Township of North Brunswick, NJ Article XXXIV Administration

§ 205-135 Planning Board.

A. Establishment; composition. There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Township of North Brunswick, a Planning Board of nine members and two alternates, consisting of the following four classes:

[Amended 1-16-1984; 1-17-1995]

(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 Township other than a member of the Mayor and Council, to be appointed by the Mayor.

(3) Class III: a member of the Mayor and Council, to be appointed by it.

(4) Class IV: six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education.

(5) Alternate members: two alternate members, to be appointed by the Mayor. These members shall meet the qualifications of Class IV members and shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2."

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. Terms.

[Amended 1-16-1984]

(1) 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. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, as determined by resolution of the Municipal Council; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein above provided.

[Amended 1-17-1995]

(2) All terms shall run from January 1 of the year in which the appointment is made.

(3) The terms of the alternate members shall be two years, except that the terms of the alternate members shall be such that the terms of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority, the Mayor, for the unexpired term only.

(4) 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.

(5) Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member of any class. 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 1-17-1995]

C. Vacancies. If a vacancy in any class shall occur otherwise than by expiration of a term, it shall be filled by appointment as above provided for the unexpired term.

D. Organization. The Planning Board shall elect a Chairman and Vice Chairman from a member of Class IV and select a Secretary, who may be either a member of the Planning Board or such other Township employee designated by it.

E. Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.

F. Experts and staff. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Council for its use. The Board may also employ experts to study, review and provide testimony on elements of a specific development application should it be determined that such additional professional expertise is necessary for the Board to make a judgment on an application. The cost of such professional services shall be paid by the applicant to the Township Treasurer and shall be placed in the appropriate account.

[Amended 5-17-1982]

G. Powers and duties. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

(1) To make and adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township of North Brunswick, in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township of North Brunswick in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

(3) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(4) To assemble data on a continuing basis as part of a continuous planning process.

(5) To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Mayor and Council.

(6) To consider and make a report to the Mayor and Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Mayor and Council of the Township of North Brunswick pursuant to the provisions of N.J.S.A. 40:55D-26b.

(7) Granting of variances and direction for issuance of permits.

(a) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

[1] Variances pursuant to Section 57c of P.L. 1975, c. 291,[2] from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

[2] Editor's Note: See N.J.S.A. 40:55D-70c.

[2] Direction pursuant to Section 25 of said Act[3] for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of said Act.[4]

[3] Editor's Note: See N.J.S.A. 40:55D-34.

[4] Editor's Note: See N.J.S.A. 40:55D-32.

[3] Direction pursuant to Section 27 of said Act[5] for issuance of a permit for a building or structure not related to a street.

[5] Editor's Note: See N.J.S.A. 40:55D-36.

(b) Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

(8) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Mayor and Council for the aid and assistance of the Mayor and Council or other agencies or officers.

H. Time limits for decisions.

(1) Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law[6] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

[6] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(2) Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.

(3) Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 205-135G(7) of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon the request of the applicant.

(4) Final approval.

(a) Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.

(b) Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless within such period that plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

I. Procedure for filing applications. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, shall be filed with the Secretary of the Planning Board. The applicant shall file, at least 20 days before the date of the monthly meeting of the Board, four copies of all applications, five copies of a sketch plat or 10 copies of a preliminary plat, site plan or plan for conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meetings dates of the Board.

J. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

§ 205-135.1 Zoning Board of Adjustment.

A. Establishment; composition.

(1) A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Township of North Brunswick appointed by the Mayor and Council to serve for terms of four years from January 1 of the year of their appointment. In addition, there shall be two alternate members of the Zoning Board of Adjustment appointed by the Mayor and Council for terms of two years from January 1 of the year of their appointment. The Chairman shall designate the alternate members as "Alternate No. 1" and "Alternate No. 2," and said alternates shall serve in rotation during the absence or disqualification of any regular member or members. The terms of the regular members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Nothing in this section shall be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.

[Amended 12-18-1978]

(2) No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

(3) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

B. Organization. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or municipal employee designated by it.

C. Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.

D. Experts and staff. The Zoning Board of Adjustment may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Council for its use. The Board may also employ experts to study, review and provide testimony on elements of a specific development application should it be determined that such additional professional expertise is necessary for the Board to make a judgment on an application. The cost of such professional services shall be paid by the applicant to the Township Treasurer and shall be placed in the appropriate account.

[Amended 5-17-1982]

E. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

F. Powers.

(1) The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.

(2) It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.

(3) The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said P.L. 1975, c. 291, or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.

G. Appeals and applications; checklist.

(1) Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or agency of the Township affected by any decision of the administrative officer. Each appeal shall be taken within the 65 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with four copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(2) Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Four copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

(3) An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

(4) Applications for bifurcated "d" variances, under N.J.S.A. 40:55D-76b., where no subdivision or site plan is being submitted at the time of application for the "d" variance, shall be accompanied by appendix E.[1]

[1] Editor's Note: Appendix E is included at the end of this chapter.

H. Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

I. Expiration of variance. Any variance from the terms of any ordinance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within 12 months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

J. Powers granted by law.

(1) The Board of Adjustment shall have such powers as are granted by law to:

(a) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.

