[1972 Code § 19A-1.1]
There is hereby established, pursuant to N.J.S.A. 40:55D-23 et seq., in the Township of Piscataway, a Planning Board of nine members consisting of the following four classes:
Class I: the Mayor.
Class II: one of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor.
Class III: a member of the Governing Body to be appointed by it.
Class IV: six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office. 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.
[1972 Code § 19A-1.1A; N.J.S.A. 40:55D-23.1; New]
Four alternate members may be appointed to the Planning Board for Class IV members, and shall meet the qualifications of Class IV members as set forth in subsection 19A-1.1d.
Alternate members shall be appointed by the same appointing authority as regular members of Class IV.
Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
The terms of the alternate members shall be for two years. The term of not more than two alternate members shall expire in any one year; and provided further that in no instance shall the terms of the alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
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.
[1972 Code § 19A-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 year or terminate at the completion of their respective terms of office, whichever occurs first. The term of a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
All Class IV members shall be appointed for terms of four years. All terms shall run from January 1 of the year in which the appointment is made.
Alternate members to the Planning Board shall be appointed in accordance with the terms as set forth in subsection 19A-1.1A.
[1972 Code § 19A-1.3]
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.
[1972 Code § 19A-1.4]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
[1972 Code § 19A-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.
[1972 Code § 19A-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 exceed, however, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[1972 Code § 19A-1.7]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
To make and adopt and from time to time amend a Master Plan for the physical development of the Township, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township of Piscataway, in accordance with the provisions of N.J.S.A. 40:55D-28.
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township of Piscataway in accordance with the provisions of these ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the Governing Body.
To consider and make report to the Governing Body within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Mayor and Township Council of the Township of Piscataway pursuant to the provisions of N.J.S.A. 40:55D-26(b).
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:
Variances pursuant to paragraph c of N.J.S.A. 40:55D-70 as amended.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
Direction pursuant to N.J.S.A. 40:55D-36 issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officers.
[1972 Code § 19A-1.8]
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 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 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.
Preliminary Approval of Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 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 10 lots, the Planning Board shall grant or deny preliminary approval within 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.
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 19A-1.7g, the Planning Board shall grant or deny approval of the application within 95 days after submission by the development 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.
Final Approval. Application for final subdivision approval shall be granted or denied within 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 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 190 days from the date of signing of the plat.
[1972 Code § 19A-1.9; New]
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 16 days before the date of the monthly meeting of the Board, 16 copies of a sketch plat, 16 copies of an application for minor subdivision approval, 16 copies of an application for major subdivision approval or 16 copies of an application for site plan review, conditional use approval or planned development. The Planning Board shall have 45 days to deem the application complete or incomplete. At the time of filing the application, but in no event less than 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.
[1972 Code § 19A-1.10]
The Mayor may appoint one 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.
[1972 Code § 19A-1.11]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1972 Code § 19A-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. 2A:67A-1 et seq.) shall apply.
[1972 Code § 19A-2.1; New]
A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Township of Piscataway appointed by the Township Council to serve for terms of four years from January 1 of the year of their appointment. The term of each member shall be for four years.
No member of the Zoning Board of Adjustment may hold any elective office or elective position under the municipality, but nothing herein shall prohibit the appointment to the Zoning Board of Adjustment of an individual holding an appointive office or position within the municipality.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
Four alternate members may be appointed to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-69. The alternate members shall be appointed by the Governing Body and shall be designated "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
The term of each alternate member shall be two years.
Each alternate shall be designated by the Chairman and shall serve in rotation during the absence or disqualification of any regular member or members.
[1972 Code § 19A-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.
[1972 Code § 19A-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 Municipal Attorney.
[1972 Code § 19A-2.4]
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[1972 Code § 19A-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.
[1972 Code § 19A-2.6]
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.
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, but 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.
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 from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[1972 Code § 19A-2.7; New]
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by an officer, department, board or bureau of the municipality affected by any decision of the Administrative Officer. Each appeal shall be taken within 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with 16 copies of the 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 the papers constituting the record upon which the action appealed from was taken.
