[Ord. 1976-32; Ord. 1976-46; Ord. 1981-13; Ord. 1984-27]
There is hereby established pursuant to Chapter 291 P.L. 1975
(N.J.S. 40:55D-1 et seq.) in the Township of East Windsor a planning
board of nine members consisting of the following four classes:
Class I. The mayor.
Class II. One of the officials of the township other than a
member of the governing body to be appointed by the mayor.
Class III. A member of the governing body to be appointed by
it.
Class IV. Six other citizens of the municipality to be appointed
by the township council.
The members of Class IV shall hold no other municipal office,
except that one member may be a member of the zoning board of adjustment
and one may be a member of the board of education. The member of the
environmental commission, who is also a member of the planning board
as required by N.J.S. 40:56A-1 shall be a Class IV planning board
member unless there be among the Class IV members of the planning
board both a member of the zoning board of adjustment and a member
of the board of education, in which case the member of the environmental
commission shall be deemed to be a Class II member of the planning
board.
The township council shall appoint to the planning board two
alternate members. Alternate members shall be appointed by the council
and shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment 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 terms of the alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the township council for the unexpired term only.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
The terms 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, except for
a Class II member who is also a member of the environmental commission.
The term of a Class II or Class IV member who is 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.
The term of a Class IV member of the board of adjustment or
a board of education shall terminate whenever he is no longer a member
of such other body or at the completion of his Class IV term, whichever
occurs first.
All Class IV members shall be appointed for terms of four years,
except as otherwise hereinabove provided. All terms shall run from
January 1 of the year in which the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled for the remainder of the unexpired term
by appointment as above provided.
The planning board annually shall elect a Chairman and Vice
Chairman from the members of Class IV and select a secretary who may
be a member of the planning board.
There is hereby created the office of planning board attorney.
The planning board may annually appoint a planning board attorney
who shall be an attorney other than the municipal attorney. He shall
serve at a rate of compensation fixed by ordinance.
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's expenditures shall not, however, exceed the sum of the
amount appropriated by the governing body for its use and whatever
gifts or grants it may have received. In no event shall any expenditure
of an amount not appropriated be made in anticipation of reimbursement
through gift or grant.
The planning board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and to adopt and, from time to time, to 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, in accordance with the provisions
of N.J.S. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinance
and site plan review ordinance of the township in accordance with
the provisions of said ordinances and N.J.S. 40:55D-1 et seq.
c.
To participate in the preparation and review of progress 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 prepare annually, pursuant to N.J.S. 40:55D-29-31 inclusive,
a program of municipal capital improvement projects projected over
a term of six years, and amendments thereto, and recommend same to
the governing body.
f.
To consider and make a 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. 40:55D-26(a), and also
pass upon other matters specifically referred to the planning board
by the township council, pursuant to the provisions of N.J.S. 40:55D-26(b),
except for any matter under the jurisdiction of the board of adjustment.
g.
Whenever the proposed development requires approval pursuant
to N.J.S. 40:55D-1, et seq. of a subdivision, site plan or conditional
use, but not a variance pursuant to N.J.S. 40:55D-70d, to grant to
the same extent and subject to the same restrictions as the zoning
board of adjustment:
1.
Variances pursuant to N.J.S. 40:55D-70c.
2.
Direction pursuant to N.J.S. 40:55D-34 of said act for issuance of
a permit for building or structure in the bed of a mapped street or
public drainage way, flood control basin or public area reserved pursuant
to N.J.S. 40:55D-32 of said act.
3.
Direction pursuant to N.J.S. 40:55D-36 of said act for issuance of
a permit for a building or structure not related to a street.
4.
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.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the planning board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zoning plan
and zoning ordinance.
h.
To perform such other advisory duties as are assigned to it
by ordinance or resolution of the governing body or other agencies
or officers.
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 described in approved minor
subdivision, is filed by the developer with a county recording officer,
the municipal engineer and the municipal tax assessor.
b.
Preliminary Approval Major Subdivisions. Upon submission of
a complete application for a subdivision of ten 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 ten 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 21-1.7g, the planning board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in N.J.S. 40:55D-1, et seq. 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.
Applications for development within the jurisdiction of the
planning board pursuant to the provisions of C. 291 P.L. 1975, (N.J.S.
40:55D-1 et seq.) shall be filed with the secretary of the planning
board. At the time of filing the application but in no event less
than ten 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 the zoning ordinance or any rule
of the planning board. The applicant shall obtain all necessary forms
from the secretary of the planning board. The secretary of the board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the board.
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.
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.
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. 2A:67A-1 et seq.) shall apply.
