[HISTORY: Adopted by the Township Committee
of the Township of Lebanon as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 6-1976 (Sec. 16-1 of the 1985 Revised
General Ordinances)]
[Amended by Ord. No. 5-1977; Ord. No. 13-1978]
A.
The Zoning Board of Adjustment, heretofore established,
is hereby continued subject to the provisions of N.J.S.A. 40:55D-69.
B.
The Board of Adjustment shall consist of seven members
and two alternate members. No member or alternate member may hold
any elective office or position under the Township. Each member and
alternate member shall be appointed by the Township Committee. Regular
members shall be appointed for a term of four years running from January
1 of the year appointed; provided, however, that the terms shall be
arranged so as to provide that not more than two terms shall expire
in any one year. Alternate members shall be appointed for a term of
two years running from January 1 of the year appointed.
C.
Vacancies shall be filled by appointment of the Township
Committee for the unexpired term. The Board shall elect its own Chairman
and Vice Chairman from its membership, and select a Secretary who
may be a member of the Zoning Board of Adjustment or a Township employee.
The Chairman shall designate alternate members as "Alternate No. 1"
and "Alternate No. 2" who shall serve in rotation during the absence
or disqualification of any regular members.
D.
Removal. All members of the Zoning Board of Adjustment
shall be subject to removal for cause, upon written charges after
notice of such charges and a public hearing by the Township Committee.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by § 56
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
A.
Any person who is serving as a member or alternate
member of the Planning Board or Zoning Board of Adjustment on the
first date on which a course in land use law and planning is offered
by the Commissioner of Community Affairs shall be required to complete
that course within 18 months of the date upon which the course is
first offered in order to retain membership on that board.
B.
No person shall be seated as a first-term member or
alternate member of the Planning Board or Zoning Board of Adjustment
unless the person agrees to take the basic course in land use law
and planning offered by the Commissioner of Community Affairs, which
the person shall successfully complete within 18 months of assuming
board membership in order to retain board membership.
C.
A hearing or proceeding held, or decision or recommendation
made, by the Planning Board or Zoning Board of Adjustment shall not
be invalidated if a member has participated in the hearing or proceeding
or in the decisionmaking or recommendation and that member is subsequently
found not to have completed the basic course in land use law and planning.
No member of the Board of Adjustment shall receive
any compensation for his services on the Board.
[Amended by Ord. No. 10-1985; Ord. No. 13-1997]
A.
The Board of Adjustment shall have the power 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 a municipal official based on or made in enforcement of Chapter 400, Zoning.
(2)
Hear and decide requests for interpretation of the Zoning Map or Chapter 400, Zoning, or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map regulation.
(3)
Variances.
(a)
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 regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship;
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in § 400-2 of Chapter 400, Zoning, and the Municipal Land Use Law would be advanced by deviation from the requirements of Chapter 400, Zoning, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; 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, further, that no variance from those departures enumerated in Subsection A(4) 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 pursuant to § 45-32 of this chapter.[1]
(4)
Grant a variance to allow departure from zoning regulations
(including but not limited to allowing a structure or use in a district
restricted against such structure or use), in particular cases and
for special reasons to permit:
(a)
A use or principal structure in a district restrictive
against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pertaining
solely to a conditional use;
(e)
An increase in the permitted density as defined in § 400-4, Definitions, except as applied to the required lot area for a lot or lots for detached one- and two-dwelling-unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by the affirmative vote of at least five members;
(f)
The height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
B.
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, without a showing that 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 Chapter 400, Zoning.[2]
The Board shall adopt such rules of procedure
not inconsistent with the provisions of the Revised Statutes of New
Jersey and local ordinances as it may deem necessary to the proper
performance of its duties and the proper exercise of its powers.
The Board of Adjustment may employ, or contract
for, and fix the compensation for legal counsel other than the Municipal
Attorney, and experts and other staff and services as it shall deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the Township Committee for its use.
[Amended by Ord. No. 10-1985]
A.
The Board of Adjustment shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by the Board. Regular meetings shall be scheduled
unless cancelled for lack of applications for development to process.
The Board may provide for special meetings, at the call of the Chairman,
or on the request of any two of its members, which shall be held on
notice to its members and the public in accordance with municipal
regulations. No action shall be taken at any meeting without a quorum
being present.