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. Sixteen copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 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 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.
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.
[1972 Code § 19A-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. reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[1972 Code § 19A-2.9]
Effective immediately, the rights conferred by the grant of any variance hereafter granted by the appropriate municipal agency, thus permitting the erection or alteration of any structure or structures or permitting a specific use of any premises, or by the subdivision of any parcel of land into one or more lots (some or all of which do not conform to the zoning requirements of the Township) shall continue to be in effect only so long as the rights conferred upon the applicant by the grant of the minor subdivision (N.J.S.A. 40:55D-47); preliminary major subdivision (N.J.S.A. 40:55D-49); final major subdivision (N.J.S.A. 40:55D-50); minor site plan (N.J.S.A. 40:55D-46.1); preliminary major site plan (N.J.S.A. 40:55D-49); or final major site plan (N.J.S.A. 40:55D-50) application, in conjunction with which the variance was sought and granted, shall continue.
If an applicant has exercised rights pursuant to N.J.S.A. 40:55D-76b to bifurcate a variance application and any required site plan, subdivision or conditional use application, the applicant shall submit a complete site plan, subdivision or conditional use application, in proper form, to the appropriate municipal agency for review within 120 days of the date of approval of the variance, or the variance shall expire.
If the development application submitted by the developer is not complete prior to the expiration of the aforesaid 120-day period, the variance approval shall expire. The obligation to submit a complete application shall vest with the applicant. Compliance with this requirement shall not be affected by the inability of the Township Administrative Officer to rule on the completeness of the application within the 120-day period. The applicant may challenge the decision of the Administrative Officer as to the completeness of the application by filing an appeal of such decision pursuant to N.J.S.A. 40:55D-70(a). If the Zoning Board of Adjustment shall overrule the decision of the Administrative Officer as to completeness, the applicant shall be deemed to have complied with the aforesaid 120-day submission requirement. The applicant shall not be in compliance with such requirement if amended plans bringing the application into compliance are submitted to the Administrative Officer after the expiration of said 120-day period.
A variance granted pursuant to the provisions of N.J.S.A. 40:55D-70(a), when not made in conjunction with a site plan or subdivision application, shall expire one year from the date of approval unless the applicant shall have obtained a building permit and begun construction of the contemplated improvement within said one-year period.
The date of approval for the purposes of the section shall be the date the municipal agency votes on the application rather than the date the municipal agency memorializes that decision, unless both dates coincide.
[1972 Code § 19A-2.10; N.J.S.A. 40:55DF-70]
The Board of Adjustment shall have such powers as are granted by law to:
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
Hear and decide requests for interpretation of the map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
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 Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property to grant, upon an application or an appeal relating to such property, a variance from such strict application, so as to relieve such difficulties or hardship including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection 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 paragraph a of N.J.S.A. 40:55D-60.
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 five members of the Board.
No variance or other relief may be granted under the provisions of this section including a use variance for an inherently beneficial use, 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 Ordinance. Any application under any subsection of this section 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.
[1972 Code § 19A-2.11]
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 19A-2.10, have power given by law to:
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
Direct issuance of a permit pursuant to N.J.R.S. 40:55D-36 for a building or 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 Article 6 of N.J.S.A. 40:55D-1 et seq., 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 19A-2.10a4.
[1972 Code § 19A-2.12]
The Board of Adjustment shall render its decision not later than 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-70(b).
Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[1972 Code § 19A-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.
[1972 Code § 19A-3.2]
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meetings so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
Special meeting may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
No action shall be taken at any meeting without a quorum being present.
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.
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 Law, Ch. 231, Laws of 1975.
[1972 Code § 19A-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 Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[1972 Code § 19A-3.4]
The decision as to hold or not hold a special hearing on an application shall rest solely with the Board. If such meeting is held the applicant shall, prior to the special hearing, pay all fees as set forth in Section 19A-6.
[1972 Code § 19A-3.5]
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 this chapter.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 67A-1 et seq., shall apply.