[Ord. 1976-32; Ord. 1976-46; Ord. 1981-13; Ord. 1984-27; Ord. 1986-7]
A zoning board of adjustment is hereby established pursuant
to N.J.S. 40:55D-1 et seq., consisting of seven residents of the Township
of East Windsor appointed by the township council to serve for terms
of four years from January 1 of the year of their appointment.
No member of the zoning board of adjustment may hold any elective
office or position under the municipality.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
The township council shall appoint two alternate members to
serve on the zoning board of adjustment. Alternate members shall have
the same qualifications as full members. Alternate members shall be
designated at the time of appointment by the council as "Alternate
No. 1" and "Alternate No. 2". The terms of the alternate members first
appointed shall be so determined that to the greatest practicable
extent, the expiration of such terms shall be distributed evenly over
the first two years after their appointment. Thereafter, the term
of each alternate member shall be two years. A vacancy occurring otherwise
than by expiration of term shall be filled for the unexpired term
only.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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.
The board of adjustment annually shall elect a chairman and
vice chairman from its members and shall also select a secretary who
may be a board member.
Notwithstanding any other provisions of this chapter, on 1 January,
1977, three members shall be appointed to the zoning board of adjustment;
one for a term of four years, one for a term of three years and one
for a term of two years. Thereafter, all appointments shall be for
a term of four years.
There is hereby created the office of attorney to the zoning
board of adjustment. The zoning board of adjustment may annually appoint
a zoning board of adjustment attorney, who shall be an attorney other
than the municipal attorney. He shall serve at a rate of compensation
fixed by ordinance.
The zoning board of adjustment may also employ or contract for
services of expert and other staff and services as it may deem necessary.
The board's expenditures shall not, however, exceed the sum of the
amount appropriated by the governing body for its use and whatever
gifts or grants it may have received. In no event shall any expenditure
of an amount not appropriated be made in anticipation of reimbursement
through gift or grant.
The zoning board of adjustment 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. 2A:67A-1 et seq.) shall apply.
a.
The powers of the zoning board of adjustment shall be in accordance
with N.J.S. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the
zoning board of adjustment as full and complete powers as may lawfully
be conferred upon such board, including, not by way of limitation,
the authority, in connection with any case, action or proceeding before
the board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c.
The board may, in appropriate cases and subject to appropriate
conditions and safeguard grant variances from the terms of this chapter
in accordance with the general or specific rules contained herein,
and with the general rule that equity shall be done in cases where
the strict construction of the provisions of this ordinance 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 said Chapter 291,
P.L. 1975, (N.J.S. 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.
a.
Appeals to the board of adjustment may be taken by any person
affected by any decision of an administrative office, or by an officer,
department, board, or bureau of the township officer. Each appeal
shall be taken within the 20 days prescribed by the statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with three copies of the notice with the secretary of the
board of adjustment. The notice of appeal shall specify the grounds
for said appeal. The officer from whom the appeal is taken shall forthwith
transmit to the board all the papers constituting the record upon
which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the board
of adjustment without prior application to an administrative officer,
shall be filed with the secretary of the zoning board of adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than ten 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 proceeding 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.
In exercising the above mentioned power, the board of adjustment,
in conformity with the provisions of C. 291, P.L. 1975 (N.J.S. 40:55D-1
et seq.), or amendments thereto or subsequent statutes, may reverse
or affirm wholly or partly or may modify the order, requirement, decision,
or determination appealed from, and make such other requirement, decision
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
Any variance from the terms of this chapter hereafter granted
by the board of adjustment permitting the ejection or alteration of
any structure or structures, or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within one year from the date of entry of the judgment or determination
of the board of adjustment; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the board of adjustment to
the governing body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
The board of adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the 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.
b.
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.
c.
(1) Where: (a) by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation 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; (2) where in an application or appeal relating to a specific piece of property the purposes of N.J.S. 40:55D-1, et seq. would be advanced by a deviation from the township zoning ordinance requirements and the benefits to the township of the deviation would substantially outweigh any detriment to the township, grant a variance to allow departure from the township zoning ordinance requirements; provided, however, that no variance from those departures enumerated in subsection 21-2.10d shall be granted under this paragraph 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 has power to review a request for a variance pursuant to N.J.S. 40:55D-60a.
d.
In particular cases and for special reasons, grant a variance to allow departure from the requirements of the township zoning ordinance to permit: (1) a use or principal structure; (2) an expansion of a nonconforming use; (3) deviation from a specification or standard pursuant to N.J.S. 40:55D-67 pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio as defined in Section 20-3; (5) an increase in the permitted density as defined in Section 20-3 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. A variance under this paragraph shall be granted only by affirmative vote of at least five members.
e.
