[Ord. #1978; Ord. #2022]
[Ord. #1978 § 1; Ord. #2022 § 1; amended 6-14-2022 by Ord. No. 3652]
The Planning Board of the Township, as heretofore established,
is hereby continued. The Planning Board of nine members, pursuant
to N.J.S.A. 40:55D-1 et seq., shall consist of four classes of members
as follows:
a.
Class I. The Mayor or the Mayor's designee in the absence of
the Mayor.
b.
Class II. One of the officials of the municipality other than a member
of the Township Council 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 N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
c.
Class III. A member of the Township Council to be appointed by it.
d.
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, municipal position, and municipal employment, 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 N.J.S.A. 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.
e.
Alternate Members. Two alternate members shall be appointed by the
Township Council and shall meet the qualifications of a Class IV member.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of
the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year. 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 all matters 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.
[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;
amended 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a.
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 one or more of the following:
b.
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.
c.
Exceptions to the Requirements of 19-5.
1.
Site plan review will not be required for the construction of a single
detached one- or two- family home which is 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.
2.
Site plan review shall not be required for interior renovations related
to changes in tenancy provided the proposed use is permitted and no
additional parking is required by the change in use.
3.
Site plan review and approval shall not 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 one or more of the following, provided that
the application is approved by the Planning Board Site Plan Subcommittee
consisting of the Construction Official, Zoning Official, Township
Engineer, Township Planner, and Planning Board Chairman or a Planning
Board member designated by the Chairman and one class 4 member of
the Planning Board. The Planning Board Secretary shall be present
at the Planning Board Subcommittee meetings to record and distribute
meeting minutes.
d.
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.
e.
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:
[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).
[Amended in entirety 6-14-2022 by Ord. No. 3652. Prior history includes
Ord. #2240.]
Editor's Note: Ord. No. 3652 consolidated Sections 19-13 and 19-14 and renamed Section 19-13..
a.
Definitions. The following definitions shall apply in this section:
1.
Approving Authority shall mean the Planning Board or Board of Adjustment
of the Township, unless a different entity is designated by ordinance
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
2.
Professionals shall include, but not be limited to the Township Engineer,
construction official, professional planners, consultants or advisors
to the Planning Board or Board of Adjustment, and 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.
b.
Escrow Deposits. The Township shall require escrow deposits by an
applicant in accordance with the provisions of this section. The escrow
deposits shall be in addition to the application fees. Such funds
shall be used by the Township to pay professionals for services rendered
to the Township or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of N.J.S.A. 40:55D-1
et seq. The application review and inspection charges shall be limited
only to professional charges for review of applications, review and
preparation of documents and inspections of developments under construction
and review by outside consultants when an application is of a nature
beyond the scope of expertise of the professionals normally utilized
by the Township. The only cost that shall be added to any such charges
shall be actual out-of-pocket expenses of such professionals or consultants,
including normal and typical expenses incurred in processing applications
and inspecting improvements. No applicant shall be charged for any
municipal, clerical or administrative functions, overhead expenses,
meeting room charges or any of the Township costs and expenses except
as provided for specifically by statute, nor shall a Township professional
add any such charge to his or her bill.
c.
Scope of Reimbursed Services; Application Fees. The Township shall
be entitled to be reimbursed for the review of applications, both
as to completeness and as to content; for the review and preparation
of documents, such as, but not limited to, drafting resolutions, developer's
agreements and necessary correspondence with the applicant or the
applicant's professionals. Such professional services may be
by Township consultants retained by the Township on a general basis
or retained specially for an application by the approving authority
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. Prior to
and as a condition of an application being considered complete, an
applicant shall submit to the Township, to be held in escrow, the
amount indicated below. Where more than one fee category applies,
the fee shall equal the total of the fees required for each type of
application requested.
1.
Subdivision Escrow and 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 Escrow and 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 Submissions:
|
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-70(c).
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.
d.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant
in excess of $5,000 shall be held by the Chief Financial Officer in
a special interest-bearing deposit account, and, upon receipt of bills
from professionals and approval of said bills as hereinafter provided
for, the Chief Financial Officer may use such funds to pay the bills
submitted by such professionals or experts. The Township shall not
be required to refund an amount of interest paid on a deposit which
does not exceed $100 for the year. If the amount of interest exceeds
$100, the entire amount shall belong to the applicant and shall be
refunded to him or her by the Township annually or at the time the
deposit is repaid or applied for the purposes for which it was deposited,
as the case may be, except that the Township may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses. All sums not actually so expended shall be refunded to the
applicant within 90 days after the final decision by the appropriate
approving authority with respect to such application, upon certification
by the Board Secretary that such application has been finally decided.
e.
Payments.
1.