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.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
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 on request to any interested party at his expense.
[1972 Code § 19A-3.6; Ord. No. 08-28]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1, et seq.; an appeal of the determination of an administrative officer pursuant to N.J.S.A. 40:55D-70(a) is filed; or a request for interpretation of the Township Zoning Ordinance pursuant to N.J.S.A. 40:55D-70(b) is filed; the applicant shall give notice thereof as follows:
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all 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 such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 19A-3.6b of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
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 situate within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
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 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6(b) of Ch. 291, Laws of 1975. [N.J.S.A. 40:55D-10]
Every public utility, cable television and local utility having a right of way or easement in the Township interested in receiving notice of hearings may register with the Administrative Officer of the Township. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
The Administrative Officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the Township pursuant to this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12.
The township may impose a registration fee of $10 on any public utility, cable television company or local utility which registers to receive notice pursuant to paragraph g1 of this subsection.
The Administrative Officer of every municipality shall notify the corporate secretary of every local utility and the manager of every cable television company that in order to receive notice by an applicant pursuant to this section the utility and the cable television company shall register with the Township.
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal 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.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1, et seq., the applicant is to give notice thereof except when the application is for a: (1) conventional site plan; (2) minor subdivision; (3) final approval of a major subdivision.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of such service with the Board holding the hearing on the application for development.
[1972 Code § 19A-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12(c) the Tax Collector of the Township of Piscataway shall within seven days after receipt of a request therefor, and upon receipt of payment of a fee of $10 or $0.25 per name, whichever is greater, 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 19A-3.6b of this chapter. This certification shall only be valid for a period of four months.
[1972 Code § 19A-3.8]
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.
A copy of the decision shall be mailed by the Board within 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 by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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.
[1972 Code § 19A-3.9]
A brief notice of the decision of the municipal agency shall be published in the official newspaper of the municipality. The Administrative Officer of the Township shall arrange for such publication. The period of time in which an appeal of a decision may be made shall run from the publication of the decision.
[1972 Code § 19A-3.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[1972 Code § 19A-3.11]
Samples on file in the Office of Planning and Development, Department of Community Development of the Township of Piscataway shall reflect the information required to be submitted as part of the application to the Planning Board or Board of Adjustment for minor subdivisions, preliminary major subdivisions, final major subdivisions, preliminary site plans, final site plans, and variances.
[1972 Code § 19A-4]
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 municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 19A-2.7 of this chapter and in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.
[1972 Code § 19A-5.1]
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-3 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1972 Code § 19A-5.2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance or any other ordinance of the Township of Piscataway which contain provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.
[1972 Code § 19A-5.3]
Pursuant to the provisions of Section 81 of Chapter 291, Laws of 1975, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the Township of Piscataway and the development regulations set forth therein shall continue in full force and effect for an additional one-year period or until the Township exercises the authority delegated by the Act to regulate development, whichever occurs first.
[1972 Code § 19A-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 19A-4 of this chapter.
[1972 Code § 19A-5.5]
This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Piscataway."
[1972 Code § 19A-5.6]
Immediately upon adoption of this chapter, the Municipal 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 municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.
[1972 Code § 19A-6; Ord. No. 05-01; Ord. No. 05-12; Ord. No. 05-37; Ord. No. 08-28; Ord. No. 09-03; Ord. No. 09-34; New]
Development Application Fees. The developer shall, at the time of filing an application, pay a nonrefundable fee to the Township of Piscataway by cash, check, certified check or bank draft in accordance with the fees contained herein. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered.
[1972 Code § 19A-7]
Each application for a certificate of occupancy shall be accompanied by a fee in accordance with the following schedule:
[1972 Code § 19A-8.1]
The escrow deposit fees are established to cover the costs of professional services, including but not limited to: engineering, legal, planning, landscaping, traffic, environmental and other expenses incurred by the Township for the review of submitted materials for specific development applications.
