[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:
a.
Class I: the Mayor.
b.
Class II: one of the officials of the municipality other than a member
of the Governing Body to be appointed by the Mayor.
c.
Class III: a member of the Governing Body to be appointed by it.
d.
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]
a.
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.
b.
Alternate members shall be appointed by the same appointing authority
as regular members of Class IV.
c.
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."
d.
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.
e.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
f.
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote, instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[1972 Code § 19A-1.2]
a.
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.
b.
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.
[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:
a.
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.
b.
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.
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 years, and amendments thereto, and recommend
the same to the Governing Body.
f.
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).
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 paragraph c of N.J.S.A. 40:55D-70 as amended.
2.
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.
3.
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.
h.
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]
a.
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.
b.
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.
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 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.
d.
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.
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.
b.
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.
c.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
d.
Alternate Members.
1.
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."
2.
The term of each alternate member shall be two years.
3.
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]
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, 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.
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 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]
a.
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.
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.
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.
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.
[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]
a.
The Board of Adjustment shall have such powers as are granted by
law to:
1.
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.
2.
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.
3.
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.
4.
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.
b.
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]
a.
The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 19A-2.10, have power given by law to:
1.
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.
2.
Direct issuance of a permit pursuant to N.J.R.S. 40:55D-36 for a
building or structure not related to a street.
b.
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]
a.
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).
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; amended 11-2-2021 by Ord. No. 2021-32]
a.
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.
b.
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.
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 Law, Ch. 231, Laws of
1975.
f.
Broadcasting
on Public Service Channel. The Township must take all steps necessary
to cause Piscataway Community Television, or any successor that provides
non-commercial public, educational and/or governmental access programming
for the Township of Piscataway, to broadcast contemporaneously all
public portions of Planning Board and Zoning Board meetings.
g.
Employing
Online Meeting Platforms. In addition to conducting Planning Board
and Zoning Board meetings in person, as required by state law, the
Township shall provide the public access to the public portions of
such meetings through the use of streaming services and other online
meeting platforms.
h.
Posting
and Archiving Documents on Township Website. The Township shall post,
on a timely basis all notices, agendas, and approved minutes of all
Township Planning Board and Zoning Board of Adjustment meetings that
are subject to the Open Public Meetings Act on the official Township
of Piscataway website as well as any recordings required to be made
pursuant to this section. Such notices, agendas, recordings and minutes
shall be archived and remain on the Township website for a period
of seven years.
[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]
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 this chapter.
b.
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.
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 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:
a.
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.
b.
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.
c.
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.
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 situate within 200 feet of a municipal boundary.
e.
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.
f.
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]
g.
1.
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.
2.
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.
3.
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.
4.
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.
h.
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.
i.
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.
j.
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.
k.
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]
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.
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.
[Added 12-15-2020 by Ord.
No. 2020-35]
a.
No Certificate of Occupancy shall be issued by the Municipal Certificate
of Occupancy Official to a developer or owner of a piece of property
located within the Township if said developer or owner is required,
pursuant to the approved final site plans or subdivision plan or subdivision
plat maps, to provide the Township with a right of way in fee simple
and/or a temporary or permanent easement, or the like, and has not
yet recorded same with the Middlesex County Clerk and furnished a
recorded copy to the Township.
[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; Ord. No. 12-29;
amended 6-27-2023 by Ord. No. 2023-18]
a.
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.
|
1. Application for development permit
| |
|
(Zoning permit, residential)
nonresidential
|
$40
$75
|
|
2. Conceptual review
|
$500
|
|
3. Minor subdivision application
| |
|
(a) Application fee
|
$350.
|
|
4. Major subdivision application
| |
|
(a) Preliminary application fee
|
$500 plus $50/lot
|
|
(b) Final application fee
|
50% of preliminary application fee
|
|
5. Minor site plan application (less than 10,000 square feet
of additional construction plus additions over 10,000 square feet)
|
$450
|
|
6. Major site plan application
| |
|
(a) Preliminary application fee
|
$500
|
|
(1) Residential (including multifamily and planned
residential but not including sheltered care, nursing homes or other
medical/institutional uses) the sum of:
| |
|
(i) For each new dwelling unit plus
|
$75
|
|
(2) Uses other than residential
| |
|
(i) For each square foot of new construction up
to 1,000 square feet
|
$1 per s/f
|
|
(ii) For each 1,000 square feet thereafter
|
$10 per 1,000 s/f
|
|
(iii) For each proposed new or additional parking
space (only if no new construction)
|
$20/space
|
|
(iv) For each proposed free standing sign
|
$50
|
|
(b) Final application fee
|
50% of the total preliminary fee
|
|
7. Appeals of decisions of administrative official
|
$500
|
|
8. Interpretation of the land use and development regulations
or zoning map
|
$350
|
|
9. Certification as to prior nonconforming use
| |
|
(a) Application to administrative officer (up to
one year from adoption of ordinance)
|
$10
|
|
(b) Application to board of adjustment
|
$500
|
|
10. Variances
| |
|
(a) Hardship or bulk variance
|
$350
|
|
(1) Except residential additions, including sheds,
decks, porches, garage conversions, rooms, etc.
|
$50
|
|
(b) Use variance
|
$500
|
|
(c) Variance for frontage on unimproved road
|
$300
|
|
11. Conditional uses
|
$500
|
|
12. Extension of approval
|
$100
|
|
13. Temporary use permit
|
$500
|
|
14. Publication of decision
|
$25
|
b.