(1)
All actions shall be taken by a majority vote of a
quorum present except as follows:
(2)
Failure of a motion to receive the number of votes
required to approve an application for development pursuant to the
exceptional vote requirements noted above shall be deemed an action
denying the application.
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with municipal regulations.
C.
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 offices of the Board. 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.
[Amended by Ord. No. 10-1985; Ord. No. 25-1989; Ord. No. 2-1996]
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 400, Zoning, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.[1]
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.
Form.
(1)
Whenever an application for development to the Board
of Adjustment is permitted or required by this article, it shall be
in such form, and accompanied by such maps, documents and materials
as are prescribed by this article, and shall be submitted to the administrative
officer in such numbers as is prescribed by rule of the Board.
(2)
The administrative officer shall prepare and furnish
to applicants standard application forms which shall require the following
information:
(a)
Applicant's name, address and telephone number.
(b)
Owner's name, address and telephone number.
(c)
Interest of applicant in property.
(d)
Ownership of applicant.
(e)
Name, address and telephone number of applicant's
attorney (if represented).
(f)
Street address of property.
(g)
Tax lot and block number of property.
(h)
Zone district in which property is situated.
(i)
Description of property.
(j)
Description of proposed development.
(k)
Type of application.
(l)
Specific relief requested.
(m)
Sufficient information to facilitate review
of the proposed development in light of the criteria and standards
applicable to the application for development.
(n)
The applicant must sign a certification that
there are no fines, monetary penalties, fees, escrows or any monies
due and owing to Lebanon Township at the time the application is filed.
D.
Completeness of applications. An application for development
shall be complete for the purpose 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. In the event that
the agency, committee or designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon expiration of the forty-five-day period
for the purposes of commencing the applicable time period unless:
(2)
The municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
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. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the section, or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revision in the accompanying
documents so required by the municipal agency.
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the officer from whose action
the appeal is taken certifies to the Board of Adjustment, after the
notice of appeal shall have been filed with him, that by reason of
facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
A.
Upon the filing of any appeal as hereinafter provided,
or other application in any matter or proceeding over which the Board
of Adjustment shall have jurisdiction by law or ordinance, the Board
shall hold a hearing on such appeal or application at the next meeting
to be held not less than 15 days after the date of such filing.
B.
The Board of Adjustment shall cause notice of the
time and place of the hearing to be given to the appellant or applicant
and a similar notice, stating the purpose of the hearing, to be published
in the official newspaper of the Township at least 10 days prior to
the hearing. All maps and documents pertaining to the hearing shall
be on file and available for inspection at least 10 days prior to
the date of the hearing at the offices of the Board during normal
business hours.
C.
Notice of a hearing shall be given to the owners of
all real property as shown on the current tax duplicate, located within
200 feet in all directions of the property which is the subject of
such hearing. Notice shall be given by:
(1)
Serving a copy thereof on the property owner as shown
on the current tax duplicate, or his agent in charge of the property;
or
(2)
Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate.
(a)
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.
D.
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. The sum set forth in Chapter 205, Article II, Fee Schedule, shall be charged for such list.[1]
E.
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.
F.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application 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.
G.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
adjacent to a state highway.
H.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection B.[2]
I.
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) requiring
public notice pursuant to this article shall be given:[3]
(1)
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 § 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1),
by:
(a)
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
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(2)
In the case of a military facility which has registered
with the municipality and which is situated within 3,000 feet in all
directions of the property which is the subject of the hearing, by:
J.
The applicant shall file an affidavit of proof of
service with the Board at the time of the hearing.
Any notice made by certified mail pursuant to § 45-12 shall be deemed complete upon mailing.
[Amended by Ord. No. 10-1985]
The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
The notice of the decision of the Board of Adjustment
upon each application shall be published in the official newspaper
of the Township by the Secretary of the Board of Adjustment, and the
period of time in which an appeal of the decision may be made shall
run from the first publication of the decision.
[Amended by Ord. No. 10-1985]
A.
An appeal from any final decision of the Board of
Adjustment with respect to an application under N.J.S.A. 40:55D-70d
may be taken to the Township Committee, provided such appeal shall
be made within 10 days of the date of publication of such decision
of the Board of Adjustment. The appeal shall be in accordance with
the provisions of N.J.S.A. 40:55D-17. No appeal to the Township Committee
with respect to any other decision of the Board of Adjustment shall
be permitted.