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional which voucher shall
identify the personnel performing the service, and each date the services
were performed, the hours spent to one-quarter-hour increments, the
hourly rate and the expenses incurred. If the services are provided
by a Township employee, the Township employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required on a voucher, on a monthly basis so that the Township
can be reimbursed for the compensation a Township employee receives
from the Township for services. All professionals shall submit vouchers
to the Chief Financial Officer. The professional shall send an informational
copy of all vouchers or statements submitted to the Chief Financial
Officer of the Township simultaneously to the applicant and the approving
authority for whom said services were performed. Following approval
by the approving authority, the Chief Financial Officer shall transfer
from the escrow account(s) to the Township's general funds for
work performed by Township Employees, or, if applicable, shall pay
over to outside independent professionals or consultants. Under no
circumstances shall a Township employee submit vouchers on his or
her behalf and receive direct payment from said escrow funds.
2.
The Chief Financial Officer shall prepare and send to the applicant
a statement which shall include an accounting of funds listing all
deposits, interest earnings, disbursements and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the Township or approving authority and
the applicant. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
f.
Payments Required Prior to Issuance of Permits. No zoning permits,
building permits, certificates of occupancy or any other types of
permits may be issued with respect to any approved application for
development until all bills for reimbursable services have been received
by the municipality from professional personnel rendering services
in connection with such application and payment has been made.
g.
Close-Out Procedures.
1.
The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of N.J.S.A. 40:55D-1
et seq. and shall commence after the approving authority has granted
final approval and signed the subdivision plat or site plan, in the
case of application review escrows and deposits, or after the improvements
have been approved in accordance with N.J.S.A. 40:55D-53, in the case
of improvement inspection escrows and deposits.
2.
The applicant shall send written notice by certified mail to the
Chief Financial Officer of the Township and the approving authority
and to the relevant municipal professional, that the application or
the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the Township within 30 days and shall send
a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
h.
Scope of Charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governmental agency and not under municipal jurisdiction except to
the extent consultation with a state agency is necessary due to the
effect of state approvals on the subdivision or site plan.
i.
Limitation of Inspection Fees. Inspection fees shall be charged only
for actual work shown on a subdivision or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
j.
Substitution of Professionals. If the Township retains a different
professional or consultant in the place of a professional originally
responsible for development application review, or inspection of improvements,
the Township or approving authority shall be responsible for all time
and expenses of the new professional to become familiar with the application
or the project, and the Township or approving authority shall not
bill the applicant or charge to the deposit or the escrow account
for any such services.
k.
Estimate of Cost of Improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Township Engineer based on documented construction costs for
the public improvements prevailing in the general area of the municipality.
The developer may appeal the Township Engineer's estimate to
the County Construction Board of Appeals, established pursuant to
N.J.S.A. 52:27D-127.
l.
Appeals.
1.
An applicant shall notify the Township Council in writing with copies
to the Chief Financial Officer, the approving authority, and the professional
whenever the applicant disputes the charges made by a professional
for a service rendered to the municipality in reviewing applications,
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2.
The Township Council or its designee shall within a reasonable time
attempt to remediate any disputed charges. If the matter is not resolved
to the satisfaction of the applicant, the applicant may appeal to
the County Construction Board of Appeals, established pursuant to
N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by
any Township professional or consultant, or the cost of the installation
of improvements estimated by the Township Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the Township, approving authority, and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2(c),
except that if the professional has not supplied the applicant with
an informational copy of the voucher, then the applicant shall file
his appeal within 60 days from receipt of the Township statement of
activity against the deposit or escrow account required by N.J.S.A.
40:55D-53.2(c). An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
2.
Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals. During the
pendency of any appeal, the Township or approving authority shall
continue to process, hear and decide the application for development
and to inspect the development in the normal course and shall not
withhold, delay or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending under this subsection. The Chief Financial
Officer of the Township may pay charges out of the appropriate escrow
account or deposit for which an appeal has been filed. If a charge
is disallowed after payment, the Chief Financial Officer of the Township
shall reimburse the deposit or escrow account in the amount of any
such disallowed charge or refund the amount to the applicant. If a
charge is disallowed after payment to a professional or consultant
who is not an employee of a Township, the professional or consultant
shall reimburse the Township in the amount of any such disallowed
charge.
3.
During the pendency of any appeal, the Township or approving authority
shall continue to process, hear, and decide the application for development
and to inspect the development in the normal course and shall not
withhold, delay, or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending under the subsection. The Chief Financial
Officer of the Township may pay charges out of the appropriate escrow
account or deposit for which an appeal has been filed. If a charge
is disallowed or deposit for which an appeal has been filed. If a
charge is disallowed after payment, the Chief Financial Officer of
the Township shall reimburse the deposit or escrow account in the
amount of any such disallowed charge or refund the amount to the applicant.
If a charge is disallowed after payment to a professional or consultant
who is not an employee of the Township, the professional or consultant
shall reimburse the municipality in the amount of any such disallowed
charge.
[§ 19-14, Escrow Deposits, Application Fees, and
Inspection Fees, was consolidated with § 19-13 on 6-14-2022 by Ord. No. 3652. Prior history includes Ord. #2564.]
[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.
