection 28-2.7a and in accordance with the provisions of N.J.S.A. 40:55D-69 through N.J.S.A. 40:55D-76.
[1979 Code § 20-5.1]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in that statute, unless
a contrary intention is clearly expressed from the context of this
chapter or any other ordinance of the City.
[1979 Code § 20-5.2]
All sections of the land subdivision ordinance, zoning ordinance,
or any other ordinance of the City which contains provisions contrary
to this chapter shall be and are hereby, to the extent of such inconsistency,
repealed.
[1979 Code § 20-5.3]
Pursuant to the provisions of N.J.S.A. 40:55D-90, the substantive
provisions of the existing land subdivision ordinance known as The
Land Subdivision Ordinance of the City of Linden, passed August 15,
1967 and approved August 16, 1967 and as amended and supplemented
August 21, 1968, and the existing Zoning Ordinance known as the City
of Linden Zoning Ordinance, passed August 20, 1974 and approved August
21, 1974, and as amended and supplemented October 16, 1974, twice,
February 5, 1975, August 20, 1975, and February 18, 1976, and the
development regulations set forth therein shall continue in full force
and effect for a period of twelve (12) months from the effective date
of the Act or until the City exercises the authority delegated by
the Act to regulate development, whichever occurs first.
[1979 Code § 20-5.4]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 28-5.
[1979 Code § 20-5.5]
This chapter shall be known and may be cited as The Land Use
Procedures Ordinance of the City of Linden.
[1979 Code § 20-5.7]
Immediately upon adoption of this chapter, the City Clerk shall
file a copy of this chapter with the County Planning Board as required
by law. The Clerk shall also file with the County Planning Board copies
of all other ordinances of the City relating to land use, such as
the subdivision and zoning ordinances.
