[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
There is hereby established pursuant to N.J.S.A. 40:55D-23, in the Town of Morristown, a Planning Board of nine members and two alternate members, consisting of the following 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, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:55D-23, 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 governing body, to be appointed by the same.
d. 
Class IV: Six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the 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. 40:55D-23, 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 the Class II member of the Planning Board.
e. 
Alternate members. Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. The Mayor shall, at the time of appointment, designate one alternate "Alternate No. 1" and the other "Alternate No. 2." Alternate members shall have their terms prescribed by N.J.S.A. 40:55D-23. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
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 a Class II or a 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.
b. 
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. All Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV, and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee designated by it.
b. 
The Chairperson of the Planning Board shall appoint a Site Plan and Subdivision Committee, consisting of four members of the Board, which Committee shall have the power to approve minor subdivisions and minor site plans. Minor site plan or subdivision approvals shall be deemed final approval by the Board. Minor site plan and minor subdivision approval or denial shall take place within 45 days of the date of submission of a complete application to the Administrative Officer, or within any extensions of the time period consented to by the applicant.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
There is hereby created the position of Planning Board Attorney. The Planning Board shall annually appoint, fix the compensation of, or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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 from time to time amend a Master Plan for the physical development of the Town, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Town, in accordance with the provisions of N.J.S.A. 40:55D-28.
b. 
To administer the provisions of the Land Subdivision Regulations and Site Plan Review Regulations of the Town, in accordance with the provisions of this chapter 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 required by state or federal law or regulations.
d. 
o assemble data on a continuing basis as part of a continuous planning process.
e. 
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.
f. 
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-26(a), and also to pass upon other materials specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26(b).
g. 
Variance or direction for issuance of permit.
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 pursuant to N.J.S.A. 40:55D-70:
1. 
Variances from lot area, dimensional setback and yard requirements, pursuant to Parts 2 and 3.
2. 
Direction for issuance of a permit for a 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 for issuance of a permit for a building or structure not related to a street.
i. 
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.
j. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
All members including alternate members of the Planning Board are required to complete the basic course in land use law and planning (hereinafter referred to as the "mandatory training course") offered by the New Jersey Department of Community Affairs or such other course providers as may be approved by the Commissioner of the New Jersey Department of Community Affairs in accordance with the provisions of N.J.S.A. 40:55D-23.3 and 40:55D-23.4 and N.J.A.C. 5:872.1 et seq.
b. 
All members, including alternate members, of the Planning Board, unless exempt in accordance with Paragraph d below, shall complete the mandatory training course within 18 months of assuming Planning Board membership.
c. 
Planning Board members who fail to satisfy the mandatory training course requirement within 18 months of assuming Planning Board membership shall be deemed ineligible to continue serving as a Planning Board member. Any Planning Board member deemed ineligible for failure to complete the mandatory training course in a timely manner shall be removed as a member of the Planning Board by the Town Council at its first regular public meeting following the expiration of the applicable time period for that member to complete the mandatory training course. Any Planning Board member removed under this subsection shall not be eligible for subsequent appointment to either the Planning Board or the Zoning Board of Adjustment without first successfully completing the mandatory training course.
d. 
The following Planning Board members are exempt from the foregoing education requirements pursuant to N.J.S.A. 40:55D-23.4:
1. 
The Mayor or persons designated to serve on the Planning Board in the absence of the Mayor that serve as a Class 1 member pursuant to N.J.S.A. 40:55D-23.
2. 
A member of the governing body serving as a Class III member pursuant to N.J.S.A. 40:55D-23.
3. 
Any person who is licensed as a professional planner and maintains a certificate issued pursuant to Chapter 14A of Title 45 of the Revised Statutes which is current as of the date upon which that person would otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3 and N.J.S.A. 40:55D-23.4.
4. 
Any person who offers proof of having completed a course in land use law and planning that is equivalent to or more extensive than that required under the provisions of N.J.S.A. 40:55D-23.2 and as set forth in N.J.A.C. 5:87-3.1 within 12 months of the date upon which the person would otherwise be required to demonstrate compliance with the provisions of the Mandatory Education Bill for Planning and Zoning Board Member, (N.J.S.A. 40:55D-23.3 and 40:55D-23.4) and which, in the determination of the Commissioner of the New Jersey Department of Community Affairs, is equivalent to or more extensive than the course defined by the provisions of N.J.A.C. 58:87-3.1.
e. 