(b) Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.

(c) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation in the Zoning Ordinance 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; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.[2]

[2] Editor's Note: See N.J.S.A. 40:55D-60c.

(d) Grant a variance to allow a structure or use in a district restricted against such structure or use in a particular case and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.

(2) No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

K. Additional powers.

(1) The Zoning Board of Adjustment shall, in addition to the powers specified in this Article, have the power given by law to:

(a) Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

(b) Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure not related to a street.

(2) The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application or approval of a use variance pursuant to § 205-135.1J(1) of this Article.

L. Time limit for decision. The Board of Adjustment shall render its decision not later than 120 days after the date that an appeal is taken from the decision of an administrative officer or 120 days after the submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 205-135.2 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

A. Conflict of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

B. Meetings.

(1) 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.

(2) Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meeting shall be held upon notice to its members and the public in accordance with all applicable legal requirements.

(3) No action shall be taken at any meeting without a quorum being present.

(4) Any actions shall be taken by majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.

(5) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[1]

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

C. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and 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 Secretary of the Planning Board and the Secretary of the Board of Adjustment. 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 shall be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.

D. Fees. Fees for application or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs shall be as specified in this chapter.

E. Hearings.

(1) Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

(2) 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

(3) 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.

(4) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(5) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or 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. Notice requirements for hearing. Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

(1) Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.

(2) Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

(3) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to that required to be given pursuant to § 205-135.2F(2) of this Article to the owners of land in such adjoining municipality which are located within 200 feet of the subject premises.

(4) 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.

(5) 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.

(6) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.

(7) All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of such service with the Board holding the hearing on the application for development.

(8) Any notice made by certified mail, as hereinabove required, shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

(9) Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, 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 law.

G. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Secretary of the Planning Board or the Secretary of the Board of Adjustment of the Township of North Brunswick shall, within seven days after receipt of a request therefor, 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 § 205-135.2F(2) of this chapter. A sum of $10 shall be charged for such a list.

H. Decisions.

(1) Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.

(2) A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if represented, to his attorney, without separate charge. A copy of the decision shall be mailed to all persons who have requested it and who have paid the fees prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

I. Publication. The applicant shall publish a brief notice of every final decision in the official newspaper of the Township. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision. In the case of a denial, if the applicant fails to publish such notice, the Planning Board or Zoning Board may at its sole discretion choose to publish the notice and bill the cost to the applicant as an out-of-pocket expense to be paid from the technical review escrow fees.

[Amended 5-1-2000 by Ord. No. 00-9]

J. Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes, liens or assessments for local improvements are due or delinquent on the property which is the subject of such application prior to scheduling the application for action by the approving authority. Should additional payments become due during the application process, they shall be paid prior to any action of the approving authority.

K. Signs.

[Added 12-1-2003 by Ord. No. 03-39]

(1) Not less than 10 days prior to the scheduled date for any public hearing by the Zoning Board of Adjustment or the Planning Board on any application for development, the applicant shall cause to be erected on the property which is the subject of the application for development a freestanding sign which shall contain the following information:

(a) The name of the applicant;

(b) The name of the Board from which the applicant is seeking approval/relief;

(c) The phone number of the Board where a person may seek information as to the date and time of the public hearing on the application and a statement that this number may be called to obtain such information;

(d) A brief description of the nature of the approval sought, including the number of proposed dwelling units, the type of units, e.g., single-family homes, townhomes, garden apartments, and in the case of nonresidential uses, the nature of the proposed construction, e.g. warehouses, commercial use and the proposed square footage of the construction.

(2) The sign shall be not less than 32 square feet in area nor greater than 64 square feet in area, shall face a public street abutting the premises and shall be located not more than 30 feet from such street.

(3) The lettering on the sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. Such sign shall remain on the property until such time as the Board shall grant or deny final approval or until the applicant shall withdraw any such application.

(4) Such sign shall comply with §§ 205-22 and 205-102 of this chapter.

(5) This notice shall not be considered jurisdictional. The failure to provide such notice shall, however, constitute a violation of this chapter and the violator shall be subject to the penalties specified in § 205-141.

L. Copies of all applications, surveys, plans, reports and studies, such as environmental impact, traffic, stormwater, sewer and water reports, and any other documents associated with the application, shall be submitted on a CD in portable document format (pdf) at 400 x 400 dpi. Submittal of such digital copies shall be required to constitute an application for development, and all revised files shall be resubmitted as the originals are changed or amended. Every electronic submission must be accompanied by a cover letter listing all attached documents and any revisions, where applicable. Single-family or two-family homeowners preparing variance applications on their own behalf shall not be subject to this electronic submission requirement, provided that such applications do not require site plan or subdivision approval.

[Added 11-16-2020 by Ord. No. 20-23]

§ 205-135.3 Appeals.

A. Appeals to Zoning Board of Adjustment. An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by a decision of the administrative officer of the Township based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in § 205-135.1G(1) of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.[1]

[1] Editor's Note: Former Subsection B, Appeals from Zoning Board of Adjustment, which immediately followed this subsection, was repealed 3-4-1985.

§ 205-135.4 Miscellaneous provisions.

A. Definitions. Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 205-136 (Reserved)