The following public notice requirements shall apply to all
hearings of the Planning Board and Zoning Board of Adjustment:
A. Notice Required. Public notice of a hearing shall be given for the
following applications for development:
1. Any request for a variance (N.J.S.A. 40:55D-70c or d);
2. Any request for conditional use approval;
3. Any request for a certificate of non-conforming use (N.J.S.A. 40:55D-68).
4. Any request for the issuance of a permit to build within the bed
of a mapped street or public drainage way or on a lot not abutting
a street (N.J.S.A. 40:55D-34 and -35);
5. Any request for general development plan approval;
6. Any request for preliminary subdivision approval;
7. Any request for interpretation of the Land Use Ordinance or Zoning
Map pursuant to N.J.S.A. 40:55D-70b;
8. Any request for preliminary site plan;
9. Any request for site plan approval involving paragraphs 1 through
3 above;
10. Any request for a zoning change not part of a general reexamination
of the Master Plan or Master Plan adoption;
11. Appeals pursuant to N.J.S.A. 40:55D-70a.
B. No Notice Required. Public notice shall not be required for the following
applications.
3. A request for informal concept review.
4. Any other type of application or action by the Board not specifically
listed in the previous subsection.
C. Public Notice for Variances. Public notice shall be given for applications
otherwise excepted from the requirements of public notice whenever
variance relief is requested.
D. Classes of Notice. The secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, shall notify the applicant
at least two weeks prior to the public hearing for the subject application.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
1. By publication in the official newspaper of the municipality or in
a newspaper of general circulation in the municipality.
2. To all owners of real property as shown on the current tax duplicate
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to a condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Notice shall be given
by serving a copy on the property owner, as shown on the current tax
duplicate, or his or her agent in charge of the property; or by mailing
a copy thereof by certified mail to the property owner at his or her
address as shown on the current tax duplicate. A return receipt must
be obtained.
3. Notice to a partnership owner may be made by service upon any partner;
notice to a corporate owner may be made by service upon its president,
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowner's association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
4. To the Clerk of any adjoining municipality or municipalities when
the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
5. To the Monmouth County Planning Board by personal service or certified
mail when the application for development involves property adjacent
to an existing County road or proposed road shown on the County official
map or the County master plan or adjoins other County land, or is
situated within 200 feet of a municipal boundary.
6. To the Commissioner of Transportation of the State of New Jersey
by personal service or certified mail when the property abuts a State
highway.
7. To the State Planning Commission, by personal service or certified
mail when the hearing involves an application for development of property
which exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer.
8. To public utilities, local utilities, and cable television companies
when such entity possesses a right-of-way or easement within the municipality
and has registered with the municipality pursuant to N.J.S.A. 40:55D-12.1
by personal service or certified mail when the hearing involves a
major subdivision or major site plan application.
9. Additionally, the applicant shall be responsible for giving proper
notice to all property owners who do not reside within the municipality.
E. Property List. Under the written request of an applicant, the Tax
Assessor shall, within 10 days, make and certify a list from current
tax duplicates of names and addresses of owners within the municipality
to whom the applicant shall be charged the amount of $0.25 per name
or $10, whichever is greater and shall be entitled to rely upon the
information contained in such list, and failure to give notice to
any owner not on the list shall not invalidate any hearing or proceeding.
F. Proof of Service. The applicant shall file an affidavit or proof
of service with the Planning Board or Zoning Board of Adjustment,
as the case may be.
G. Contents of Notice. The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered, and
an identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Municipal Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
Development plans shall be so designed as to enhance the general
appearance of the Township and to promote the harmonious use of land;
to lessen congestion in the streets; to secure safety from fire, panic,
or other dangers; to promote the general health, safety, and welfare;
to provide adequate light and air; to prevent the overcrowding of
land, buildings and roadways by an undue concentration of population;
to encourage development which would facilitate pedestrian access
and the use of mass transit; to encourage creative development and
design consistent with the policies of the Master Plan of the Township
of Hazlet, and the regulations promulgated herein. Applications for
development shall be reviewed for meeting the standards for development
contained within this Ordinance and more particularly the following
specific objectives:
A. Development Compatibility All development shall permit and encourage
only those uses of the land which, through the standards adopted in
this Ordinance, provide for flexibility in planning and development
and that respect the natural character of the land, the drainage system,
soil capabilities, groundwater and aquifer recharge quality, and to
include only those uses that are compatible with allowed uses in the
zoning district and existing uses on adjacent lands. Such compatibility
shall be determined on the basis of inventories of the natural features
of the site, plans indicating the physical relationship among types
of uses and any natural or manmade barriers, existing or planned,
between different uses both within and adjacent to the proposed development,
and sufficient information to determine the effect of such development
upon the quality of life of the Township of Hazlet.
B. Relationship to Hazlet Master Plan All developments shall be planned
and designed to achieve the goals and objectives for land development
as are or may be set forth in the Hazlet Township Master Plan duly
adopted by the Planning Board with regard to conservation, historic
preservation, community facilities, parks/recreation/open space, affordable
housing, circulation, land use, economic development, and the goals
for development of adjacent municipalities, Monmouth County and the
State.
C. Relationship to Township Development Patterns. All development shall
be planned and designed to achieve the Township goals of permitting
and encouraging a population density and a development pattern in
the municipality that facilitates the provision of public utilities
and services, including public water and public sewerage, storm drainage
systems, recreation areas, public schools, State, County, and local
roads, in an orderly, functional and economical manner.
D. Conservation of Open Space. Common open space and adequate recreation
areas shall be set aside in suitable locations to provide for the
recreation needs of the residents and the owners of the development
and those portions of the project that, because of their natural features,
constitute important visual amenities and environmental resources.
