[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]
A. 
Requirement. Each Board shall hold a hearing on each of its respective applications for development and, in the case of the Planning Board, for the adoption, revision or any amendment to the Master Plan.
B. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law or of this chapter (N.J.S.A. 40:55D-1 et seq.).
C. 
Maps and documents. 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 Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
D. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
F. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
G. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means at the expense of the respective Board. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified, in writing, by the transcriber to be accurate.
[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.
A. 
Public notice of a hearing on an application for development shall be required except as set forth herein.
B. 
No public notice of a hearing shall be required for the following applications for development:
(1) 
Minor site plan review. The Board shall waive notice and public hearing for an application for development upon the Board determining that the application for development conforms to the definition of "minor site plan," provided that no variances or other waiver from design standards, requiring notice and public hearing, are requested.
(2) 
Minor subdivisions. The Board shall waive notice and public hearing for an application for development upon the Board determining that the application for development conforms to the definition of "minor site plan," provided that no variances or other waiver from design standards, requiring notice and public hearing, are requested.
(3) 
Final approval of site plans and major subdivisions.
C. 
Variance applications pursuant to § § 175-216(1)(a) and 175-30A(3) and (4) shall require public notice when the variance request is made as part of an application for development otherwise excepted from public notice.
D. 
Public notice shall be required for preliminary major site plan approval.
E. 
Whenever public notice of a hearing is required, notice shall be given as follows:
(1) 
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 subject property, and whether located within or without the Township in which the applicant's land is located. 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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such 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 mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate.
(2) 
Notice to a partnership owner may be made by the applicant by service upon any partner. Notice to a corporate owner may be made by the applicant 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 within 200 feet of the subject property, 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.
(3) 
Notice of all hearings on application for development involving property located within 200 feet of an adjoining municipality shall be given by the applicant, by personal service or certified mail, to the Clerk of such municipality.
(4) 
Notice shall be given by personal service or certified mail by the applicant 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.
(5) 
Notice shall be given by the applicant 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.
(6) 
Notice shall be given by the applicant, by personal service or certified mail, to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to § 175-38C.
(7) 
Public notice shall be given by the Board Secretary and may be given by the applicant, by publication in the official newspaper of the Township at least 10 days prior to the date of the scheduled meeting.
(8) 
All notices specified in this section shall be given at least 10 days prior to the date fixed for hearing. The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(9) 
Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing.
[Amended 11-21-1984 by Ord. No. O-26-84]
(10) 
The notice stated in Subsection E(3), (4), (5) and (6) is not required unless public notice is required pursuant to Subsections A, B, C and D and notice is required pursuant to Subsection E(2) and (3).
[Amended 11-21-1984 by Ord. No. O-26-84]
(11) 
Contents of notice. All notices required to be given pursuant to this chapter shall state the date, time and place of the hearing, describe and specify design and/or performance standards exceptions requested if applicable, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by § 175-38C.
[Amended 11-21-1984 by Ord. No. O-26-84]
(12) 
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 § 175-40.1, by:
[Added 7-21-1992 by Ord. No. O-27-92; amended 8-12-1997 by Ord. No. O-40-97]
(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.
[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.
A. 
A brief notice of each decision on any application for development shall be published in the official newspaper of the municipality. The ten-day period of time in which an appeal of the decision may be made shall run from the first day of publication of the decision.
B. 
All decisions of the Zoning Board of Adjustment granting any affirmative relief to an applicant shall be published by the applicant and a copy of said publication filed with the said Board. The publication of any decision of the Zoning Board of Adjustment which does not grant relief to the applicant shall be published by the Secretary of the Zoning Board of Adjustment. This shall not prevent, however, an unsuccessful applicant from providing the aforesaid publication.
[Amended 12-18-1989 by Ord. No. O-33-89]
C. 
All decisions of the Planning Board, whether granting or denying relief, shall be published by the Secretary of the Planning Board.
[Added 12-18-1989 by Ord. No. O-33-89]
A. 
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 (N.J.S.A. 40:55D-39 and 55D-65).
B. 
A corporation or partnership applying to the Planning Board or the Board of Adjustment 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 (N.J.S.A. 40.55D-48.1 et seq.).
C. 
If a corporation or partnership owns 10% or more of the stock of a corporation or a ten-percent or greater interest in a partnership, subject to disclosure pursuant to Subsection B above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or ten-percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent ownership criterion established above have been listed.
[Amended 11-21-1984 by Ord. No. O-26-84]
D. 
No Board shall approve the application of any corporation or partnership which does not comply with this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
[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.
[1]
Editor's Note: Former § 175-45, Appeals to Township Council, as amended, was repealed 10-5-1987 by Ord. No. O-37-87.
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.
A. 
Issuance (N.J.S.A. 40:55D-56).
(1) 
A prospective purchaser, prospective mortgagee, or any other person interested in any land which either forms part of a subdivision or formed part of such a subdivision as of August 1, 1973, may apply, in writing, to the Secretary to the approving Board for the issuance of a certificate certifying whether such subdivision has been approved by the Board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.
(2) 
The Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) 
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
(a) 
Whether there exists in the Township a duly established Planning Board.
(b) 
Whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.).
(c) 
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Board and, if so, the date of such approval.
(d) 
Any extension and the terms of any extensions, showing that the subdivision of which these lands are a part is a validly existing subdivision.
(e) 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter (N.J.S.A. 40:55D-1).
B. 
Rights conferred by certificate.
(1) 
Any person who shall acquire for a valuable consideration an interest in lands covered by a certificate as to approval of subdivision of land and who shall rely upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of Article XV (N.J.S.A. 40:55D-55).
(2) 
If the Board Secretary designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to Article XV (N.J.S.A. 40:55D-55).
(3) 
Any application for a certificate of subdivision approval addressed to the Clerk of the Township shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.