B.
Time and manner of appeal; fee. Such appeal shall be made within 10 days after the date of publication of the decision pursuant to § 45-17 by serving upon the Municipal Clerk personally or by certified mail a notice of appeal specifying the grounds thereof and the name and address of the appellant and, if represented, his attorney, and certifying that a transcript of the proceedings below has been ordered, the date ordered and the name and address of the person from whom ordered. A copy of such notice shall also be filed by the applicant with the Board of Adjustment. The notice served upon the Municipal Clerk shall be accompanied by a payment to the Township of a fee of $50.
C.
Proceedings stayed by appeal; exceptions. An appeal
to the Township Committee shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Board of Adjustment certifies to the Township Committee,
after the notice of appeal has been filed with such Board, that by
reason of facts stated in the certificate a stay would in the Board's
opinion cause imminent peril to life or property, and in such a case
proceedings shall not be stayed other than by order of the Superior
Court on application upon notice to such Board and good cause shown.
D.
Appeal to be decided on record; transcript.
(1)
An appeal shall be decided by the Township Committee
only upon the record established before the Board of Adjustment.
(2)
The appellant shall:
(b)
Within 35 days of service of the notice of appeal,
submit a transcript as otherwise arranged to the Municipal Clerk;
otherwise, the Township Committee on its own motion or on motion of
any person entitled to notice of the Board of Adjustment's decision
after hearing upon at least 10 days a written notice to the appellant
by the moving party, may dismiss the appeal.
E.
Notice of meeting. Notice of the meeting to review the record shall be given by the Township Committee by personal service or certified mail to the applicant, to those entitled to notice of the Board of Adjustment's decision pursuant to § 45-12 and to the Board of Adjustment, at least 10 days prior to the date of the meeting.
F.
Power to affirm, reverse or remand; vote required
to affirm, reverse or remand. The Township Committee may affirm with
or without the imposition of conditions, reverse or remand the final
decision appealed from, and the affirmative vote of a majority of
the full authorized membership of the Township Committee shall be
necessary to reverse, remand or affirm with or without conditions
the same.[1]
[1]
Editor's Note: Original Sec. 16-1.17, Site
plan review fees, added by Ord. No. 8-1977, which previously followed
this section, was repealed 4-18-2007 by Ord. No. 2007-7.
A.
Temporary permits may be authorized by the Board of
Adjustment after a hearing for a period not to exceed two years for
nonconforming uses incidental to construction projects on the same
premises and including such uses as storage of building supplies and
machinery, and the assembly of building materials.
B.
In addition, the Board of Adjustment after a hearing
may authorize a certificate of occupancy for a dwelling house to be
temporarily used as a sales and management office for the sale of
those homes within a subdivision, provided all of the following requirements
are complied with:
(1)
The house to be used as such office is built upon
a lot approved as part of a subdivision that has been approved by
the Planning Board.
(2)
The house is of substantially similar design as those
houses to be sold within the subdivision.
(3)
No business other than that accessory to the management
and sales of the lands owned by the applicant shall be permitted.
(4)
The dwelling house shall meet all other zoning restrictions
of the zone in which it is located.
(5)
The temporary certificate of occupancy issued under
this subsection shall be for no longer that a two-year period. However,
such permit may be renewed by the Board of Adjustment annually after
a hearing.
[Amended 4-18-2007 by Ord. No. 2007-7; 8-4-2010 by Ord. No.
2010-11]
A.
If the variance is granted or the issuance of a permit is finally
approved or other action by the appellant or applicant is authorized,
the necessary permit shall be secured and the authorized action of
construction begun within 18 months after the date when the variance
is finally granted or the issuance of the permit is finally approved
or the other action by the appellant or applicant is authorized, and
the structure, building or alteration (as the case may be) shall be
completed within two years of the date of adoption of the resolution
of approval. For good cause, the Board of Adjustment may, upon application
in writing stating the reasons therefor, extend either the eighteen-month
period or the two-year period. The written application for the extension
shall be filed with the Board Secretary prior to the expiration of
the eighteen-month or two-year period, as applicable.
B.
Should the appellant or applicant fail to obtain the necessary permit
or permits within such eighteen-month period, or having obtained the
same, should he fail to commence work thereunder within such eighteen-month
period, it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn and abandoned his appeal or his application,
and all permissions, permits and variances granted shall be deemed
automatically rescinded by the Board of Adjustment.
