[Amended 7-13-1988 by Amendment 1; 12-10-1997; 12-8-2010 by Ord. No. 2010-11-012; 6-14-2017 by Ord. No. 2017-01[1]]
A.
Establishment. The Planning Board heretofore created
by the Township of Alexandria is hereby reestablished pursuant to
the Municipal Land Use Law as the Land Use Board for said municipality.
B.
Composition. The Land Use Board shall consist of nine
members who shall be divided into four classes for convenience in
designating their manner of appointment, as follows:
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II: one of the officials of the municipality,
other than a member of the Township Committee, to be appointed by
the Mayor.
(3)
Class III: a member of the Township Committee, 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 such member may be a member of the
Board of Education. A member of the Environmental Commission who is
also a member of the Land Use Board, as required by P.L. 1976, c.
245 (N.J.S.A. 40:56A-1), shall be a Class IV Land Use Board member,
unless there be among the Class IV members of the Land Use Board both
a member of the Historic Preservation Commission and a member of the
Board of Education, in which case the member common to the Land Use
Board and Environmental Commission shall be deemed a Class II member
of the Land Use Board.
C.
Terms of office; vacancies. The term of the member
composing Class I shall correspond to his or her 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 member 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 Environmental Commission shall
be for three years or terminate at the completion of his or her term
of office as a member of the Environmental Commission, whichever comes
first. The term of a Class IV member who is also a member of the Board
of Education shall terminate whenever he or she is no longer a member
of such body or at the completion of his or her Class IV term, whichever
occurs first The terms of the Class IV members first appointed under
this article shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment, provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
Class IV term of each member shall be four years. If a vacancy in
any class shall occur otherwise than by expiration of the Land Use
Board term, it shall be filled by appointment as above provided, for
the unexpired term. No member of the Land Use Board shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest. Any member other than a Class
I member, after a public hearing if he or she requests one, may be
removed by the Township Committee for cause.
D.
Alternate members.
(1)
Up to four alternate members shall be appointed to
the Land Use Board by the Mayor for Class IV members, and said members
shall meet the qualifications of Class IV members as provided in this
chapter. Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4." The terms of the alternate members shall
be for two years, and their expiration dates shall be staggered such
that two alternate members can be appointed each year. A vacancy occurring
otherwise than by expiration of the term shall be filled by the appointing
authority for the unexpired term only.
(2)
No alternate member shall be permitted to act on any
matter in which he or she has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he or she requests one, be removed by the Township Committee for
cause.
(3)
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.
E.
Absence of member from hearing. When any hearing before
the Land Use Board shall carry over two or more meetings, a member
of the Land Use Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his or her absence from one or more of
the meetings; provided, however, that such Board member has available
to him or her a transcript or recording of the meeting and certified
in writing that the transcript was read or recording listened to.
F.
Service without compensation. Members of the Land
Use Board shall serve without salary but may be paid expenses incurred
in the performance of duties.
G.
Conflict of interest. No member shall be permitted
to act on any matter in which he or she has, directly or indirectly,
any personal or financial interest.
H.
Officers. The Land Use Board shall elect a Chairperson
and a Vice Chairperson from the members of Class IV. Their terms of
office shall each be one year, and they shall be eligible for re-election.
The Board shall also select a Secretary, who may but need not be a
member of the Board, and it may create and fill such other offices
as it shall determine.
I.
Land Use Board Attorney; other staff and consultants.
The office of Land Use Board Attorney is hereby created. The Land
Use Board may annually appoint to such office and fix the compensation
or rate of compensation of an attorney at law of New Jersey other
than the Attorney for the municipality. The Land Use Board may also
employ or contract for and fix the compensation of such experts and
other staff and services as it deems necessary. Obligations for the
foregoing shall not exceed, exclusive of gifts or grants, the amounts
agreed upon and appropriated for the Board's use.
J.
Powers of the Land Use Board.
(1)
The Land Use Board shall have the power to:
(a)
Prepare and adopt a master plan for the physical,
economic and social development of the municipality and amend or revise
the same from time to time.
(b)
Participate in the preparation and review of
programs or plans required by state or federal law or regulation.
(c)
Assemble data on a continuing basis as part
of a continuous planning process.
(d)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid and assistance of the Township Committee or other agencies or
officers.
(2)
Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, the Land Use Board
shall have the power to hear and grant:
(a)
Variances pursuant to Subsection 57c of c. 291, P.L. 1975, 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.
(b)
Direction pursuant to Section 25 of said Act for issuance of
a permit for 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.
(c)
Direction pursuant to Section 27 of said Act for issuance of
a permit for a building or structure not related to a street. 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.
(3)
The Land Use Board shall exercise all the powers set forth in N.J.S.A.
