A.
A Zoning Board of Adjustment is hereby created pursuant
to N.J.S.A. 40:55D-69 et seq. which shall consist of seven residents
of the Borough of Haddon Heights and which may have not more than
two alternate members, each of whom shall be residents of the Borough
of Haddon Heights and shall be appointed by the Borough Council. Each
member shall serve a term of four years from January 1 of their year
of appointment. The terms of the members first appointed shall be
so determined that to the greatest practicable extent the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years after their
appointment, provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter the term of each regular member
shall be four years and the term of each alternate member shall be
two years. Nothing in this chapter shall, however, be construed to
affect the terms of any present members of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the terms
for which they were appointed.
B.
Alternate members shall be designated at the time
of their appointments as "Alternate No. 1" and "Alternate No. 2."
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
C.
No member of the Zoning Board of Adjustment shall
hold an elective office or position under the municipality.
D.
No member of the Zoning Board of Adjustment shall
be permitted to act upon any matter in which he has, either directly
or indirectly, any personal or financial interest.
E.
A member may, after a public hearing if he requests
it, be removed by the governing body for cause. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
F.
Yearly, the Zoning Board of Adjustment shall organize
by selecting from among its regular members a Chairperson and a Vice
Chairperson. The Board shall also select a Secretary, who may or may
not be a member of the Board or a municipal employee.
G.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Zoning Board of Adjustment.
H.
The Zoning Board of Adjustment may employ or contract
for and fix the compensation of legal counsel, other than the Municipal
Attorney, and experts and other staff services as it shall deem necessary,
not exceeding, exclusive of gifts and grants, the amount appropriated
by the Borough Council for its use.
[Amended 10-19-2004 by Ord. No. 1181; 1-20-2009 by Ord. No. 1288; 9-1-2009 by Ord. No. 1315]
A.
The Planning Board shall have the following powers,
which were previously vested in the Zoning Board of Adjustment:
(1)
To hear and decide appeals where it is alleged by
the appellant that there is an error in any order, requirement, decision
or refusal made by an administrative officer based on or made in the
enforcement of the zoning provisions of this chapter.
(2)
To hear and decide, in accordance with the provisions
of any such ordinance, requests for interpretation of the Zoning Map
or Ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any zoning or official map ordinance
in accordance with N.J.S.A. 40:55D-1 et seq.
(3)
Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property or by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulations
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
to 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, including a variance for conditional
use; provided, however, that no variance shall be granted to allow
a structure or use in a district restricted against such structure
or use, and provided further that the proposed development does not
require approval by the Planning Board of a subdivision site plan
or conditional use in conjunction with which the Planning Board shall
review a request pursuant to N.J.S.A. 40:55D-60a.
(4)
Where, in an application or appeal relating to a specific
piece of property, the purposes of this chapter would be advanced
by a deviation from the zoning requirements and the benefits of the
deviation would substantially outweigh any detriment, to grant a variance
to allow departure from such zoning requirements; provided, however,
that the fact that a proposed use is an inherently beneficial use
shall not be dispositive of a decision on a variance under this subsection
and provided that no variance from those departures enumerated below
shall be granted under this subsection, and provided further that
the proposed development does not require approval by the Planning
Board of a subdivision, site plan or conditional use in conjunction
with which the Planning Board has power to review a request for a
variance.
(5)
Variances.
(a)
In particular cases and for special reasons,
to grant a variance to allow departure from the zoning provisions
of this chapter to permit:
[1]
A use or principal structure in a district restricted
against such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a particular specification or
standard set forth in this chapter as pertaining solely to a conditional
use.
[4]
An increase in the permitted floor area ratio
as defined in this chapter and in N.J.S.A. 40:55D-4.
[5]
An increase in the permitted density as defined
in this chapter and in N.J.S.A. 40:55D-4, excepted as applied to the
required lot area for a lot or lots for detached one- or two-dwelling-unit
buildings, which lot or lots are either an isolated undersized lot
or lots resulting from a minor subdivision, in which event applications
would be made pursuant to this subsection.
