Township of Belleville, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. #1978; Ord. #2022]
[Ord. #1978 § 1; Ord. #2022 § 1]
There is hereby established pursuant to C. 291 P.L. 1975 in the Township of Belleville a Planning Board of nine members consisting of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor; provided that if an environmental commission is established, the member of the environmental commission who is also a member of the Planning Board as required by C. 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.
Class III. A member of the Governing Body to be appointed by it.
Class IV. Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the environmental commission who is also a member of the Planning Board as required by R.S. 50:56A.1 shall be a Class IV Planning Board member unless there is 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 Class II member of the Planning Board.
The Planning Board shall have four alternate members, one in each class II and class III and two in Class IV. The terms of Class II and Class III alternate members shall coincide with the terms of the regular members of their class. Alternate members of Class IV shall serve for terms of two years, provided however, that the initial terms of such members shall be one and two years respectively. Class II and Class III alternate members shall serve in the absence of the regular members of their class. Class IV members shall serve in rotation in the absence or disqualification of any regular member or members of that class. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
[Ord. #1978 § 2]
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office whichever occurs first, except for a Class II member who is also a member of the environmental commission. The term of Class II or 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 comes first.
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 he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment 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 term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1st of the year in which the appointment was made, unless an appointment is made to fill an unexpired term.
[Ord. #1978 § 3]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. #1978 § 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.
[Ord. #1978 § 5]
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. #1978 § 6]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and amend a master plan for the physical and social development and policy 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 C. 40:55D-28.
b. 
To administer the provisions of the land subdivision and site plan review ordinance of the Township in accordance with the provisions of the ordinances and the Municipal Land Use Law of 1975, C. 40:55S-1 et. seq.
c. 
To approve conditional uses in accordance with the provisions of the zoning ordinance pursuant to C. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required by State or Federal law or regulations, including preparation of grant proposals and evaluation thereof.
e. 
To assemble data on a continuing basis as a part of a continuous planning process.
f. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Governing Body.
g. 
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 C. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Governing Body, pursuant to the provisions of C. 40:55D26(b).
h. 
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 subsection 57c of Chapter 291 Laws of New Jersey 1975 from lot area, lot dimensional setback and yard requirements; provided that such relief from lot area requirements shall not be granted for more than one lot.
2. 
Direction pursuant to Section 25 of said act 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 Section 23 or said act.
3. 
Direction pursuant to Section 27 of said act for 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.
i. 
To perform such other advisory duties as are assigned to by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officers.
j. 
Whenever the Planning Board shall have adopted any portion of the master plan, the Governing Body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such master plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district, or other authority, redevelopment agency, school board or other similar public agency, State, County or municipal. C. 40:55D-31, Section 22.
k. 
The Planning Board may investigate, study and survey substandard areas within the Township and recommend to the Mayor and Township Council such action as it deems advisable for the rehabilitation and preservation of such areas.
l. 
The Planning Board may study and make recommendations to the Governing Body on an official map.
[Ord. #1978 § 7]
a. 
Minor subdivision shall be any subdivision of land which does not involve the creation or reassembly of more than three lots; which does not involve planned development; which does not involve any new street; and which does not involve the extension of any off-street improvements.
b. 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or subdivision committee of the board find that the application for development conforms to the definition of "minor subdivision" set forth in Section 7a of this chapter.
c. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the board; provided that the board or the subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to C. 40:55D-38, 39, 40 and C. 40:55D-53 of Chapter 291, Laws of 1975.
[Ord. #1978 § 8]
a. 
Major subdivision is any subdivision of land which is not classified as a minor subdivision.
b. 
For all major subdivisions, the Planning Board shall hold a public hearing with public notice given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality; and a notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by C. 40:55D-12 and in following the procedures set forth in C. 40:55D-12.
c. 
As a condition of subdivision or site plan approval, the approving authority may required the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay, his pro-rata share of the cost of off-tract improvements in accordance with C. 40:55D-42.
[Ord. #1978 § 9]
a. 
Minor Subdivision. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board of 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 minor subdivision approval 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; 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 Section 5 of P.L. 1968, C. 285 (C. 40:27-6, 3), the municipal Planning Board shall conditions 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 thereon within the required time period.