C.
Should the appellant or applicant commence construction or alteration
within said eighteen-month period, but should fail to complete such
construction or alteration within said two-year period, the Board
of Adjustment may, upon 10 days' notice in writing, rescind or revoke
the granted variance, or the issuance of the permit or permits, or
other action authorized to the appellant or applicant, if the Board
of Adjustment finds that no good cause appears for the failure to
complete the construction or alteration within such two-year period,
and if the Board of Adjustment further finds that conditions have
altered or changed in the time period since the granting of the variance,
appeal, permit or action, that revocation or rescission of the action
is justified.
[Added 4-20-2005 by Ord. No. 2005-08; amended 5-7-2008 by Ord. No. 2008-05]
The checklist for determining the completeness
of applications for development before the Board of Adjustment, titled
"Township of Lebanon Application Checklist," appears at the end of
this chapter.
[Adopted by Ord. No. 5-1976 (Sec. 16-2 of the 1985 Revised
General Ordinances)]
The Planning Board heretofore established is
hereby continued pursuant to the provisions of Chapter 291 of the
Laws of 1975 (N.J.S.A. 40:55D-1 et seq.).
[Amended by Ord. No. 12-1978; Ord. No. 5-1991; 3-1-2006 by Ord. No. 2006-05]
A.
The Planning Board shall consist of nine regular members
and up to two alternate members, all of whom, except for the Class
II members set forth below, shall be municipal residents. For purposes
of appointment, the membership shall be divided and appointed as per
the following classes:
[Amended 4-18-2007 by Ord. No. 2007-7]
(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 be an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board as required by § 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 purposes of this article in the event that there be 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 Township Committee to be
appointed by it.
(4)
Class IV: other citizens of the municipality, to be
appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal
office, position or employment, except that, in the case of nine-member
boards, one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that, in the
case of a nine-member board, one Class IV member may be a member of
the Board of Education. If there be a municipal Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by § 1 of P.L. 1968, c.
245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member,
unless there be 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.
C.
Alternate members. The Mayor may appoint up to two
alternate members to the Planning Board in the same vein as Class
IV members and shall be Township residents. The members shall be designated
by the Mayor as "Alternate No. 1" and "Alternate No. 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. 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 ordinance of the governing body pursuant to § 14 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-23). 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.
[Amended by Ord. No. 12-1978; Ord. No. 5-1991; 3-1-2006 by Ord. No. 2006-05]
A.
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 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 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 occurs 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. Otherwise, the Class IV term of each
such member shall be for 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. 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.
B.
The terms of the Planning Board members shall commence
on January 1.
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to the member's personal or financial interests therein,
regular members of the Board of Adjustment shall be called upon to
serve as temporary members of the Planning Board, for that matter
only, in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chairman
of the Board of Adjustment shall make the choice.
A.
Any person who is serving as a member or alternate
member of the Planning Board or Zoning Board of Adjustment on the
first date on which a course in land use law and planning is offered
by the Commissioner of Community Affairs shall be required to complete
that course within 18 months of the date upon which the course is
first offered in order to retain membership on that board.
B.
No person shall be seated as a first-term member or
alternate member of the Planning Board or Zoning Board of Adjustment
unless the person agrees to take the basic course in land use law
and planning offered by the Commissioner of Community Affairs, which
the person shall successfully complete within 18 months of assuming
board membership in order to retain board membership.
C.
A hearing or proceeding held, or decision or recommendation
made, by the Planning Board or Zoning Board of Adjustment shall not
be invalidated if a member has participated in the hearing or proceeding
or in the decisionmaking or recommendation and that member is subsequently
found not to have completed the basic course in land use law and planning.
The following persons shall be exempt from the education requirements set forth above in § 45-27:
A.
The Mayor or person designated to serve on the Planning
Board in the absence of a Mayor who serves as a Class I member.
B.
A member of the governing body serving as a Class
III member.
C.
Any person who is licensed as a professional planner and maintains a certificate of license issued pursuant to Chapter 14A of Title 45 of the New Jersey Revised Statutes which is current as of the date upon which that person would otherwise be required to demonstrate compliance with the provisions of § 45-27.
D.
