There is hereby created and established pursuant to c. 291,
P.L. 1975,[1] in the Borough of Prospect Park a Planning/Land Use Board
of nine members consisting of the following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: eight other citizens of the municipality to be appointed
by the Mayor. The Mayor shall appoint six citizens as regular members
and the remaining two members shall serve as the alternate members.
The members of Class IV shall hold no other municipal office, position
or employment with the Borough.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond with his
or her official tenure. The terms of the members comprising Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first.
B.
The terms of all Class IV members, excluding alternate members, first
appointed pursuant to this chapter shall be so determined that, to
the greatest practicable extent, the expiration of such terms shall
be distributed evenly 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. Thereafter, all
Class IV members, excluding alternate members, shall be appointed
for terms of four years except as otherwise hereinabove provided.
All terms shall run from January 1 of the year in which the appointment
is made. Nothing contained within this section shall be deemed to
affect the current members or terms of the individuals currently serving
on the Planning Board. These individuals shall continue to serve on
the Planning/Land Use Board under their current terms.
C.
The terms of alternate 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 distributed evenly over
the first two years after the appointment as determined by resolution
of the governing body; provided, however, that no term of any alternate
member shall exceed two years. Thereafter, all alternate members shall
be appointed for terms of two years. All terms shall run from January
1 of the year which the appointment is made. Nothing contained within
this section shall be deemed to affect the current members or terms
of the individuals currently serving on the Planning Board. These
individuals shall continue to serve on the Planning/Land Use Board
under their current terms.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
A.
The Planning/Land Use 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/Land Use Board or a municipal employee designated
by it.
B.
The two alternate members of this Board appointed by the governing
body shall be designated by the appointing authority as "Alternate
No. 1" and "Alternate No. 2," respectively, and each alternate shall
retain said designation during the term for which he was appointed.
C.
During the absence or disqualification of any regular member, the
Chairperson shall appoint one of the alternate members to serve in
the place of said regular member; provided, however, that where the
alternate member is designated to serve in place of the regular member
who is disqualified from participating in the hearing of a particular
case, the alternate member shall be designated to serve only with
respect to such case.
D.
An alternate member who has been designated to sit in place of a
regular member and who has participated in any hearing or matter coming
before the Board shall continue to act in the place of such regular
member until the final disposition of said matter by the Board.
E.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
F.
When a regular member has been present and has participated in the first hearing on any matter, no alternate member shall be designated to serve during the absence of such regular member during any adjourned or continued hearing or hearing on the same matter unless said alternate member was present at such first hearing, any prior, adjourned or continued hearing on such matter, or, in the event of absence from the meeting, has complied with Subsection I.
G.
An alternate member who has been designated to serve in the place
of an absent or disqualified regular member shall, during the period
of his service, enjoy all of the rights and privileges and shall be
subject to all of the duties and responsibilities pertaining to regular
members, but no alternate member shall be eligible to serve as Chairperson
or Vice Chairperson of the Board.
H.
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member, nor shall any vote 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.
I.
All members who are absent for one or more meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence from one or more of the
meetings; provided, however, that such Board member has available
to him the transcript or recording of all of the hearings from which
he was absent, and certifies, in writing, to the Board that he has
read such transcript or listened to such recording.
There is hereby created the office of Planning/Land Use Board
Attorney. The Planning/Land Use Board may annually appoint and fix
the compensation of or agree upon the rate of compensation of the
Planning/Land Use Board Attorney, who shall be an attorney other than
the Municipal Attorney.
The Planning/Land Use 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.
There is created hereby the position of Planning/Land Use Board
Administrator/Secretary who shall be appointed by the Planning/Land
Use Board, after consultation with and acceptance by the Borough Council.
The Planning/Land Use 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 from time to time amend a Master Plan for the
physical development of the Borough including any areas outside its
boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the Borough in accordance with the provisions
of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A.
40:55D-1 et seq.
C.
To participate in the preparation and review of programs or plans
by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
pass upon other matters specifically referred to the Planning/Land
Use Board by the Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26b.
F.
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 N.J.S.A. 40:55D-70c 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 N.J.S.A. 40:55D-34 for issuance of a permit
for building or structure in the bed of a mapped street or public
drainageway, flood-control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to N.J.S.A. 40:55D-36 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.
(4)
To perform such other advisory duties as are designated to it
by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
The duties of the Planning/Land Use Board Administrator/Secretary
shall include the following:
A.