Approval of a minor subdivision shall expire 190 days from the date of the Planning Board's 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 Township Engineer, and the Township 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.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
b. 
Preliminary Approval - 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.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3), the municipal Planning Board 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 thereon within the required time period.
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 19-1.6h, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d. 
Final Subdivision 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.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1958, c. 285 (C. 40:27-6.3), the municipal Planning Board 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 thereon within the required time period.
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.
[Ord. #1978 § 10; Ord. #2714 § I; 2715]
a. 
When Required. Site plan review and approval shall be required from the Planning Board for all land development, improvement, rehabilitation, alteration or change in use for any residential, institutional, commercial, industrial development involving an enlargement of an area 750 square feet or more and/or the rehabilitation of 2,500 square feet or more of building area or any vehicular parking or storage lot development in excess of 10 or more vehicles or surface area of 3,500 square feet or more proposed by any private developer or public agency or authority. Approval of the site plan shall be obtained prior to the commencement of any excavations, compactions, removal of soil, clearing of a site, construction or demolition or placing of any fill material on lands contemplated for development. Site plan approval is a prerequisite to the issuance of a building permit. No Certificate of Occupancy shall be issued unless all construction and development conforms to the plans as approved by the reviewing board. In circumstances where the areas are less than the above and where there might involve substantial changes in such matters as traffic, access and parking, lighting, safety and buffer requirements, the director of planning shall review the proposed development to determine if application to the Planning Board is required, regardless of whether a proposed use is permitted.
b. 
Exceptions. Site plan review will not be required for the construction of a single detached one or two family home which are not part of a planned unit development, adjacent to a lot or lots to be developed or constructed for a similar use within a period of one year of the date of a certificate of occupancy.
c. 
Procedure for Preliminary Site Plan Approval.
1. 
The developer shall submit to the Class II member a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
2. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary site plan approval.
3. 
Upon the submission to the Class II member of a complete application for a site plan for 10 acres of land or less, 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 the submission of a complete application for a site plan or more then 10 acres, 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.
d. 
Procedure for Final Site Plan Approval.
1. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and provided the conditions of preliminary approval are met.
2. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Class II member, 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 final approval and a certificate of the Class II member as to the failure of the Planning Board 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 required.
3. 
Whenever review or approval of the application by the County Planning Board is required, the municipal Planning Board shall condition any approval that it grants upon the 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 thereon within the required time period.
[Ord. #1978 § 11]
The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval shall apply.
[Ord. #1978 § 12]
a. 
Effect of Preliminary Approval of a Subdivision Site Plan. Preliminary approval of a major subdivision or of a site plan shall, except as provided in subsection (4) of this section, confer upon the applicant the following rights for a two-year period from the date of the preliminary approval:
1. 
That the general terms and conditions of which preliminary approval as granted shall not be changed, including but not limited to use requirements; layout 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 pursuant to C. 40:55D-41 of this act; 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.
2. 
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.
3. 
That the applicant may apply for the Planning Board may grant extensions of 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.
4. 
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 subsection (1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
(b) 
Economic conditions;
(c) 
The comprehensiveness of the development.
The applicant may apply 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:
(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c) Economic conditions;
(d) The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
b. 
The effect on final approval of a subdivision or site plan.
1. 
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to C. 40:55D-49 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 all rights conferred by this section shall expire if the plat has not been duly recorded with 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 in C. 40:55D-54, 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 chapter the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
2. 
In the case of a subdivision or site plan for a planned unit development or residential cluster of 50 acres or more conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in subsection 1 of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under final approval;
(b) 
Economic conditions;
(c) 
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:
(a) The number of dwelling units and nonresidential floor area permissible under final approval;
(b) The number of dwelling units and nonresidential floor area remaining to be developed;
(c) Economic conditions;
(d) The comprehensiveness of the development.
[Ord. #1978 § 13]
a. 
The Planning Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this section, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
b. 
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to his section, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
c. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivisions, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Ord. #1978 § 14]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of C. 291 P.L. 1975 shall be filed with the Class II member. Applicant shall file at least 14 days before the date of the monthly meeting of the board 10 copies of a sketch plat; 10 copies of applications for minor subdivision approval; 10 copies of application for major subdivision approval or 10 copies of an application for site plan review, conditional use approval, or planned development. At the time of filing the application but in no event less than 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 ordinance or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Class II member. The Class II member shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the board.