Development is intended to create after completion a continuity of
open space resulting from the integration of upland, wetland, floodplain
and surface water areas in accordance with the goals and objectives
of the Master Plan.
E. Appearance and Aesthetic Control. All development shall be planned
and designed to promote and achieve aesthetically pleasing views from
and to various land uses. The creation and promotion of such aesthetic
conditions shall strengthen and preserve the Township's unique environmental
heritage and promote the civic pride, prosperity, and general welfare
of the residents of the development, the municipality, and visitors
thereto.
F. Review Guidelines. The following guidelines shall be used in the
review of any application for development or conditional use:
1. Regard for Natural Features. All residential and nonresidential uses
shall be designed with regard to the topography and natural features
of the site. The effects of prevailing winds, seasonal temperatures
and hours of sunlight on the physical layout and form of the proposed
buildings shall be taken into account. Special consideration shall
be given to the preservation of natural features, including large
trees, stands of specimen vegetation, groves, waterways, aquifer recharge
areas, scenic, paleontological, archaeological, cultural, and historic
sites and other community assets within the site area, and the reduction
of impacts on wildlife. The development shall be designed and programmed
so as to minimize tree clearance and the destruction of natural amenities
associated with the same.
2. Siting of Buildings. All housing and supporting uses shall be sited
so as to enhance privacy for residential uses, ensure natural light
for all principal residential rooms, and to the greatest extent possible
be designed to promote passive solar energy technology. Building layouts
shall be reviewed for arrangement, efficiency and aesthetic quality.
3. Fiscal Impact. The fiscal costs to the Township and Board of Education
from providing services to the development shall be considered in
relation to the gain of revenue and its impact upon the municipal
and school board tax rates.
4. Relationship to Community Facilities. Housing shall be conveniently
served by community facilities and open space.
G. Circulation. The pedestrian and vehicular traffic movement within
and adjacent to the site with particular emphasis on the provision
and layout of parking areas, off-street loading and unloading, the
movement of people, goods and vehicles from access roads within the
site, between buildings and between buildings and vehicles. In particular,
the Board shall ensure compliance in site design with the Americans
with Disabilities Act, as it may be amended or superseded. The Board
shall ensure that all parking spaces are usable and are safely and
conveniently arranged. Access to the site from adjacent roads shall
be designed so as to interfere as little as possible with traffic
flow on these roads and to permit vehicles a rapid and safe ingress
and egress to the site. The circulation shall be consistent with Township,
County, and State requirements.
H. Open Space. Open space within all planned unit developments shall
be planned and designed to achieve the Township goal of insuring that
adequate recreation areas are set aside in suitable locations to provide
for the recreation needs of the residents and owners of the planned
unit development; and that those portions of the Township that, because
of their natural features, constitute important visual amenities and
environmental resources are maintained in accordance with sound conservation
practice.
I. Landscaping. Landscaping shall be reviewed for the ability to integrate
the site elements of topography, water, buildings, parking and loading
areas, and the buffering of incompatible uses. Landscaping shall be
reviewed for diversity, including species, function, sculpture, fencing,
walls, and other landscaping elements.
J. Lighting. Adequate lighting for the function of the site shall be
reviewed for the safe movement and security of persons and vehicles.
Particular attention shall be made to the minimization of glare and
impact upon adjacent property.
K. Signs. Signs shall be evaluated for the aesthetics of their design
and their harmony with other signs on- and off-site, the architectural
design of the building or buildings to which they relate and the type
of development or pattern of the built environment surrounding the
location of the sign or signs. The location of signs shall be reviewed
for the purpose of removing any hazard to pedestrians or motorists.
L. Utilities, Solid Waste Management and Recycling. Storm drainage,
sanitary and solid waste disposal including recycling, water supply,
electricity supply, telephone and cable television service shall be
reviewed and considered. Emphasis shall be given on the adequacy of
existing systems and the need for improvements, both on- and off-site
to adequately provide for the development's needs.
M. Compatibility of Residential and Nonresidential Development. Applications
for development and conditional uses shall be designed to assure the
compatibility of residential and nonresidential uses by:
1. Providing commercial uses with appropriate space and, in particular,
sufficient depth from a street to satisfy the needs of contemporary
uses including the provision of adequately landscaped off-street parking,
buffer areas between commercial and residential use areas, pedestrian
and bicycle circulation systems connecting the commercial uses to
office, residential and open space uses;
2. Protecting nonresidential development and nearby residences against
fire, explosions, toxic and noxious matter, radiation and other hazards,
and against offensive noise, vibration, smoke, dust and other particulate
matter, odorous matter, heat, humidity, glare and other objectionable
influences;
3. Protect residential and nonresidential development from the noise,
exhaust emissions, and other negative aspects of congestion of vehicular
traffic.
[Repealed by Ord. No. 1571-2015]
Any decision of the Planning Board or Zoning Board of Adjustment
when acting upon an application for development and any decisions
of the Township Committee when acting upon an appeal shall be given
notice in the following manner:
A. Mailing of Decision. A copy of the decision shall be mailed to the
applicant and to the appellant, if the appellant is a differing interested
party, or, if either or both is represented, then to the respective
attorney(s) without charge, and for a reasonable charge to any other
interested person who has requested it, not later than 10 days after
the date of the decision.
B. Newspaper Notice of Decision. A brief notice of every final decision
shall be published in the official newspaper of the municipality.
Such publications shall be arranged by the Township Clerk without
separate charge to the applicant or to the appellant, if the appellant
is a differing interested party. The notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.