No variance or other relief may be granted under the provisions
of this section unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning 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.
The zoning board of adjustment shall, in addition to the powers specified in subsection 21-2.10, have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S. 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.
b.
Direct issuance of a permit pursuant to N.J.S. 40:55D-36 for
a building or structure not related to a street.
The board of adjustment shall have the power to grant to the same extent and subject to the same restrictions as the planning board subdivision or site plan approval, pursuant to N.J.S. 40:55D-37 through 59, inclusive, or conditional use approval pursuant to N.J.S. 40:55D-67 whenever the proposed development requires approval by the board of adjustment of a variance pursuant to N.J.S. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the board of adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in these ordinances, for the approval in question, and the special vote pursuant to the aforesaid paragraph d of subsection 21-2.10 shall not be required.
The board of adjustment shall render its decision not later
than 120 days after the date (1) an appeal is taken from the decision
of an administrative officer, or (2) the submission of a complete
application for development to the board pursuant to the provisions
of N.J.S. 40:55D-72b.
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.
Whenever an application for development requests relief pursuant to the last paragraph of subsection 21-2.11, the board of adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided for the approval in question. Failure of the board of adjustment 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 board of adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county
planning board is required by N.J.S. 40:27-6.3, in the case of a subdivision,
or N.J.S. 40:27-6.6, in the case of a site plan, the municipal board
of adjustment shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the county planning
board or approval by the county planning board by its failure to report
thereof within the required time.
An application 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.
[Ord. 1976-32; Ord. 1981-13; Ord. 1982-8; Ord. 1984-27; Ord. 1985-32; Ord. 1990-17; Ord.
1991-10; Ord. 1996-9]
No member or alternate 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 or alternate 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.
Meetings of both the planning board and zoning board of adjustment shall be scheduled and conducted in accordance with subsection 2-2.5 and section 2-2A of the Revised General Ordinances of the Township of East Windsor.
Failure of a motion to receive the number of votes required
to approve an application for development pursuant to the exceptional
vote requirements of N.J.S. 40:55D-34 or N.J.S. 40:55D-70d shall be
deemed an action denying the application.
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 township clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the board.
The township manager is hereby designated and empowered to act
as the administrative officer for purposes of the Municipal Land Use,
N.J.S.A. 40:55D-1, et seq.
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. 40:55D-1
et seq., or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as
he may designate shall have 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. 1938 (N.J.S. 2A: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 hearings, 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.
f.
A member of the planning or zoning board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such board member has available to him the transcript or recording
of all of the hearing from which he was absent, and certifies in writing
to the board that he has read such transcript or listened to such
recording.
Whenever a hearing is required on an application for development
pursuant to N.J.S. 40:55D-1 et seq., and no specific requirements
for notice as to that type of bearing are set forth in the zoning
ordinance, 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 ten 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 or duplicates located within 200
feet in all directions of the property which is the subject of such
hearing and whether located within or without the municipality in
which applicant's land is located. Such notice shall be given by:
(1) serving a copy thereof on the 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. A return receipt is not
required. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon
its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice requirements of this section 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 to a condominium association, horizontal
property regime, community trust or homeowner's association, because
of its ownership of common elements or area 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 21-3.6b, to the owners of lands in such adjoining municipality which is 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 situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail
to the Commissioner of Transportation on 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 township clerk pursuant to N.J.S. 40:55D-10b.
g.
All notices hereinabove specified in this section shall be given
at least ten days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall
be deemed to be complete upon mailing in accordance with the provisions
of N.J.S. 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.
Pursuant to the provisions of N.J.S. 40:55D-12c, the tax assessor of the township shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10 (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 21-3.6b.
[1]
Editor's Note: The Development Application Checklist
is included as an attachment to this chapter.
a.
Each decision on any application for development shall be reduced
to writing and shall include findings of facts and conclusions based
thereon through:
1.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Such resolution shall be adopted
by vote of a majority of the members of the municipal agency who voted
for the action taken. An action resulting from the failure of a motion
to approve an application shall be memorialized by resolution as provided
above, and shall be adopted by vote of a majority of the members of
the municipal agency who voted against the motion for approval. The
vote on any such resolution shall be deemed to be a memorialization
of the action of the municipal agency and not to be an action of the
municipal agency. However, the date of such adoption shall constitute
the date of the decision for purposes of the mailings, filings and
publications required by subsections 21-3.8b and 21-3.9.
