Township of Lakewood, NJ Article III PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT [1]

[1] Editor's Note: See Volume I Chapter 2, Administration, § 2-34 Planning Board and § 2-35 Zoning Board of Adjustment of the Revised General Ordinances of the Township of Lakewood, 1999, for the establishment of these Boards.

18-300 Establishment of the Board of Adjustment.

A. The Zoning Board of Adjustment presently in existence pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-69 is hereby continued to consist of seven regular members and two alternates, who shall be residents of the Township. Regular members shall be appointed by the governing body for terms of four years, each computed from January 1 of the year of their appointment, except full terms filled for the first time under this section shall be so fixed (for four or less years) and so arranged that to the greatest practicable extent the expiration of all terms will be distributed evenly over the first four years after the initial appointment. Alternate members shall be appointed by the governing body for terms of two years, each computed from January 1 of the year of their appointment, except full terms filled for the first time under this section shall be so fixed (for two or less years) and so arranged that to the greatest practicable extent the expiration of all terms will be distributed evenly over the first two years after the initial appointment.

B. No member of the Zoning Board of Adjustment shall hold any elective position under the municipality.

C. Any vacancy on said Board occurring other than by expiration of term shall be filled by appointment by the governing body of the municipality to serve for the unexpired term of the member whose term shall become vacant. A member may be removed by the governing body for cause but only after public hearing and other requested procedural due process protection.

D. Yearly, the Board of Adjustment shall organize by selecting from among its regular members a Chairman and Vice Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or a municipal employee.

E. The governing body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment.

F. The office of Board of Adjustment Attorney is hereby created. The Board of Adjustment may annually appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the municipal attorney.

G. The 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.

H. The Board of Adjustment shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

18-301 Powers and Jurisdiction of the Board of Adjustment.

The Board of Adjustment shall have the power to:

A. Error or Refusal: Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement decision or refusal made by an administrative officer based on or made in the enforcement of the Unified Development Ordinance.

B. Exceptions or Interpretations: Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass, by any ordinance or Official Map.

C. Variance of Area or Yard Requirements: Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions; or physical features uniquely affecting a specific piece of property; or by reason of other extraordinary and exceptional situation or condition of such piece of property or the structures thereon, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties or to exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve any difficulties or hardships; where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulations; provided, however, that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this section and provided 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 provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to this chapter.

D. Variance of Use Regulations: In particular cases and for special reasons grant a variance to permit (1) a structure or use in a district restricted against such structure or use; (2) an expansion of a nonconforming use; (3) deviation from a specification or standard pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio; (5) an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or (6) a height of a principal structure which exceeds by ten (10') feet or 10% the maximum height permitted in the district for a principal structure. A variance under this section shall be granted only by affirmative vote of 2/3 of the full authorized membership of the Board.

E. If an application for development requests one or more variances but not a variance for purpose enumerated in Subsection D of this section, the decision on the requested variance or variances shall be rendered under Subsection C of this section.

F. General Provision: No variance or other relief may be granted under the terms of this section including a variance or other relief involving an inherently beneficial use, without showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. Any application to the Board of Adjustment under 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.

G. Other Powers: The Board of Adjustment shall have such other powers as prescribed by law, by affirmative vote of a majority of the full authorized membership of the Board, including but not limited to, the following:

1. By direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map Ordinance of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a building permit is granted. The Board shall impose reasonable requirements as a condition of granting the building permit as to promote the health, morals, safety and general welfare of the public.

The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of permit pursuant to N.J.S.A. 40:55D-60.

2. Direct issuance of a building permit for construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the Municipality or which is (1) an existing State, County or municipal street or highway; or (2) a street shown upon a plat approved by the Municipal Planning Board; or (3) a street on a plat duly filed in the office of the County Recording Officer. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the Township Committee, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the Township Committee, as adequate in respect to the public health, safety, and general welfare of the special circumstance of the particular street and (2) if applicable, it shall have been established that the proposed access conforms with the standards of the State Highway Access Management Code adopted pursuant to the State Highway Access Management Act of 1989. The Board may grant such relief only where enforcement of the statute requirement that a building lot abut a street would entail practical difficult or unnecessary hardship, or where circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements of conditions that will provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and will protect any future street layout shown on the Official Map or on the general circulation plan element of the Municipal Master Plan.