The applicant shall pay any necessary filing fees established by the Governing Body.
[Ord. #1978 § 15]
Approved plats for minor subdivisions, preliminary major subdivisions and final major subdivisions shall be signed by the Planning Board Chairman and Secretary. Approved site plans and conditional uses shall be signed by the Planning Board Chairman and Secretary.
[Ord. #1978 § 16]
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.
[Ord. #1978 § 17]
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 Investigation Law of 1953 (N.J.S.A. 2A: 67A-1) shall apply.
[Ord. #1978; Ord. #2022]
[Ord. #1978 § 18; Ord. #2022 § 2]
A Board of Adjustment is hereby established consisting of seven members. The members shall be appointed by the Township Council of the Township, and shall serve for a term of four years each, except that of the original appointees, two shall be appointed for a term of one year, two for the term of two years, two for the term of three years and one for the term of four years. No member may hold any elective office or position under the municipality. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the Governing Body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
The Board of Adjustment shall elect a chairman and vice chairman from its members and select a secretary who may or may not be a member of the Board of Adjustment or a Township employee.
The Zoning Board of Adjustment shall have two alternate members. Alternate members shall be designated by the chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members. Alternates shall be appointed by the Governing Body for terms of two years except that initial terms of such members shall be for one and two years respectively.
[Ord. #1978 § 19]
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 officer based on or made in the enforcement of the zoning ordinance;
b. 
Hear and decide in accordance with the provisions of any such ordinance, requests for interpretation of the zoning map or ordinance, or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance.
c. 
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation would result in peculiar and exceptional practical difficulties to, or 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 such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a 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.
d. 
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by affirmative vote of at least 2/3 of the full authorized membership of the board.
[Ord. #1978 § 20]
a. 
Grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to subsection 19-1.2.
b. 
Direct issuance of a permit for a building or structure in the bed of a mapped street of public drainage way, flood control basin or public area.
c. 
Direct issuance of a permit for a building or structure not related to a street.
d. 
Grant in undeveloped sections of the city temporary and conditional permits for not more than two years, structures and uses in contravention of the use regulations controlling resident zones; provided such uses are important to the development of such undeveloped sections and also provided that such uses are not prejudicial to adjoining and neighboring sections already developed.
e. 
Exempt a proposed building, either in whole or in part, from the front yard requirement in cases where the proposed building adjoins on either or both sides of buildings that do not conform to the minimum setback line or where compliance with the minimum setback line would cause unnecessary hardship to the owner without any compensating benefit to the community.
f. 
Adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.
g. 
Vary any requirement of this chapter in harmony with its general purpose and intent, so that substantial justice may be done. This authority shall be exercised only in instances where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter and in a manner to secure the public health, safety and general welfare.
h. 
Permit the storage of a commercial truck in excess of 1/2 tons capacity in an accessory garage located in a residential zone.
i. 
Permit Any Public Utility in a Restricted Zone. No variance or other relief may be granted under the terms 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. 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.
Whenever an application for development requests relief pursuant to subsection 19-10.3, 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. 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 Section 5 of P.L. 1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, C. 285 (C. 30:27-6.6), 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 thereon within the required time.
[Ord. #1978 § 21]
Appeals and applications to Board of Adjustment may be taken by any interested party affected by any decision of an 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 65 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. 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.
a. 
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
b. 
The Board of Adjustment shall render a 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 of Adjustment.
c. 
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 administrative officer from whom the appeal is taken.
d. 
Stay of proceedings by appeal; exception. An 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.
[Ord. #1978 § 22]
The Board of Adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed with the office of the board and shall be a public record.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter, except as provided in the case of an application under subsection 19-10.2d.
[Ord. #1978 § 23]
a. 
The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment.
b. 
The Board of Adjustment 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 shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use, pursuant to C. 40:55-36.1 (1955, C. 126s.1 as amended); C. 40:55-36.2 (1955, c.126, s.2 as amended).
[Ord. #2240]
[Ord. #2240 § 1]
a. 