Miscellaneous Fees.
|
1. Reproduction of records
| |
|
(a) Duplication of tape recordings
|
$25/meeting
|
|
(b) Prints from microfilm
|
$50
|
|
2. Conditional hearings (other than use variances)
|
10% of original filing fee for all hearings continued beyond
initially scheduled hearing date
|
|
3. Special meeting (where granted)
|
$1,500
|
|
4. Fee for extension of time requested by applicant
|
$25
|
|
5. Zoning Officer opinion letters
|
minimum $750
|
[1972 Code § 19A-7]
Each application for a certificate of occupancy shall be accompanied
by a fee in accordance with the following schedule:
|
a. Mandatory code enforcement letter
|
$15
|
|
b. State Uniform Construction Code Enforcement Fees
|
See subsection 14-1.3
|
[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]
a.
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.
b.
Fees for technical and/or professional services shall be in addition
to any and all other required fees.
c.
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.
d.
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.
e.
Each applicant shall provide the Township with a Federal Tax Identification
Number or Federal Social Security number.
f.
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.
g.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
The professional escrow deposit for a capital project review shall
be $1,200.
d.
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.
|
Subdivision Fees
|
Number of Lots
|
Fee
|
|---|---|---|
|
Minor Subdivision
|
2 lots or fewer:
|
$250 per lot
|
|
Major Subdivision
(Preliminary)
|
3 to 10 lots:
|
$2,000
|
|
11 to 25 lots:
|
$3,000
| |
|
26 to 50 lots:
|
$4,000
| |
|
51 to 100 lots:
|
$6,000
| |
|
101 to 250 lots:
|
$8,000
| |
|
251 to 500 lots:
|
$10,000
| |
|
Over 500 lots:
|
$12,000
| |
|
Final Subdivision
|
3 to 25 lots:
|
$1,000
|
|
26 to 100 lots:
|
$2,000
| |
|
101 to 500 lots:
|
$3,000
| |
|
Over 500 lots:
|
$4,000
| |
|
Site Plan Fees Preliminary
| ||
|
Residential Site Plan
|
Number of Units
|
Fee
|
|
1 to 9
|
$1,500
| |
|
10 to 25
|
$3,000
| |
|
26 to 50
|
$4,500
| |
|
51 to 100
|
$6,000
| |
|
101 to 250
|
$7,500
| |
|
251 to 500
|
$10,000
| |
|
Over 500
|
$12,000
| |
|
Nonresidential Site Plan Principal Buildings over 1,000 square
feet
|
Gross Floor Area
(Square Feet)
|
Fee
|
|
1,000 to 2,500
|
$1,500
| |
|
2,501 to 5,000
|
$2,500
| |
|
5,001 to 10,000
|
$4,000
| |
|
10,001 to 15,000
|
$6,000
| |
|
15,001 to 20,000
|
$8,000
| |
|
20,001 to 25,000
|
$10,000
| |
|
25,001 to 100,000
|
$12,500
| |
|
Over 100,000
|
$15,000
| |
|
Principal Building Less than 1,000 square feet
|
Lot Area
|
Fee
|
|
Up to an acre
|
$1,500
| |
|
1-5
|
$2,500
| |
|
6-10
|
$4,000
| |
|
Over 10
|
$5,000
| |
|
Final for Residential/Nonresidential Site Plan
|
20% of preliminary escrow fee for a minimum of $1,000, whichever
is greater
| |
|
Minor Site Plan
|
(see above)
| |
|
Concept Plans
|
Residential Site Plan/Subdivision: A minimum of $500 shall be
deposited. $50 per unit for the first 200 units and $10 per unit for
the remaining units.
| |
|
Nonresidential Site Plan/Subdivision: A minimum of $500 shall
be deposited. $0.05 per square feet for the first 200,000 square feet
and $0.25 for the remaining square feet. For subdivisions, the fee
shall be based on allowable coverage
| ||
|
Variance Fees
| ||
|
Appeals under 40:55D-70a
|
$1,000
| |
|
Interpretation or special questions under 40:55D-70b
[Ord. No. 2015-11] |
$1,500
| |
|
Variances under 40:55D-70c
|
Residential 1 lot: no charge
| |
|
All Others: $250 each
| ||
|
Nonresidential: $500 each
| ||
|
Variances under 40:55D-70d
|
$1,000
| |
|
Certification of a Nonconforming Use
[Ord. No. 2016-25] |
$2,500
| |
|
Conditional Use
|
$1,000, in addition to site plan
| |
|
Planned Unit Development
|
Fees shall be as for a simultaneous major site plan and major
subdivision application, with fees for residential and nonresidential
development computed separately, and thereafter cumulatively upon
the applicant
| |
|
Estimates of Approval
|
$500
| |
|
Temporary Use Permit
|
$1,000
| |
[1972 Code § 19A-8.6]
a.
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.
b.
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.