3. 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 plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to § 18-301 of this chapter; provided, however, that the exercise of subdivision and/or plan review by the Zoning Board of Adjustment shall be restricted to that lot (or lots) upon which the proposed variant use is to be situated.

H. Inquiries as to whether a proposed land use is permissible under this chapter shall be submitted in writing to the Board of Adjustment which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

18-302 Appeals and Applications to the Board of Adjustment.

A. Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of an officer of the municipality based on, or made in, the enforcement of this chapter or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the Administrative Officer from whom the appeal is taken specifying the grounds of such appeal. Three copies of the notice shall simultaneously be submitted to the Board of Adjustment. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

B. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Administrative Officer of the municipality. 15 copies of such an application shall be filed with the Secretary of the Board of Adjustment. All plot plans, maps and/or other information required for review by the Zoning Board of Adjustment or this chapter shall be submitted to the Secretary to the Board of Adjustment at least 10 days prior to the date set by the Board of Adjustment for the public hearing on the application. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment.

C. The Board of Adjustment shall render a decision not later than 120 days after the date that (1) an appeal is taken from the decision of an officer of the municipality or (2) a complete application for development is submitted to the Board by a developer. 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.

D. Any appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

E. In acting on any appeal, the Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the officer from whom the appeal is taken.

18-303 Establishment and Composition of the Planning Board.

A. The Planning Board shall consist of nine members of the following four classes. All members of the Planning Board except for the Class II members set forth below, shall be municipal residents.

Class I - The Mayor, or in the Mayor's absence, the Mayor's designee.

Class II - One of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor; provided that if there is an Environmental Committee, the member of the Environmental Committee who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.

Class III - A member of the Township governing body to be appointed by the Township governing body.

Class IV - Other citizens of the Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission, if established pursuant to N.J.S.A. 40:55D-1 and one member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV member unless there be among the Class IV or alternate members of the Planning board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purposes of this section, membership on a Township board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a Township office.

B. Terms

1. The term of the member composing Class I shall correspond with their official tenure. The terms of the members composing Class II and Class III shall be for one year or terminated at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Committee shall be for three years or terminate at the completion of their term of office as a member of the Environmental Committee, whichever comes first.

2. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever they are no longer a member of such other body or at the completion of his Class IV term, whichever comes first.

3. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment and as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

4. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

C. Two Class IV alternate members, who shall be municipal residents, shall be appointed to the Planning Board by the Mayor, and shall meet the qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the term of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term only. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to Section 14 of P.L. 1975, c.291 (C.40:55D-23). 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.

D. The Planning Board shall elect a Chairman and Vice Chairman annually from the members of Class IV, select a Secretary who may or may not be a member or alternate member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member shall not serve as Chairman or Vice Chairman. It may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The governing body shall make provision in its budget and appropriate funds for the expenses of the Planning Board.

E. The Planning Board 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.

F. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

18-304 Powers and Jurisdiction of the Planning Board.

The Planning Board shall have the powers listed below in addition to other powers established by law:

A. Prepare, maintain and administer the 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.

B. Administer the provisions of this chapter.

C. Participate in the preparation and review of programs or plans required by State or Federal law or regulations.

D. Assemble data on a continuing basis as part of a continuous planning process.

E. Prepare a capital improvements program if authorized by the Township Committee.

F. Consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the governing body.

G. The Planning Board shall have such other powers as prescribed by law, including, but not limited to, the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivisions, plans or conditions uses:

1. Variances pursuant to § 18-301C of this chapter from lot area, lot dimension, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted if there is an increase in the permitted density requiring a variance pursuant to § 18-301D.

2. Direction pursuant to § 18-301G1 of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; and

3. Direction pursuant to § 18-301G2 of this chapter for issuance of a permit for a building or structure on a lot not abutting a street.

18-305 Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment.

A. Conflicts of Interest: No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which they have either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify themselves from acting on a particular matter, they shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

B. Meetings

1. Regular meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled for the entire calendar year and set for a certain time an place, no less often than once a month, and shall be held as scheduled unless canceled for lack of applications for development to process.