In addition to required application fees, an applicant for development for approval of a subdivision, site plan, planned development, conditional use, zoning variance, rezoning, or other form of development authorized or required by ordinance or statute shall be required to establish with the Township one or more escrow accounts for the purpose of paying and/or defraying the Township's costs and expenses for professional services covering the application.
b. 
Professional services contemplated hereunder shall include, but not be limited to, the following:
1. 
City engineer;
2. 
Construction official;
3. 
Professional planners, consultants and advisors to the planning and/or Zoning Board of Adjustment;
4. 
Any other professional or consultant hired or engaged by the Planning Board and/or Zoning Board of Adjustment to aid and assist them in reviewing, evaluating and acting upon development applications, including the hiring of experts for reports and testimony, if deemed appropriate and necessary.
c. 
In addition to the escrow deposits required under paragraph a of this subsection, a developer shall be required to establish with the Township an escrow account, prior to the issuance of any permits, to cover the costs and expenses of inspections and supervision of improvements installed in connection with approved site plans and/or subdivision applications.
[Ord. #2240 § 2]
a. 
The escrow accounts to be established under subsection 19-13.1, paragraphs a and b above shall be fixed and determined as follows:
1. 
The zoning officer shall refer the development application, together with one set of maps and/or reports, if any, to the Township Engineer, the construction official, the approving authority attorney, and the professional consultants and advisors of the approving authority.
2. 
Within 14 days after receipt, the professionals shall submit an estimate of the funds necessary to pay for and/or defray the cost of reviews, reports and other services they deem will be necessary in connection with the application.
3. 
Upon receipt of such estimate, the approving authority shall determine the funds they consider to be reasonable and necessary to pay for and/or defray the costs of its professionals for anticipated services to be rendered in connection with the application.
4. 
Upon notice, the applicant shall forthwith deposit the required funds with the Township, which funds shall be set up in an escrow account. Such funds need not be segregated from other escrow accounts established hereunder but may be mingled and combined into one (or more) accounts.
b. 
The funds so deposited shall be treated as follows:
1. 
After final disposition of the development application, the professionals involved shall submit to the approving authority a detailed statement of services rendered and the cost or value thereof.
2. 
The approving authority shall review these statements and approve, disapprove or modify the same, and shall certify to the Township treasurer the amount finally fixed as the reasonable cost and/or value of all professional services rendered in connection with a development application. Notice of the amount finally fixed shall be given to the applicant.
3. 
Unless the applicant enters a written objection and requests a hearing on the amount so fixed within 10 days after notice thereof, the Township treasurer shall transfer from the escrow account(s) to the Township's general funds, or, if applicable, shall pay over to outside independent professionals or consultants, upon vouchers duly submitted and approved, the amount so fixed by the approving authority.
4. 
Any monies not needed for the above purposes shall be refunded to the applicant within 90 days after final disposition by the approving authority.
5. 
All deposits of escrow funds shall be governed in accordance with N.J.S.A. 40:55D-53.1.
6. 
In the event that the funds deposited by the applicant are found to be insufficient to cover the costs and expenses of the professionals, then the applicant, upon notice, shall be required to deposit additional funds with the Township, to the end that all such professional costs and expenses shall be covered by the applicant.
7. 
No application for development shall be considered complete, and no such application shall be given final approval, until such time as the applicant shall have deposited with the Township all escrow funds due hereunder.
c. 
The escrow accounts to be established under subsection 19-13.1c above shall be fixed and determined, and shall be treated, as follows:
1. 
The amount of such escrow shall be 5% of the total estimated cost of improvements, which costs shall be supplied by the applicant and be subject to review and approval by the Township Engineer, or his designee.
2. 
The inspection of improvements may be conducted by the Township Engineering department, independent consulting engineers engaged by the approving authority for that purpose or the construction official as required.
3. 
Upon notice, the developer shall forthwith deposit the required funds with the Township, which funds shall be set up in an escrow account. Such funds need not be segregated from other escrow accounts established hereunder but may be merged and combined into one (or more) accounts.
4. 
After all inspections have been made, the Township Engineer and/or construction official, if applicable, shall submit to the approving authority a detailed statement of services rendered and the cost or value thereof.
5. 