[1972 Code § 19A-8.2]
The Township of Piscataway, acting through its Planning Board and/or Board of Adjustment shall require fees for technical and/or professional services and testimony employed to the Board in reviewing an application. Fees required for this purpose shall be held in an escrow account by the Township.
Fees for technical and/or professional services shall be in addition to any and all other required fees.
The applicant shall pay for professional review services which are reasonably necessary for the review, processing, research and/or memorialization of any application for development.
These services include, but shall not be limited to, an attorney, professional planner, professional engineer, traffic engineer, environmental consultant and/or other professional as deemed necessary by the reviewing Board.
The review services of these professionals shall be charged at the hourly rate authorized or paid by the Township for professional services based upon the current fee schedule.
Each applicant shall provide the Township with a Federal Tax Identification Number or Federal Social Security number.
All payments charged to the individual application escrow deposit shall be pursuant to charges from the professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the escrow deposit was put. Thereafter, the municipality shall, upon written request, provide copies of the vouchers to the developer.
If the salary, staff support and overhead for a professional review are provided by the municipality, the charge to the escrow deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the in-house professionals and support staff by the number of hours spent on the respective review of the application for development. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professionals for the municipality.
[1972 Code § 19A-8.3]
The applicant shall submit the required escrow deposit to the administrative officer prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
Required escrow deposits shall be in the form of cash, money order or check payable to the Township of Piscataway.
[1972 Code § 19A-8.4; Ord. No. 05-12; Ord. No. 05-37; New]
Whenever an applicant requires an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review. There shall be a fee assessed for each informal review that might be required for any reason.
Any escrow deposit received for informal review shall be in addition to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
The professional escrow deposit for a capital project review shall be $1,200.
Zoning opinion letter fees shall be a minimum of $500.
[1972 Code § 19A-8.5; Ord. No. 08-28; Ord. No. 09-18; Ord. No. 2015-11; Ord. No. 2016-25]
The following minimum sums are required to be deposited in an escrow account for applications to the Planning Board and/or Board of Adjustment. Where the initial escrow deposit required exceeds $5,000, the Director of Community Development may, in his discretion, limit the initial deposit to $5,000 and require the balance or a portion thereof upon written notice to the applicant. Immediately following is the schedule of fees.
[1972 Code § 19A-8.6]
Prior to making a determination of completeness upon any application, the Administrative Official shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the Administrative Official or reviewing Board to cover professional costs anticipated for the application, additional funds in the amount of one-third of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
At any time after a determination of completeness, the Administrative Officer may, in his or her discretion, require an increase or decrease in the escrow amount, based upon an estimate of the need for professional services.
[1972 Code § 19A-8.7]
The escrow amount shall be deposited by the Township into an official depository of the Township in a separate interest-bearing escrow account in the name of the Township and the applicant. The custodian of the account shall be the director of finance. The custodian shall notify the applicant, in writing, of the name and address of the depository and the amount of the deposit. Disbursements for professional review services shall be made in accordance with State law and Township procedures. Deposit amounts shall be transmitted pursuant to State statute and applicable Township regulations and ordinances. When charges for review fees are received by the custodian of the escrow account, the amounts shall be transferred to the general fund of the Township for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow as detailed elsewhere in this submission.
[1972 Code § 19A-8.8]
Pursuant to N.J.S.A. 40:55D-53.1, whenever an amount of money in excess of $5,000 shall be deposited by an applicant in the Township for professional services employed by the Township to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for therein, shall continue to be the property of applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow in an account bearing interest at the minimum rate currently paid by the institution or depository on time or saving deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township at the time that the unexpended deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the Township shall retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
[1972 Code § 19A-8.9]
All escrow funds described herein shall be utilized by the appropriate Board to pay the cost of any technical and/or professional services incurred by the Board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 180 days after the final determination by the appropriate board with respect to such application.
[1972 Code § 19A-8.10]
A dispute or appeal as to charges of a professional, or, issues concerning an accounting shall be governed by N.J.S.A. 40:55D-53.1, 53.2 and 53.2A.