Any person who offers proof of having completed a more extensive course in land use law and planning than that required by § 45-27 within 12 months of the date upon which that person would otherwise be required to demonstrate compliance and which, in the determination of the Commissioner, is equivalent to or more extensive than that course offered by the Commissioner of Community Affairs.
[Amended by Ord. No. 12-1978; Ord. No. 5-1991]
A.
The Planning Board is authorized to adopt bylaws governing
its procedural operation.
B.
The Planning Board shall elect a Chairman and Vice
Chairman from the regular members of Class IV, select a Secretary,
who may or may not be a member of the Planning Board or a Township
employee, and create and fill such other office as may be established.
C.
It may employ, or contract for, and fix the compensation
of legal counsel, other than the Township Attorney, and experts, and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Township
Committee for its use.
D.
All members of the Planning Board shall serve without
compensation.
[Amended by Ord. No. 12-1978; Ord. No. 5-1991]
The regular and alternate Class IV members shall hold no other Township office, position, or employment, except as provided in § 45-24 hereof.
[Amended by Ord. No. 5-1991]
No member of the Planning Board shall be permitted
to act any matter in which he has, either directly or indirectly,
any personal or financial interest.
[Amended by Ord. No. 9-1985; Ord. No. 5-1991]
A.
The Planning Board shall follow the provisions of
N.J.S.A. 40:55D-1 et seq. and shall accordingly exercise its power
in regard to:
(1)
The Master Plan pursuant to Article 3 of said Act;
(3)
The Official Map pursuant to Article 5 of said Act;
(4)
Chapter 400, Zoning, including conditional uses pursuant to Article 8 of said Act.
(a)
The Planning Board has the power to grant approval for conditional uses meeting the specifications and standards for such uses as set forth in Chapter 400, Zoning. The applicant is required to affirmatively state in writing how all applicable conditions are met in the application. No variance to deviate from the standards and specification of a conditional use shall be granted by the Planning Board. In such cases, the Board of Adjustment is empowered to act in accordance with N.J.S.A. 40:55D-70d(3).
(5)
The capital improvements program pursuant to Article
4 of said Act;
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulation;
(2)
Assemble data on a continuing basis as part of a continuous
planning process; and
(3)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Township Committee or other agencies or
officers.
[Amended by Ord. No. 9-1985]
A.
The Planning Board shall hold a hearing on each application
for development, or adoption, revision or amendment of the Master
Plan. 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 Planning Board. The applicant may produce other documents,
records, or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
B.
The Chairman of the Planning Board 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. 38 (N.J.S.A. 2A:67A-1 et seq.) shall
apply.
C.
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.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
The Planning 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.
F.
Actions at meetings; quorum. No actions except adjournments
shall be taken at any meeting without a quorum being present. All
actions shall be taken by a majority vote of the members present at
such meeting, except as follows:
(1)
Permit for buildings or structures in the bed of any
street, public drainageway, flood control basin or public area shown
on the Official Map: four affirmative votes.
(a)
Failure of a motion to receive the number of
votes required to approve an application for development pursuant
to the exceptional vote requirements cited above shall be deemed an
action denying the application.
[Amended by Ord. No. 13-1997]
Notice of all hearings on applications for development
shall be given by the applicant at least 10 days prior to the hearing.
B.
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.
C.
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.
D.
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.
E.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk.[2]
F.
Public notice of hearings shall be required in the
case of preliminary major subdivisions; any variance; direction for
issuance of a permit for a building or structure not related to a
street; 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; all conditional uses; and all site plans.
G.
Notice of a hearing requiring public notice shall
be given by the applicant to the owners of all real property as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. Notice shall
be given by:
(1)
Serving a copy thereof on the property owner as shown
on the current tax duplicate, or his agent in charge of the property;
or
(2)
Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate.
(a)
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.
H.
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) requiring
public notice pursuant to this article shall be given:[3]
(1)
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 § 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1),
by:
(a)
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
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(2)
In the case of a military facility which has registered
with the municipality and which is situated within 3,000 feet in all
directions of the property which is the subject of the hearing, by:
I.
Upon the written request of an applicant, the office of the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum set forth in Chapter 205, Article II, Fee Schedule, shall be charged for such list.[4]
J.
Effect of mailing notice. Any notice made by certified
mail shall be deemed complete upon mailing.
