[Amended 11-21-1984 by Ord. No. O-26-84]
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he or she has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he or she shall not continue to sit with the
Board on the hearing of such matter nor participate in any discussion
or decision relating thereto as a member of the Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
A. Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless canceled for lack of
applications for development to process. Both Boards shall by resolution
adopt rules to fix the time and place for holding its regular meetings
to conduct business for which each Board is authorized. All reports,
communications, applications or other matters to be submitted to the
members of the respective Boards prior to a meeting shall be delivered
via email by the respective Board Secretary.
[Amended 9-24-2018 by Ord. No. O:26-2018]
B. Special meetings may be called by the Chairman or
on the request of any two Board members and shall be held on notice
to its members and the public in accordance with all applicable legal
requirements.
C. No action shall be taken at any meeting without a
quorum being present.
D. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by any other provision of this chapter and 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 pursuant to the exceptional vote requirements of §
175-31A(1) or
175-30A(3)(c) of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
E. All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Chapter 231 of the Laws of New Jersey 1975 and as may be further required
by any Township regulations. An executive session for the purpose
of discussing and studying any matters to come before either Board
shall not be deemed a regular or special meeting within the provisions
of N.J.S.A. 40:55D-9b.
F. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by §§
175-16 and
175-18B of this chapter 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, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Board of Adjustment, until there is 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.
[Added 7-21-1992 by Ord. No. O-27-92]
G. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by §§
175-25D and
175-27C of this chapter 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 is a 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.
[Added 7-21-1992 by Ord. No. O-27-92]
[Amended 11-21-1984 by Ord. No. O-26-84]
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Board Secretary. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board and in the appropriate Township
ordinance.
[Amended 11-21-1984 by Ord. No. O-26-84]
A. All applications for development must be submitted on the forms supplied by the respective Board Secretary and shall be accompanied by the required fee as set forth in Article
VIII of this chapter.
B. An application for development shall be complete for
purposes of commencing the applicable time period for action by a
Board when so certified by said Board or its authorized committee
or designee. In the event that the Board's 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 the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless the application lacks information
indicated on the checklist provided to the applicant and the Board
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 Board may subsequently
require connection of any information found to be in error and submission
of additional information not specified on the checklist or in the
ordinance 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 revisions in the accompanying documents
so required by the Board.
C. Additional application documents and Board procedures
not otherwise provided by this chapter may be provided for and adopted
as part of the rules of the Board. Copies of said rules shall be available
to the public.
D. An application shall be considered complete when the plans, documents and supporting information submitted includes all items required in Chapter
175, Article
X, in accordance with the standards in Article
XIII and
XIV. In the absence of the appropriate information or waiver request(s), the application shall be deemed incomplete. In the event that a variance is required, an appropriate variance application shall be filed prior to the start of a technical review. Completeness shall not be determined for a subdivision or site plan application until a variance application, delineating all variances that are required, has been filed.
[Added 12-17-1990 by Ord. No. O-31-90]
[Amended 10-3-1988 by Ord. No. O-21-88; 9-10-2018 by Ord. No.
O:23-2018]
A. Application submission and modifications. Written notification shall
be given by the Township, by e-mail or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
(1) The name and address of the applicant.
(2) The legal description and street address, if any, of the parcel that
the applicant proposes to develop.
(3) A brief description of the proposed development, including uses and
intensity of uses proposed.
(4) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(5) The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency.
(6) The approval agency with which the application or change thereto
was filed.
(7) The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plan or reports.
(8) The nature of the municipal approval being sought.
B. Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
e-mail, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such hearing. Such notice
shall contain at least the following information:
(1) The name and address of the applicant.
(2) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(3) The date, time and location of the meeting, hearing or other formal
proceeding.
(4) The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding.
(5) Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6) The purpose for which the meeting, hearing or other formal proceeding
is to be held.
C. Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice, by e-mail
or regular mail, to the Pinelands Commission. Such notice shall contain
the following information:
(1) The name and address of the applicant.
(2) The legal description and street address, if any, of the parcel that
the applicant proposes to develop.
(3) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(4) The date on which the approval or denial was issued by the approval
agency.
(5) Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6) Any revisions to the application not previously submitted to the
Commission.
(7) A copy of the resolution, permit or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
[Added 8-12-1997 by Ord. No. O-40-97]
A. Every public utility, cable television company and local utility interested in receiving notice pursuant to §
175-40E(12) may register with the Township if the public utility, cable television company or local utility has a right-of-way or easement in the Township.
B. The administrative officer of the Township shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the Township pursuant to Subsection
A of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to §
175-40E(12). The information contained therein shall be made available to any applicant, as provided in §
175-41A.
C. A registration fee of $10 may be imposed by the Township on any public utility, cable television company or local utility which registers to receive notice pursuant to Subsection
A of this section.
[Amended 11-21-1984 by Ord. No. O-26-84]
A. Pursuant to the provisions of this chapter, the Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to §
175-40E of this chapter (N.J.S.A. 40:55D-12b and 40:55D-12c). The Tax Assessor 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 §
175-40E(12).