A hearing or proceeding held, or decision or recommendation made by the Planning Board shall not be invalidated if a Planning Board member has participated in the hearing or proceeding or in the decisionmaking and recommendation and that Planning Board member is subsequently found not to have completed the mandatory training course.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. The Planning Board shall make the determination of completeness. Once the application is complete, the Planning Board shall have 45 days to act. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plan in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
b. 
Preliminary approval of major subdivision. Upon submission of a complete application, as determined by the Planning Board, 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.
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 30-822.7, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant. 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. 
Time for 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. The Planning Board shall determine the completeness of the application within a forty-five-day period of filing with the Administrative Officer. Failure of the Planning Board to act shall constitute approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plan 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. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applications for development within the jurisdiction of the Planning Board shall be filed with the Administrative Officer. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, 17 copies of a sketch plat and 17 copies of an application for minor or major subdivision approval, site plan review or conditional use approval. At the time of filing the application, but in no event less than 14 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers, providing 16 copies of plot plans and maps and any other required documents.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate within the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Planning Board shall adopt 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Town of Morristown appointed by the Council to serve for terms of four years from January 1 of the year of their appointment. The Council may also select not more than two alternate members, who shall be residents of the Town of Morristown, to serve for a term of two years from January 1 of the year of their appointment. Alternate members shall be designated by the Council at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote. No member of the Zoning Board of Adjustment may hold any elective office or other position under the municipality. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a Secretary, who may or may not be a Board member or municipal employee.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
There is hereby created the position of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint, fix the compensation of or agree upon the rate of compensation of the Attorney, who shall be an attorney other than the Municipal Attorney.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
All members, including alternate members, of the Zoning Board of Adjustment (Zoning Board) are required to complete the basic course in land use law and planning (hereinafter referred to as the "mandatory training course") offered by the New Jersey Department of Community Affairs or such other course providers as may be approved by the Commissioner of the New Jersey Department of Community Affairs in accordance with the provisions of N.J.S.A. 40:55D-23.3 and N.J.S.A. 40:55D-23.4, and N.J.A.C. 5:87-2.1 et seq.
b. 
All members, including alternate members, of the Zoning Board, unless exempt in accordance with Paragraph d below, shall complete the mandatory training course within 18 months of assuming Zoning Board membership.
c. 
Any Zoning Board member who fails to satisfy the mandatory training course requirement within 18 months of assuming Zoning Board membership shall be deemed ineligible to continue serving as a Zoning Board member. Any Zoning Board member deemed ineligible for failure to complete the mandatory training course in a timely manner shall be removed as a member of the Zoning Board by the Town Council at its first regular public meeting following the expiration of the applicable time period for that member to complete the mandatory training course. Any Zoning Board member removed under this subsection shall not be eligible for subsequent appointment to either the Planning Board or the Zoning Board of Adjustment without first successfully completing the mandatory training course.
d. 
The following Zoning Board members are exempt from the foregoing education requirements pursuant to N.J.S.A. 40:55D-23.4:
1. 
Any person who is licensed as a professional planner and maintains a certificate issued pursuant to Chapter 14A of Title 45 of the Revised Statutes which is current as of the date upon which that person would otherwise be required to demonstrate compliance with N.J.S.A. 40:55D-23.3 and N.J.S.A. 40:55D-23.4.
2. 
Any person who offers proof of having completed a course in land use law and planning that is equivalent to or more extensive than that required under the provision of N.J.S.A. 40:55D-23.2 and as set forth in N.J.A.C. 5:87-3.1 within 12 months of the date upon which the person would otherwise be required to demonstrate compliance with the provision of the Mandatory Education Bill for Planning and Zoning Board Members, (N.J.S.A. 40:55D-23.3 and 40:55D-23.4) and which, in the determination of the Commissioner of the New Jersey Department of Community Affairs, is equivalent to or more extensive than the course defined by the provisions of N.J.A.C. 58:87-3.1.
e. 
A hearing or proceeding held or decision or recommendation made by the Zoning Board shall not be invalidated if a Zoning Board member has participated in the hearing or proceeding or in the decisionmaking and recommendation and that Zoning Board member is subsequently found not to have completed the mandatory training course.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
The powers of the Zoning Board of Adjustment shall be those listed in N.J.S.A. 40:55D-68, 40:55D-69 and 40:55D-70, and amendments and supplements thereto, and in this section.
b. 
It is the intent of this section to confer upon the Board of Adjustment all powers that may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before it, to interpret and construe the provisions of this chapter and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
c. 