[6]
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
(b)
A variance under this subsection shall be granted
only by affirmative vote of at least five members of the Board.
(c)
It shall be the responsibility of any applicant
for a use variance to assure that the hearing will be recorded verbatim
by a court reporter, whether or not the means for doing so are provided
by the Board.
(d)
A variance under this subsection shall expire
if no construction, alteration or conversion relative to the nonconforming
use has been commenced within one year of the date of the Board's
decision to grant the variance. For variances granted prior to the
effective date of this subsection, the one-year period shall commence
as of the effective date of this subsection. For variances which become
the subject of litigation, the one-year period shall commence on the
date of the last reviewing court's decision to grant the variance.
For good cause shown and after a hearing before the Board on notice
in the manner required for original variance applications, the Board
may extend the variance by resolution. Any extension may not exceed
one year in duration, and no more than four extensions shall be permitted.
To receive consideration, an application for extension of a variance
shall be made prior to the expiration of the time limit sought to
be extended.
(e)
No variance or other relief may be granted under
the terms of this section, including a variance or other relief involving
an inherently beneficial use, unless such variance or other relief
can be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the zoning
plan and other provisions of this chapter. An application under this
section may be referred to any appropriate person or agency, including
the Planning Board, pursuant to N.J.S.A. 40:55D-26, for its report,
provided that such reference shall not extend the period of time within
which the Zoning Board of Adjustment shall act.
B.
The Zoning Board of Adjustment shall have such other
powers, including the following:
(1)
Direct issuance of a construction 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 pursuant to N.J.S.A. 40:55D-32.
(2)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-36 for the construction of a building or structure
not related to a street.
(3)
The power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning provisions. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to § 450-145A(5) of this chapter shall not be required.
(4)
Whenever an application for development requests relief pursuant to Subsection B(3) of this subsection, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(5)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Zoning Board of Adjustment shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time.
C.
Wherever
the words "Zoning Board of Adjustment" appear within the Code of the
Borough of Haddon Heights, said words shall now read "Planning Board."
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party affected by any decision of an official of
the Borough of Haddon Heights based on or made in the enforcement
of the Zoning Ordinance or Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal is taken, with three copies of the notice given to
the Secretary of the Board. The notice shall specify the grounds for
the appeal. The official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
B.
A developer may file an application for development
with the Board of Adjustment for action under any of its powers without
prior application to an administrative officer.
C.
The Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all powers of
the municipal official from whom the appeal is taken.
D.
An appeal to the Zoning Board of Adjustment shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the municipal official
from whose action the appeal is taken certifies to the 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 other than by an order of the Superior Court upon
notice to the municipal official from whom the appeal is taken and
on due cause shown.
E.
The Board shall render a decision not later than 120
days after the date the appeal is taken from the decision of the municipal
official or from the date the application is certified as a complete
application by the administrative officer, as the case may be, or
within such further time as may be consented to by the applicant.
Failure of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
A.
A Planning Board is hereby established pursuant to
N.J.S.A. 40:55D-23 in Haddon Heights Borough consisting of nine members
and two alternate members of the following four classes; all members
of the Planning Board, except for the Class II members set forth below,
shall be municipal residents:
[Added 10-19-2004 by Ord. No. 1181]
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
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 Section 1 of P.L. 1968, c. 245 (N.J.S.A.
40:56A-1), shall be deemed to be the Class II Planning Board member
for the purposes of this chapter in the event that there are among
the Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
(3)
Class III: a member of the governing body to be appointed
by it.
(4)
Class IV.
(a)
Class IV regular members: six other citizens
of the municipality to be appointed by the Mayor. The members of Class
IV shall hold no other municipal office, position or employment, except
that one member may be a member of the Board of Adjustment or Historic
Preservation Commission and one may be a member of the Board of Education.
If there is a Municipal Environmental Commission, the member of the
Environmental Commission who is also a member of the Planning Board,
as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1),
shall be a Class IV Planning Board member, unless there are among
the Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment or Historic Preservation Commission
and a member of the Board of Education, in which case the member common
to the Planning Board and Municipal Environmental Commission shall
be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
[Amended 7-3-2018 by Ord.