[Amended 8-12-1997 by Ord. No. O-40-97]
B. The applicant shall be entitled to rely on 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 shall
not invalidate any hearing or proceeding.
[Amended 8-12-1997 by Ord. No. O-40-97]
C. The Tax Assessor shall forward to the appropriate
Board a copy of the certified list of property owners prior to the
public hearing.
[Amended 11-21-1984 by Ord. No. O-26-84]
A. Each Board shall vote to either approve or deny an
application, and shall include findings of fact and conclusions based
thereon in each decision and shall reduce the decision to writing.
The Board shall provide the findings and conclusions through:
(1) A resolution adopted at a meeting held within the
time period provided in the act for action by the Board on the application
for development; or
(2) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board 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 pursuant to §
175-35E of this chapter (resulting from the failure of a motion to approve an application) 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 Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection
C and §
175-43 (N.J.S.A. 40:55D-10). If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board 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. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to any interested party and to all persons who have requested it and who have paid the fee set forth in Article
VIII for such service. A copy of the decision shall also be filed in the office of the Board Secretary, who shall make a copy available for public inspection at such office during reasonable hours.
C. For applications within the Pinelands Area of the Township, notice of any determination with respect to an application shall be given by the applicant to the Pinelands Commission within five days following receipt by the applicant of such determination in accordance with the provisions of §
175-39C. These requirements shall not apply to those types of development set forth in §
175-57C of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
D. In the Pinelands Area of the Township, no development shall commence until the requirements of §
175-63, Pinelands Commission Review, have been met.
[Amended 10-3-1988 by Ord. No. O-21-88]
E. No final subdivision or site plan approval shall be issued until the requirements of §
175-63 are met.
[Added 8-7-1989 by Ord. No. O-26-89]
A. Any interested party desiring to appeal a final decision of the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d and §
175-30A(4) of this chapter may appeal to the Town Council.
B. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to §
175-43 of this chapter. The appeal to the Town Council shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
C. The appellant shall, within five days of service of the notice of appeal pursuant to Subsection
A above, arrange for a transcript for use by the Town Council and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Municipal Clerk. Should the appellant neither arrange for nor submit a transcript as provided hereinabove, the Town Council may dismiss the appeal for failure to prosecute. All transcripts shall be certified, in writing, by the transcriber to be accurate.
D. The notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of decision pursuant to §
175-42 of this chapter and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The appeal shall be decided by the Town Council only upon the record established by the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Town Council meeting, and the Town Council shall provide for verbatim recording and transcripts of such meeting.
E. The Town Council shall conclude a review of the record
below not later than 95 days from the date of publication of the notice
of the subject decision of the Zoning Board of Adjustment, unless
the applicant consents, in writing, to an extension of such. Failure
of the Town Council to hold a meeting and conclude a review of the
record below and to render a decision within such specified period
without such written consent of the appellant shall constitute a decision
affirming the action of the Zoning Board of Adjustment.
F. The Town Council may reverse, remand or affirm, wholly
or in part, or may modify the final decision of the Zoning Board of
Adjustment. The affirmative vote of a majority of the full authorized
membership of the governing body shall be necessary to reverse, remand
or affirm with or without conditions any final action of the Board
of Adjustment.
G. An appeal to the Town Council shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the Zoning Board of Adjustment certifies to
the Town Council, after the notice of appeal has been filed with the
Board, that, by reason of facts stated in the certificate, a stay
would, in its 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 on application upon notice to the Board from
whom the appeal is taken and on good cause shown.
H. The Town Council shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Township Clerk. The applicant may, if so desired, also arrange for such publication. The appellant shall also pay a fee as set forth in Article
VIII for publication by the Township Clerk.
I. Nothing herein shall be construed to restrict the
right of any party to obtain a review by any court of competent jurisdiction
according to law. The period of time in which an appeal to a court
may be made shall run from the first publication, whether arranged
by the Township or applicant.
J. Pinelands.
(1) Within the Pinelands jurisdiction, the applicant shall
give notice, by mail, to the Pinelands Commission and to the Pinelands
Executive Director of any design, engineering or other changes made
to an application as a result of an appeal to the Town Council. Such
notice shall be made by mail within five days of the receipt by the
applicant of the decision by the Town Council. Such notice shall be
in such form specified by the Executive Director but shall at least
contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if
any, of the property involved.
(c)
The certificate of filing docket number as issued
by the Executive Director and the date of issuance.
(d)
Copies of any amended applications, plans, plats,
approvals or other documents reflecting the changes.
(e)
A brief description of the changes.
(2) Within the Pinelands Area, notice of decisions shall be as specified in §
175-42C,
D and
E of this chapter.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and the Zoning Board of Adjustment
an index of the natural resources of the Township, the Planning Board
or the Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either Board. Failure of the Planning Board or Zoning
Board of Adjustment to make such informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.