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general precept that equity shall be done in cases where strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in the Municipal Land Use Law or subsequent statutes in such cases made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Appeals to the 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 regulations or Official Map. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal is taken, together with 13 copies of the notice with the Administrative Officer. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
b. 
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to the Zoning Officer shall be filed with the Administrative Officer. Fourteen copies of the application shall be filed. At the time of filing the appeal or application but in no event less than 14 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 rules of the Board of Adjustment.
c. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may only be granted 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of the Municipal Land Use Law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end exercise all the powers of the Administrative Officer from whom the appeal was taken.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Board of Adjustment shall have such other powers as are granted by law to:
a. 
Hear and decide cases where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations.
b. 
Hear and decide requests for interpretation of the Zoning Map or regulations or for decision upon other special questions upon which such Board is authorized by this chapter to pass.
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 property, the strict application of any regulation in the zoning regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, grant a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a principal 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 Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60.
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.
e. 
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
The Zoning Board of Adjustment shall, in addition to the powers specified in this section, have power given by law to:
1. 
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.
2. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
b. 
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-76b et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
The Board of Adjustment shall render its decision not later than 120 days after the date:
1. 
On which an appeal is taken from the decision of an administrative officer; or
2. 
Of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72(b).
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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Meetings of both the Planning Board and Zoning Board of Adjustment 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 Chairperson or on the request of any two Board members, which shall be held on notice to its 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 majority vote of a quorum except as otherwise required by any provision of the Municipal Land Use Law.
e. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975.[1] An executive session for the purpose of discussion and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 e seq.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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 Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matters 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 or by ordinance.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided for by ordinance may be provided for by and adopted as part of the rules of the Board, and copies of said rules or of the separate fee schedule shall be made available to the public.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Application forms. All applicants shall obtain application forms from the Administrative Officer of the municipal agency to which the application is to be submitted. The Administrative Officer shall inform the applicant of the steps to be taken to initiate the application and of the meeting dates of the municipal agency.
b. 
Checklists to accompany applications for development. The following checklists are hereby made part of this section and may be found at the end of this chapter:[1]
1. 
M-1 Administrative.
2. 
M-2 Minor Site Plan.
3. 
M-3 Minor Subdivision.
4. 
M-4 Major Site Plan.
5. 
M-5 Major Subdivision (Preliminary).
6. 
M-6 Major Subdivision (Final).
7. 
M-7 Concept Review.
8. 
M-8 Variances ("c" and "d").
[1]
Editor's Note: The checklists are included as attachments to Chapter 30A, Land Use Appendix.
c. 
Completeness of application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. Certification as to the completeness of an application shall be in the form of a written notice mailed to the applicant at the address set forth in the application. If no certification as to the completeness and no notice of incompleteness is mailed to the applicant within 45 days of the submission of an application, then for purposes of the commencement of the time period for action by the municipal agency of the application shall be deemed complete as of the expiration of such forty-five-day period. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days of the submission of the request.
d. 
Correction and supplementation of application. The fact that an application has been certified to be complete or is deemed complete by reason of a lack of notice of deficiencies does not diminish the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipality may at any time require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary for approval of the application. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.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 (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. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party, at his expense.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The applicant shall give notice whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. and as specified below. The following types of applications are exempt from noticing requirements: 1) minor site plan; 2) minor subdivision; and 3) final major subdivision review (whereas preliminary major subdivision review shall require notice). No application requiring variance relief or conditional use approval shall be exempt from public notice.
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, whether located within or without the municipality in which 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 Map 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 to the owners of land in such adjoining municipalities which are located within 200 feet of a 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 the Municipal Land Use Law.
g. 
All notices hereinabove 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 section shall state the date, time and place of the hearing, 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 and documents for which approval is sought are available as required by law.
j. 
Notice of hearing concerning the Master Plan, a capital improvement program or the Official Map shall be made in accordance with N.J.S.A. 40:55D-13, 40:55D-14 and 40:55D-15.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as provided in Subsection 30-821.5, Fees, 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
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 decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the Board office, which shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those fees established for copies of other public documents in the municipality.
c. 
Publication of decisions. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Administrative Officer of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Pursuant to the provisions of N.J.S.A. 40:55D-39e and 40:55D-65h, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Where the Land Development Ordinance refers to the duties and powers of the Planning Board or Zoning Board in a manner inconsistent with provisions of the Municipal Land Use Law, the Municipal Land Use Law shall supersede.