No. 1456]
(b)
Class IV alternate members.
[1]
Two other citizens of the municipality may be
appointed as alternate members, who shall be municipal residents.
Alternate members shall be appointed by the Mayor and shall meet the
qualifications of Class IV members. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring other than by expiration of term shall be filled by the
appointing authority for the unexpired term only.
[2]
No alternate member shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest. An alternate member may, after public
hearing if he requests one, be removed by the governing body for cause.
[3]
Alternate members may participate in all matters
but may not vote except in the absence or disqualification of a regular
member of any class. Participation of alternate members shall not
be deemed to increase the size of the Planning Board established by
this section. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
B.
The term of the member composing Class I shall correspond
to the Mayor's official tenure, or if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The term 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 Class IV member who is also
a member of the Environmental Commission shall be for three years
or terminate at the completion of his term of office as a member of
the Environmental Commission, whichever comes first. The term of a
Class IV member who is also a member of the Board of Adjustment or
Board of Education shall terminate whenever he is no longer a member
of such other body or at the completion of his Class IV term, whichever
occurs first. The terms of all Class IV members 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, provided that the initial Class IV term of no member
shall exceed four years. Thereafter, the Class IV term of each such
member shall be four years. If a vacancy in any class shall occur
otherwise than by expiration of the Planning Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
All terms shall run from January 1 of the year in which the appointment
was made. No member of the Planning Board shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest. Any member other than a Class I member,
after a public hearing, if he requests one, may be removed by the
governing body for cause. Nothing in this chapter shall, however,
be construed to affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed.
[Amended 10-19-2004 by Ord. No. 1181]
C.
If a vacancy in any class shall occur other than by
expiration of a term, it shall be filled by appointment as above provided
for the unexpired term.
D.
Yearly, the Planning Board shall organize by selecting
from among its Class IV regular members a Chairperson and a Vice Chairperson.
The Board shall also select a Secretary, who may or may not be a member
of the Board or a municipal employee.
E.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Planning Board.
F.
The office of Planning Board Attorney is hereby created.
The Planning Board may annually appoint to such office and fix compensation
or rate of compensation of an attorney at law of New Jersey other
than the Municipal or Board of Adjustment Attorney.
G.
The Planning Board 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, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
A.
The Planning Board shall have the powers listed below
in addition to other powers established:
(1)
To make, adopt and from time to time amend a Master
Plan for the physical development of the Borough, which shall include
consideration of any areas outside its boundaries which, in the Board's
judgment, bear essential relation to the planning of the Borough according
to the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the land subdivision and site plan review
provisions of this chapter and other development control ordinances
of the Borough in accordance with the applicable provision thereof
and the provisions of N.J.S.A. 40:55D-37 et seq.
(3)
To participate in the preparation and review of programs
or plans required by state or federal law or regulation.
(4)
To assemble data on a continuing basis as part of
a continuous planning process.
(5)
To approve conditional use applications in accordance
with the provision of this chapter pursuant to N.J.S.A. 40:55D-67.
(6)
To approve planned developments as conditional uses
in accordance with the provisions of this chapter and upon making
the following findings pursuant to N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the zoning standards applicable to the planned development.
(b)
That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate.
(c)
That the physical design of the proposed development
makes adequate provision for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment.
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
That the terms and conditions are adequate to
protect the interest of the general public as well as the resident
owners or tenants of the proposed development in the timely completion
of any development which may be proposed to be constructed over a
period of years.
(7)
From time to time, at the request of the governing
body, to prepare or review a program of municipal capital improvement
projects projected over a term of six years and recommend the same
to the governing body.
(8)
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 to pass upon other matters specifically referred to the Planning
Board by the governing body pursuant to the provisions of N.J.S.A.
40:55D-26b.
(9)
To perform such other advisory functions as may be
assigned to it by ordinance or resolution of the governing body.
B.