Receive all applications for development, determine whether such
applications are complete as set forth by the Borough ordinance, notify
applicants whether submissions are complete or incomplete, solely
for the purpose of placing the application on the calendar, within
the time provided by law;
B.
Establish the calendar of cases for the meetings of the Planning/Land
Use Board;
C.
Notify the applicants of the dates upon which matters will be heard
in sufficient time so that notices can be given within the time required
by N.J.S.A. 40:55D-12;
D.
Attend all Planning/Land Use Board meetings and provide for the making
of a verbatim record of all proceeding before each Planning/Land Use
Board;
E.
F.
Maintain and have general charge and control of all records of the
Planning/Land Use Board and Zoning Officer, take minutes of meetings
of the Planning/Land Use Board and prepare same as required by the
Municipal Land Use Law, and receive and present the correspondence
of the Board and Zoning Officer;
G.
Keep a record of all complaints received and all actions taken to
abate any violations of the Borough zoning ordinances and immediately
notify the proper board or official of said complaint. Prepare such
correspondence or documents needed by the Zoning Officer to fulfill
the Zoning Officer's duties under these ordinances;
H.
Provide general administrative support to the Zoning Officer and
Land Use Board.
A.
Minor subdivisions and site plans. Minor subdivision approvals shall
be granted or denied within 45 days of the date of certification of
submission of a complete application to the Planning/Land Use Board
or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the date
of Planning/Land Use Board approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Recording Officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed must
be signed by the Chairman and the Secretary to the Planning/Land Use
Board before it will be accepted for filing by the County Recording
Officer.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B.
Preliminary approval of site plans and subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning/Land Use 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/Land
Use 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/Land Use
Board shall be deemed to have granted preliminary approval for the
subdivision.
C.
Ancillary powers. Whenever the Planning/Land Use Board is called upon to exercise its ancillary powers before granting a variance as set forth in § 235-1708F of this chapter, the Planning/Land Use 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/Land Use Board to act within the period prescribed shall constitute approval of the application and a certificate from the Secretary of the Planning/Land Use Board as to the failure of the Planning/Land Use Board to act shall be issued on request of the applicant.
D.
Final approval. Application for final subdivision or site plan 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. 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/Land Use 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.
Applications for development within the jurisdiction of the
Planning/Land Use Board pursuant to the provisions of c. 291, P.L.
1975,[1] shall be filed with the Borough Clerk. The applicant shall
file, at least 14 days before the date of the monthly meeting of the
Board, nine copies of a sketch plat, nine copies of an application
for minor subdivision approval, nine copies of an application for
major subdivision approval or nine copies of an application for site
plan review or conditional use approval. At the time of filing the
application, but in no event less than 10 days prior to the date set
for hearing, the applicant should also file all plot plans, maps or
other papers required by virtue of any provision of this chapter or
any rule of the Land Use Board, and same shall be available for public
inspection during normal business hours in the office of the Borough
Clerk. The Borough Clerk shall inform the applicant of the steps to
be taken to initiate applications and of the regular meeting date
of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning/Land Use Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
Appeals to the Planning/Land Use Board may be taken by any person
aggrieved, or by any officer, department, board or bureau of the Borough
affected by any decision of the administrative officer. Each appeal
shall be taken within the 65 days prescribed by the statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with seven copies of such notice, with the Borough Clerk.
Said notice of appeal shall specify the grounds for the appeal. The
officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
B.
Applications addressed to the original jurisdiction of the Planning/Land
Use Board without prior application to an administrative officer shall
be filed with the Borough Clerk. Seven copies of the application shall
be filed. At the time of filing the appeal or 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 chapter or any rule of the Planning/Land
Use Board. The applicant shall obtain all the necessary forms from
the Borough Clerk. The Borough Clerk shall inform the applicant of
the steps to be taken to initiate proceedings and of the regular meeting
dates of the Board.
C.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Planning/Land Use Board,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Planning/Land Use Board or by the Superior Court
of New Jersey on application or notice to the officer from whom the
appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Planning/Land Use
Board may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from, and make such other requirement,
decision or determination as ought to be made and, to that end, have
all the powers of the administrative officer from whom the appeal
was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Any variance from the terms of this chapter hereafter granted
by the Planning/Land Use Board permitting the erection or alteration
of any structure or structures, or permitting a specified use of any
premises, shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within nine months from the date of entry of the judgment or determination
of the Planning/Land Use Board, 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 Planning/Land Use
Board to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
A.
The Planning/Land Use Board shall have such powers as are granted
by law to:
(1)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of this chapter.