2. Special meetings may be scheduled 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.

3. No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized Board membership.

4. All actions shall be taken by majority vote of the members of the Board at the meeting except as otherwise required by N.J.S.A. 40:55-D et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, provided, however, that such Board member certifies in writing to the Board that he or she has read a transcript or listened to a recording of all of the hearings from which he or she was absent.

5. All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, C.231, Laws of New Jersey, 1975.

C. Records

1. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Board Secretary. 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.

2. A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The Municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense. Each transcript shall be certified in writing by the transcriber to be accurate.

D. Public Hearing

1. The Planning Board or Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make the rules governing such hearings.

2. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

3. The officer presiding at the hearing, or such person as they 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," P.L. 1953, c.38 (C.2A:67A-1 et seq.) shall apply.

4. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, 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.

5. A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographic, mechanical or electrical means. The Township shall furnish a transcript or duplicate recording in lieu thereof on request to any interested at their expense, provided that the charge for a transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified in writing by the transcriber to be accurate.

6. If an applicant desires a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable Board shall be entire and sole obligation of the applicant or appellant, whichever requests the transcript.

7. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

E. Public Notice of a Hearing

1. Public notice of a hearing shall be given for the following applications for development:

a. Any request for a variance;

b. Any request for conditional use approval;

c. Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street;

d. Any request for major or minor plan approval involving one or more of the aforesaid elements; and

e. Any request for preliminary subdivision approval;

f. Any request for preliminary major site plan approval.

2. Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of Section 37 of P.L.1975, c.291 (C.40:55D-49) and Subsection b of Section 40 of P.L.1975, c. 291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to Section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to Section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to Section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to Subsection a of Section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to Subsection b of Section 57 of P.L.1975, c.291(C. 40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to Section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

3. Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given at least 10 days prior to the hearing by the Administrative Officer to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the State within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the State within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.

4. A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office.

5. 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 and regular mail to the property owner at his address as shown on the said current tax duplicate.

6. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. 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 boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

7. The Administrative Officer shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.

8. The Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a public hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner and necessary proof of notice shall be submitted to the Secretary at least two days prior to the hearing in question:

a. By publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

b. To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or their agent in charge of the property; or by mailing a copy thereof by certified mail to the property owner at the address as shown on the said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).

c. Notice to a partnership owner may be made by service upon any partner; notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

d. To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.

e. To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or the County Master Plan or adjoins other County land.

f. To the Commissioner of the Department of Transportation when the property abuts a state highway.

g. To the Director of the Office of State Planning when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Board Secretary.

h. To the corporate secretary of all public utilities and the general manager of all cable television companies which have registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, possess a right-of-way or easement within the municipality by personal service or certified mail.

i. In addition to any notification requirement otherwise imposed under this chapter, an applicant seeking approval of a development which does not require notice, as provided in § 18-701, shall be required to provide public notice, by personal service or certified mail, to the corporate secretary of any public utility and the general and the general manager of any cable television company that posses a right of way or easement situated within the property limits of the property which is the subject of the application for development approval under this section.

9. Upon an applicant's written request, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged ten (10) dollars for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to § 18-305E above who do not reside within the Township.

10. The applicant shall file an affidavit or proof of service with the Planning Board or Zoning Board of Adjustment, as the case may be.

11. The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and an 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 or documents for which approval is sought are available for inspection.

18-306 Notice of Hearing on Change in Classification or Boundaries of Zoning Districts.

Notice of the hearing on an amendment to this chapter proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given prior to adoption in accordance with the provisions of Section 2 of P.L.1995, c.249 (C.40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions there from inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.

18-307 Notice of Decisions.

Notice of any decision of the Planning Board or Zoning Board of Adjustment when acting upon an application for development and any decision of the governing body when voting upon an appeal shall be given in the following manner:

A. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or appellant, or, if represented, to their attorney without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the required fee.

B. A brief notice of the decision shall be published in the official newspaper of the Township. The cost for such publication shall be charged to the applicant and arranged by either the Secretary of the Planning Board or Zoning Board of Adjustment. The notice shall be sent to the official newspaper for publication within 10 days of the date of decision.

C. A copy of the decision shall also be filed in the office of the Township 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 Township and shall also make the copy of the decision available for public inspection during normal business hours.