The Planning Board shall have such other powers as
prescribed by law, including but not limited to the power to grant
the following variances, to the same extent and subject to the same
restrictions as the Zoning Board of Adjustment, when the Planning
Board is reviewing applications for approval of subdivision plats,
site plans or conditional uses:
(1)
Variances pursuant to this chapter, except variances
for conditional uses.
(2)
Direction for issuance of a permit for a building
or structure in the bed or mapped street or public drainageway, flood
control basin or public area.
(3)
Direction for issuance of a permit for a building
or structure on a lot not abutting a street.
C.
Whenever relief is requested pursuant to this section,
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.
D.
The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval for
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the zone plan and the zoning provisions of this chapter.
[Amended 10-19-2004 by Ord. No. 1181]
A.
Meetings.
(1)
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month and
shall be held as scheduled unless canceled for lack of pending applications.
(2)
Special meetings may be held at the call of the Chair
or at the request of any two Board members. The members of the respective
Board and the public shall be given notice of such meeting in accordance
with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present, said quorum to be the majority of the full authorized
membership of the Board.
(4)
All actions shall be taken by majority vote of the
members of the Board present at the meeting except as otherwise required
by a provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to
receive the number of votes required to approve an application for
development shall be deemed an action denying the application. A member
of the Board who was absent for one or more of the meetings at which
a hearing was held shall be eligible to vote on a matter upon which
the hearing was conducted, notwithstanding his absence from one or
more of the meetings; provided, however, that a transcript or recording
of all of the hearing from which he was absent exists, and provided
further that such Board member certifies in writing to the Board that
he has read such transcript or listened to such recording.
(5)
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 Meeting Law,
P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular meeting in accordance with the provision of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(6)
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the municipal agency and of the persons appearing by attorney, the
action taken by the municipal agency, 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 administrative officer. Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his use.
B.
Public hearings.
(1)
The Planning Board or Zoning Board of Adjustment shall
hold a hearing on each application for development, adoption, revision
or amendment of the Master Plan, each application for approval of
an outdoor advertising sign submitted to the municipal agency as required
pursuant to an ordinance adopted under Subsection g of Section 29.1
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-39) or any review undertaken
by the Planning Board pursuant to Section 22 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-31). Each Board shall make the rules governing such
hearings.
(2)
Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Zoning Enforcement Officer. The applicant
may produce other documents, records or testimony at the hearing to
substantiate, clarify or supplement the previously filed maps and
documents.
(3)
Every application for development submitted to the
Planning Board or 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.
(4)
The officer presiding at the hearings, 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. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(5)
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.
(6)
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
(7)
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means at the developer's expense.
(8)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of facts and conclusions based thereon.
(a)
Failure of a motion to approve an application
for development to receive the number of votes required for approval
shall be deemed an action denying the application.
(b)
The municipal agency may provide such written
decisions and findings and conclusions either on the date of the meeting
at which the municipal agency takes to grant or deny approval or,
if the meeting at which such action is taken occurs within the final
45 days of the applicable time period for rendering a decision on
the application for development, within 45 days of such meeting by
the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision on the application.
(c)
The adoption of a resolution of memorialization
pursuant to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency, except that
failure to adopt such a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
(9)
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant or,
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency in
the office of the Zoning Enforcement Officer. The administrative officer
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
his office during reasonable hours.
(10)
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant unless a particular municipal officer
is so designated by ordinance, provided that nothing contained in
this chapter shall be construed as preventing the applicant from arranging
such publication if he so desires. The municipality may make a reasonable
charge for its publication. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision, whether arranged by the municipality or the applicant.
C.
Notice of applications.
(1)
Public notice of a hearing shall be given by the applicant
for the following applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for issuance of a permit to build
within the bed of a mapped street or public drainageway or on a lot
not abutting a street.
(d)
Any request for approval of a major or minor
site plan and/or subdivision.
(e)
Any request for approval of a planned development.
(f)
In addition, public notice shall be given by
a public entity seeking to erect an outdoor advertising sign on land
owned or controlled by a public entity as required pursuant to Section
22 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-31) or, if so provided by
ordinance adopted pursuant to Subsection g of Section 29.1 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-39), by a private entity seeking to
erect an outdoor advertising sign on public land or on land owned
by a private entity.