If the municipal agency fails to adopt a resolution or memorializing
resolution as provided above, any interested party may apply to the
Superior Court in a summary manner for an order compelling the municipal
agency to reduce its findings and conclusions to writing within a
stated time, and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
b.
A copy of the decision shall be mailed by the board within ten
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 be 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 municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such application shall be arranged by the secretary of the zoning board of adjustment or the planning board, as the case may be, and sent to the official newspaper for publication within ten days of the date of any such final decision. The actual cost of publication, together with a twenty-five ($25.00) dollar administrative fee, shall be charged to the applicant for whom any such final decision is rendered to be automatically deducted from the escrow account established by such applicant pursuant to section 20-32. If the applicant has no such escrow account, the actual cost of publication together with a twenty-five ($25.00) dollar administrative fee shall be billed directly to the applicant for payment by the applicant within ten days of receipt of the charge.
Pursuant to the provisions of N.J.S. 40:55-39 and N.J.S. 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.
[Ord. 1976-32; Ord. 1981-13; Ord. 1984-27]
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 appeals shall be taken in the manner set forth in subsection 21-2.7 hereof
An appeal from any final decision of the zoning board of adjustment
approving an application for development pursuant to N.J.S. 40:55D-7d
may be taken to the township council provided such appeal shall be
made within ten days of the date of publication of such final decision
of the zoning board of adjustment. Such appeal shall be made in accordance
with the provisions of N.J.S. 40:55D-17.
[Ord. 1976-32]
Preliminary approval of a major subdivision or of a site plan
shall, except as provided in subsection d of this section, confer
upon the applicant the following rights for a three year period from
the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layouts and design standards for streets, curbs and
sidewalks; lot size; yard dimensions and off-tract improvements; and,
in the case of a site plan, any requirements peculiar to site plan
approval; except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
b.
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary subdivision plat or site plan, as the
case may be.
c.
That the applicant may apply for and the planning board may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
d.
In the case of a subdivision of or site plan for an area of 50 acres or more, the planning board may grant the rights referred to in subsections a, b, and c above, for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
a.
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval; provided that, in the case
of major subdivision, the rights conferred by this section shall expire
if the plat has not been duly recorded within the time period provided.
If the developer has followed the standards prescribed for final approval,
and, in the case of a subdivision, has duly recorded the plat as required,
the planning board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this act, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
b.
In the case of a subdivision or site plan for a planned unit
development or planned unit residential development or residential
cluster of 50 acres or more or conventional subdivision or site plan
for 150 acres or more, the planning board may grant the rights referred
to in paragraph a of this subsection for such period of time, longer
than two years, as shall be determined by the planning board to be
reasonable, taking into consideration (1) the number of dwelling units
and nonresidential floor area permissible under final approval, (2)
economic conditions, and (3) the comprehensiveness of the development.
The developer may apply for thereafter, and the planning board may
thereafter grant, an extension of final approval for such additional
period of time as shall be determined by the planning board to be
reasonable taking into consideration: (1) the number of dwelling units
and nonresidential floor area permissible under final approval, (2)
the number of dwelling units and nonresidential floor area remaining
to be developed, (3) economic conditions, and (4) the comprehensiveness
of the development.
a.
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.
b.
No subdivision plat shall be accepted for filing by the county
recording officer until it has been approved by the planning board
as indicated on the instrument by the signature of the chairman and
secretary of the planning board or a certificate has been issued pursuant
to the township subdivision ordinance. The signatures of the chairman
and secretary of the planning board shall not be affixed until the
developer has posted the guarantees required pursuant to the township
subdivision ordinance. If the county recording officer records any
plat without such approval, such recording shall be deemed null and
void, and upon request of the municipality, the plat shall be expunged
from the official records.
c.
It shall be the duty of the county recording officer to notify
the planning board in writing within seven days of the filing of any
plat, identifying such instrument by its title, date of filing, and
official number.
[Ord. 1976-32]
Whenever the planning board is granting a variance pursuant
to N.J.S. 40:55D-60A or whenever the board of adjustment is granting
a site plan or subdivision approval pursuant to N.J.S. 40:55D-63B,
each board shall observe all requirements put forth in township ordinances
as to substance and procedure to governing the processing and consideration
of an application by the board which would have jurisdiction over
the application but for the operation of the above stated statutes.
[Ord. 1976-39]
Whenever a term is used in this chapter which is defined in
C. 291 Laws of New Jersey 1975, (N.J.S. 40:55D-1 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 or the zoning or subdivision
ordinance.
Immediately upon adoption of this chapter, the township clerk
shall file a copy of this ordinance 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.
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Township of East Windsor".