The approving authority shall review these statements and approve, disapprove or modify the same, and shall certify to the Township treasurer the amount finally fixed as the reasonable cost of or value of services rendered in connection with the inspection and supervision of the improvements installations. Notice of the amount finally fixed shall be given to the developer.
6. 
Unless the developer enters a written objection and requests a hearing on the amount so fixed within 10 days of the notice thereof, the Township treasurer shall transfer from the escrow accounts(s) to the Township's general fund, or, if applicable, shall pay over to outside independent engineers, upon vouchers duly submitted and approved, the amount so fixed by the approving authority.
7. 
Any monies not needed for the above purpose shall be refunded to the developer within 60 days after final approval of the improvements.
8. 
All deposits of escrow funds shall be governed in accordance with N.J.S.A. 40:55D-53.1.
9. 
In the event that the funds deposited by the applicant are found too insufficient to cover the costs and expenses of the inspection services, then the developer, upon notice, shall be required to deposit additional funds with the Township, to the end that all the costs and expenses for such inspections shall be covered by the developer.
[Ord. #2564 § 2]
a. 
Obligation to pay application fees and professional fees incurred during the course of review. Applicants submitting the application set forth herein shall pay such application fees as are due and all reasonable costs for professional services, including engineering, planning and other incurred by the Township in connection with the review by the Planning Board or Zoning Board of Adjustment of the application set forth herein, including costs incurred during any informal review of a concept plan by such board and review to assure that conditions of any approval have been satisfied. Such professional services may be by Township consultants retained by the Township on a general basis or retained specially for an application by the board of jurisdiction or the Township. The applicant shall make an escrow deposit in the amount and manner set forth herein and shall execute an agreement in a form provided by the Township obligating the applicant pay such fees. The application fee is a flat fee to cover direct administrative expenses, is nonrefundable, and distinct from escrow fees.
b. 
Amount of Fees and Escrow Deposits Due. Each applicant shall, prior to its application being deemed complete, submit to the Township treasurer in cash or by certified check or money order the following sums as application fees and escrow deposits. Where one application for development includes more than one approval requests, the sum of the individual required fees shall be paid.
1. 
Subdivision Fees.
Application Fee
Escrow to be Deposited
(a)
Sketch plat
$50
$200
(b)
Minor Subdivision
$100
$350
(c)
Major Subdivision plat
Preliminary plat
$150
$100 per lot
Final plat
$100
$50 per lot
(d)
Subdivision Certification of Approval
$25
$ None Required
2. 
Site Plan Fees.
Application Fee
Escrow to be Deposited
(a)
Site Plan not involving any building area
$50
$200
(b)
Site Plan - sign only
$50
$200
(c)
Concept Plan
$50
$200
(d)
Minor Plan
$100
$250
(e)
Residential, major site plan Preliminary approval
$250
$50 per acre or part thereof and $15 per dwelling provided a minimum of $500 shall be deposited
Final approval
$150
$35 per acre or part thereof and $10 per dwelling providing a minimum of $350 shall be deposited
(f)
Nonresidential major site plans
$350
$50 per 1,000 square feet building gross floor area and $100 per acre or part thereof, provided a minimum of $450 shall be deposited
Preliminary approval
Final approval
$200
$35 per 1,000 square feet building gross floor area and $75 per acre or part thereof, provided a minimum of $450 shall be deposited
3. 
Other Submission.
Application Fee
Escrow to be Deposited
(a)
Conditional use approval
$150
$350
(b)
Appeals under 40:55D-70a
$100
$150
(c)
Interpretation or special questions under 40:55D-70b
$100
None required
(d)
Hardship variance
$100
$200 for each variance
under 40:55D-70c
$100
(e)
Use variance under 40:55D-70d
$250
$350 for each variance
(f)
Permits under
$100
$150
(g)
Modifications of previously approved plans without changes to lot coverage
$150
$250
(h)
All other mod-fictions of previously approved plans
$75
Same as an original application
(i)
Resubmittal of an application for preliminary or final major subdivision or site plan approval where applicant has submitted an application deemed incomplete
$100
F-3
No further deposit required if deposit for original application is still retained by the Township: otherwise, as set forth above for original application
(j)
List of persons within 200 feet
$10 or $0.25 per name, whichever is greater
None required
4. 