(g)
Any request for certification or approval of any pre-existing
nonconforming use or structure pursuant to N.J.S.A. 40:55D-68.
[Added 9-19-2017 by Ord.
No. 1445]
(2)
The Secretary of the Planning Board or Zoning Board
of Adjustment,[2] as the case may be, shall notify the applicant at least
10 working days prior to the public hearing at which the application
will be discussed. 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:
(a)
By publication in the official newspaper of
the Borough, if there is one, or in a newspaper of general circulation
in the Borough in the absence of an official newspaper.
(b)
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 such hearing,
provided that this requirement shall be deemed satisfied by notice
to the condominium association in the case of any unit owner whose
unit has a unit above or below it or to the 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 thereof on the
property owner as shown on 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 said current
tax duplicate. Pursuant to the provisions of N.J.S.A. 40:55D-14, it
is not required that a return receipt be obtained.
(c)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate 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. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is 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.
(d)
To the Clerk of any adjoining municipality or
municipalities when the property involved is located within 200 feet
of said adjoining municipality or municipalities. Notice shall be
given by personal service or certified mail.
(e)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(f)
To the Commissioner of Transportation of the
State of New Jersey when the property abuts a state highway. Notice
shall be given by personal service or certified mail.
(3)
Upon the written request of an applicant, the Tax Assessor or Tax Assessor's secretary shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection C(7) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding.
[Amended 8-21-2012 by Ord. No. 1385]
(4)
The applicant shall be responsible for giving proper
notice to all property owners.
(6)
The notice shall state the date, time and place of
the hearing and the nature of the matters to be discussed, including
a precise description of any requested variances or design standard
waivers; 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 Borough Tax Assessor's
office; and the location and times at which any maps or documents
for which approval is sought are available for inspection.
(7)
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under this chapter requiring public notice pursuant to this section
shall be given, in the case of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and which has registered with the municipality
in accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1),
by serving a copy of the notice on the person whose name appears on
the registration form on behalf of the public utility, cable television
company or local utility or by mailing a copy thereof by certified
mail to the person whose name appears on the registration form at
the address shown on that form.
(8)
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
Any interested party may appeal to the Superior
Court any final decision of the Zoning Board of Adjustment or Planning
Board.
Any decision of the Planning Board or Zoning
Board of Adjustment when acting upon an application for development
and any decision of the governing body when acting upon an appeal
shall be given notice in the following manner:
A.
Within 10 days of the date of decision or date of
memorialization, a copy thereof shall be mailed without separate charge
by the appropriate municipal authority to the applicant or appellant
or to any attorney by whom represented. A copy of the decision shall
also be mailed within 10 days to any interested party who has requested
it and who has paid the fee prescribed by the municipal authority
for such service.
B.
A brief notice of every final decision shall be published
in the official newspaper of the Borough. Such publication shall be
arranged by the Secretary of the Planning Board, the Secretary of
the Zoning Board of Adjustment or the Borough Clerk, 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.
C.
A copy of the decision shall also be filed in the
office of the Borough Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of a fee calculated
in the same manner as that established for copies of other public
documents in the Borough.
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
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.
A corporation or partnership applying to the Planning
Board or the Zoning Board of Adjustment or the governing body for
permission to subdivide a parcel of land into six or more lots or
applying for a variance to construct a multiple dwelling of 25 or
more family units or for approval of a site to be used for commercial
purposes shall list the names and addresses of all stockholders or
individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of
the stock of a corporation or 10% or greater interest in a partnership,
either of which is subject to disclosure, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in said partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ten-percent ownership criterion act have been listed.
D.
Any corporation or partnership which conceals the
names of the stockholders owning 10% or more of its stock or of the
individual partners owning a ten-percent or greater interest in the
partnership, as the case may be, shall be subject to a fine of $1,000
to $10,000, which shall be recovered in the name of Haddon Heights
Borough in any court of record in the state in a summary manner pursuant
to the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.).
[Amended 10-19-2004 by Ord. No. 1181]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, 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 said
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.