Such notice shall be given in accordance with:
Contents of notice of hearing on application for development or adoption of Master Plan shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to an application for development, 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 Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 45-33A.
[Amended by Ord. No. 9-1985]
A.
The decision of the Planning Board is to be reduced
to writing and include findings and conclusions in a resolution of
memorialization including time limitations.
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
of development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in this chapter for action by the municipal
agency on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application pursuant to this section shall be memorialized by resolution as provided above with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings and publications required by Subsections C and D.
(2)
If the municipal agency fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
person may appeal to the Superior Court in a summary manner for an
order compelling the municipal agency to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.
B.
Whenever an application to the Planning Board for
approval of a subdivision plat, site plan or conditional use includes
a request for a hardship variance or special permit, the Planning
Board shall grant or deny approval of the application within 120 days
after the date of submission of the complete application to the administrative
officer.
(1)
In the event that the developer elects to submit a separate consecutive application pursuant to § 45-32, the aforesaid one-hundred-twenty-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in the Municipal Land Use Law.
C.
A copy of the decision shall be mailed by the Planning
Board 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 Planning Board in
the office of the Township Clerk. The Township Clerk 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.
D.
A brief notice of the decision shall be published
in the official newspaper of the Township. Such publication shall
be arranged by the Secretary of the Planning Board. The period of
time in which an appeal of the decision may be made shall run from
the first publication of the decision.
[Amended by Ord. No. 9-1985; Ord. No. 25-1989; Ord. No. 14-1990; Ord. No. 5-1991; Ord. No. 2-1996]
A.
Form. Whenever an application for development to the
Planning Board or Board of Adjustment is permitted or required by
this article, it shall be in such form and accompanied by such maps,
documents and materials as are prescribed by this article, and shall
be submitted to the administrative officer in such numbers as is prescribed
by rule of the Board.
(1)
The administrative officer shall prepare and furnish
to applicants standard application forms which shall require the following
information:
(a)
Applicant's name, address and telephone number.
(b)
Owner's name, address and telephone number.
(c)
Interest of applicant in property.
(d)
Ownership of applicant.
(e)
Name, address and telephone number of applicant's
attorney (if represented).
(f)
Street address of property.
(g)
Tax lot and block number of property.
(h)
Zone district in which property is situated.
(i)
Description of property.
(j)
Description of proposed development.
(k)
Type of application.
(l)
Specific relief requested.
(m)
Sufficient information to facilitate review
of the proposed development in light of the criteria and standards
applicable to the application for development.
(n)
The applicant must sign a certification that
there are no fines, monetary penalties, fees, escrows or any monies
due and owning to Lebanon Township at the time the application is
filed.
B.
Fees for application review as provided in Chapter 400, Zoning, shall accompany each application for development.
C.
Availability of applications to Environmental Commission.
If the Environmental Commission has prepared and submitted to the
Planning Board an index of the natural resources of the Township or
region, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted to the Planning Board. Failure to do so shall not invalidate
any hearing or proceeding.
D.
Applications for conditional uses; additional data.
Each application for a conditional use shall include a request for
any required site plan approval that is related thereto.
E.
Informal review of concept plan. At the request of
the developer, the Planning Board shall grant an informal review of
a concept plan for a development for which the developer intends to
prepare and submit an application for development. The developer is
directed to use the informal discussion guidelines form in preparing
the concept plan application. The developer shall not be bound by
any concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.
F.
Completeness of applications.
(1)
An application for development shall be complete for
the 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. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon expiration of the forty-five-day period for the purposes
of commencing the applicable time period unless:
(a)
The application lacks information indicated on a checklist provided to the applicant pursuant to Subsection G; and
(b)
The municipal agency or its authorized committee
or designee has notified the applicant in writing of the deficiencies
in the application within 45 days of submission of the application.
(2)
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.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the section, or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revision in the accompanying documents so required by the municipal
agency.
G.
Checklist. The checklist for determining the completeness of applications for development before the Planning Board, titled "Township of Lebanon Application Checklist," referred to in Subsection F, appears at the end of this chapter.
[Amended 4-20-2005 by Ord. No. 2005-08; 5-7-2008 by Ord. No. 2008-05]
[Amended by Ord. No. 4-1977; Ord. No. 12-1978]
No appeal from any decision of the Planning
Board shall be taken to the Township Committee.