If final total square footage is unknown, fees and escrows shall be based upon maximum floor area permitted under Township zoning ordinances.
5. 
For site plans involving expansion, additions and modifications of existing buildings, the per acre fee for modifications of existing buildings, the per acre fee and escrow shall be waived, and only the per square feet shall be changed.
6. 
A minimal escrow fee shall be required in order to offset the cost of the appearance fee for a court reporter in the case of a minor dimensional variance application for residential property, such as for a set back variance for construction of a deck, stairs or a small one room addition pursuant to N.J.S.A. 40:55D-70c.
7. 
Development review fees for either subdivision or site plan applications may be proportioned to stages of submittals as approved by the Planning Board.
8. 
Unexpended escrow deposits for sketch plats and concepts plans shall be created against escrow deposits due upon filing of an application for development.
c. 
Escrow Deposits. Within 45 days after the filing of an application for development, the director of planning shall review the application to determine whether the escrow amounts set forth above are adequate, including whether escrow fees should be charged for applications for which the escrow deposit is listed as "None Required." In conducting such review, the following criteria shall be considered:
1. 
The presence or absence of public water or sewer servicing site.
2. 
Environmental considerations, including but not limited to geological, hydrological, and ecological factors.
3. 
Traffic impact of the proposed development.
4. 
Impact of the proposed development on existing acquifer or water quality and flood plain.
5. 
Impact on improvements which might require off-track or off site contributions agreements.
If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 10 days of receipt of such notice for additional sums. Each applicant shall, prior to the application being deemed complete, submit to the Township treasurer in cash or by certified check or money order the amount of the additional escrow deposit determined by the director of planning to be due in accordance with this subsection and shall complete all forms as required by the director of planning.
d. 
Payment of additional fees incurred during the course of review for which escrow deposit is insufficient. Upon the funds in the escrow account being reduced to 30% of the amount initially deposited, the director of planning shall after notification by the treasurer forthwith bill the applicant for any charges for professional services it being the intent of this section that such 30% be retained in the escrow account until any refunds are due. The director of planning shall also bill the applicant forthwith for any professional services covered by this section whether or not funds have been refunded pursuant to paragraph f, thereof. Payment is due within 15 days of receipt of such bill.
e. 
Failure to Pay Amounts Due. If the applicant has failed to pay any amounts due under paragraphs b through d and g hereof, the Township may stop construction until such amounts and penalties equal to an interest payment on unpaid bills of 1 1/2% per month plus Township legal fees and collection charges necessary to collect any unpaid bills are paid. No hearing before any Township board or committee may be convened and no construction permit or certificate of occupancy may be issued if such amounts are due and payable. In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs, and penalties as it has by law for the collection of taxes upon real estate. The board of jurisdiction may deny the application if the applicant has failed to pay any amount due under paragraph d hereof.
f. 
Unexpended Escrow Funds. All unexpended escrow funds shall be refunded to the applicant within a reasonable time after the last building permit is issued or such earlier time as the director of planning certifies the treasurer that all professional services to be paid by the escrow funds have been completed and billed. The refunding process will be in accordance with the guidelines and procedure established by the division of local government services in effect at that time. In no event, however, shall the applicant fees required pursuant to paragraph b be refunded.
g. 
Fee for Inspection of Constructed Improvements. Each applicant shall pay all reasonable costs for the municipal inspection of the constructed site and off-site improvements and shall execute an agreement in a form provided by the Township obligating itself to do so. An escrow fund will be established with the Township before the construction begins, and such funds shall be used to pay the fee and costs of professional services employed by the Township to inspect the construction.
h. 
Waiver for Lower Income Housing. Notwithstanding any other provision of this section, a waiver of all Township subdivision and site plan escrow fees and building permit and certification of occupancy fees shall be granted by the approving Township agency for all housing units being provided by the applicant for low to moderate income families.
i. 
Deposits for Escrow Funds. The Township treasurer shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1.
[Ord. #3086 § 1]
Any variance from the terms of this chapter hereafter granted by either board permitting the erection or alteration of any structure or permitting a specified use of any premises shall expire unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such specified use has actually been commenced, within two years from the date of publication of the notice of the decision of the board granting the variance, 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 to the Governing Body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.