(2)
Hear and decide requests for interpretation of the Zoning Map
or this chapter, or for decisions upon other special questions upon
which such Board is authorized by this chapter to pass.
(3)
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 an extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in this chapter would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon
the owner 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 in a district restricted against such
structure or use, and further provided that the proposed development
does not require approval by the Planning/Land Use Board of a subdivision,
site plan or conditional use in conjunction with which the Planning/Land
Use Board shall review a request for variance pursuant to Section
47a of the Municipal Land Use Law of 1975 (c. 291, P.L. 1975).[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-60.
(4)
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 the affirmative vote of at least 2/3 of the full
authorized membership of the Board.
B.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and this chapter. Any
application under any subsection of this section may be referred to
any appropriate person or agency, including the Planning/Land Use
Board, for its report, provided that such reference shall not extend
the period of time within which the Planning/Land Use Board shall
act.
The Planning/Land Use Board shall, in addition to the powers specified in § 235-1717 of this Part 5, have power given by law to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the Official Map.
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Planning/Land Use Board shall have the power to grant subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval for a use variance pursuant to § 235-1717A(4) of this chapter.
A.
The Planning/Land Use Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70b.
B.
Failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
No member of the Planning/Land Use Board shall act on any matter
in which he has either directly or indirectly any personal or financial
interest. Whenever any such member shall disqualify himself from acting
on a particular matter, he shall not continue to sit with the Board
on the hearing of such matter nor participate in any discussion or
decision relating thereto.
A.
Meetings of the Planning/Land Use Board shall be scheduled no less
often than once a month and any meeting so scheduled shall be held
as scheduled unless canceled for lack of applications for development
to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its Board members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by a majority vote of the members present
at the meeting, except as otherwise required by any provision of N.J.S.A.
40:55D-1 et seq.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
Fees for applications or for the rendering of any service by
the Planning/Land Use Board or any member or its administrative staff
which are not otherwise provided by ordinance may be provided for
and adopted as part of the rules of the Board, and copies of said
rules or of the separate fee schedule shall be available to the public.
A.
Rules. The Planning/Land Use Board may make rules governing the conduct
of hearings before such bodies, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 1938 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross-examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof, on request, to any interested party at his or her expense.
F.
Recusal. Class I and Class III members shall not participate in the
consideration of applications for development which involve relief
pursuant to Subsection d. of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70).
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which the
applicant's land is located. Such notice shall be given by serving
a copy thereof on the owner as shown on the said current tax duplicate
or his agent in charge of the property or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
the said current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan adjoining
other county land or situated within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to Subsection b of Section 6 of
Chapter 291 Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
All notices specified in this section shall be given at least 10
days prior to the date fixed for hearing and the applicant shall file
an affidavit of proof of service with the board holding the hearing
on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Prospect Park shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in said section of the statute, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 235-1725B of this chapter.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board within 10 days
of the date of the decision to the applicant or, if represented, to
his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Borough Clerk, who should
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Planning/Land Use Board Administrator/Secretary,
as the case may be, without separate charge to the applicant. Said
notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning/Land
Use Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application, or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the municipality will
be adequately protected.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-22, in the case of
an application for development submitted to the Planning/Land Use
Board proposing a development that is barred or prevented directly
or indirectly by a legal action instituted by any state agency, political
subdivision or other party to protect the public health and welfare
or by a directive or order issued by any state agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Planning/Land Use Board shall process such application
of development in accordance with said Act and this chapter, or rules
and regulations as established by said Board, and, if such application
for development complies with the Borough's development regulations,
the Planning/Land Use Board shall approve such application conditioned
on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the Planning/Land
Use Board, the Planning/Land Use Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency, provided that said Board shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the Planning/Land Use Board is prevented or relieved from so
acting by operation of law.
An appeal to the Planning/Land Use Board may be taken by any interested party affected by any decision of the administrative officer of the Borough based on or made in the enforcement of this chapter or Official Map. Such appeals shall be taken within 65 days by filing a notice of appeal in the manner set forth in § 235-1714A of this chapter, and in accordance with the provisions of N.J.S.A. 40:55D-64 et seq. of the Municipal Land Use Law of 1975.
Any appeal taken from an approved application for development
of the Planning/Land Use Board may be taken to the governing body,
provided such appeal be made within 10 days of the date of publication
of such final decision of the Planning/Land Use Board. Such appeal
shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
Whenever a term is used in this chapter which is defined in
Chapter 291 of the Laws of New Jersey 1975,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