40:55D-69 et seq., granted to a Zoning Board of Adjustment, including
the following:
(a)
To hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by any municipal official based on or made in enforcement of
the zoning provisions of this chapter.
(b)
Hear and decide requests for interpretation of the Zoning Map
or Ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any Zoning or Official Map Ordinance.
(c)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship.
(d)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter, set forth in Article I and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), would be advanced by deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations.
(e)
Variances.
[1]
Grant a variance to allow departure from zoning regulations,
including but not limited to allowing a structure or use in a district
restricted against such structure or use, in particular cases and
for special reasons to permit:
[a]
A use or principal structure in a district restricted
against such use or principal structure.
[b]
An expansion of a nonconforming use.
[c]
Deviation from a specification or standard pertaining
solely to a conditional use.
[e]
An increase in the permitted density as defined in Article II, Definitions, except as applied to the required lot area for a lot or lots for detached one- and two-dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by the affirmative vote of at least five members.
K.
Appeals from administrative decisions; direct application in lieu
of appeals.
(1)
Appeals to the Land Use Board may be taken by any interested party
affected by any decision of an administrative officer of the municipality
based on or made in the enforcement of this chapter or the Official
Map. Such appeal shall be taken within 20 days by filing a notice
of appeal with the officer from whom the appeal is taken, specifying
the grounds of such appeal. The officer from whom the appeal is taken
shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(2)
A developer may file an application for development with the Land
Use Board for action under any of its powers without prior application
to an administrative officer.
L.
Stay of proceedings appeal. An appeal to the Land Use Board shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the officer from whose
action the appeal is taken certifies to the Land Use Board, after
the notice of appeal shall have been filed with him or her, that by
reason of acts stated in the certificate a stay would, in his or her
opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court upon
notice to the officer from whom the appeal is taken and on due cause
shown.
M.
Decision on appeal. The Land Use Board may reverse or affirm, wholly
or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
N.
Exclusivity of powers. No power expressly authorized by this chapter
to be exercised by the Land Use Board shall be exercised by any other
body except as otherwise provided in this order.
[1]
Editor's Note: The effective date of this ordinance was amended
to 9-30-2017 by Ord. No. 2017-06, adopted 8-9-2017.
A.
Rules and regulations of municipal agencies (Planning
Board and Board of Adjustment). Every municipal agency shall adopt
and may amend reasonable rules and regulations, not inconsistent with
the Municipal Land Use Law or this chapter, for the administration
of its functions, powers and duties, including hearings, and shall
furnish a copy thereof to any person upon request and may charge a
reasonable fee for such copy. Copies of all such rules and regulations
and amendments thereto shall be maintained in the office of the administrative
officer.
B.
Published and mailed notices.
(1)
Whenever any notice by publication is required or
permitted under the provisions of this article, it shall be published
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality.
(2)
Whenever any notice is required or permitted to be
given by certified mail under the provisions of this article, such
notice shall be deemed complete upon mailing.
A.
Regular meetings. Every municipal agency shall hold
regular meetings at the times and places fixed by its rules. Regular
meetings shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
B.
Special meetings. Special meetings may be provided
for at the call of the Chairperson or on the request of any two members,
and the same shall be held on notice to the members and the public
in accordance with legal requirements
C.
Open to public. All regular and special meetings shall
be open to the public, and notice thereof shall be given in accordance
with the requirements of the Open Public Meetings Law, P.L. 1975,
c. 231.[1] An executive session for the purpose of discussing and
studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of the Municipal Land
Use Law.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
D.
Actions at meetings; quorum. No action except adjournments shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at such meeting except as otherwise provided in Article XI. Failure of a motion to receive the number of votes required to approve an application or development pursuant to the exceptional vote requirements of § 115-68E(1)(e) or § 115-68G pursuant to N.J.S.A. 40:55D-34 shall be deemed with action denying the application.
E.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and the persons appearing by attorney,
the action taken by the agency, the findings, if any, made by it and
the reasons thereof. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the administrative officer. Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes, and such
party may be charged a reasonable fee for reproduction of the minutes
for his or her use.
A.
Form. Whenever an application for development to the Planning Board
or Board of Adjustment is permitted or required by this chapter, it
shall be in such form and accompanied by such maps, documents and
materials as are prescribed by this chapter and shall be submitted
to the Administrative Officer in such numbers as required.[1]
[Amended 11-9-2011 by Ord. No. 2011-10-09]
(1)
The Administrative Officer shall prepare and furnish to applicants
standard application forms which shall require the following information:
(a)
Applicant's name, address and telephone number.
(b)
Owner's name(s), address and telephone number.
(c)
Name, address and telephone number of applicant's attorney,
if represented.
(d)
Street address of property.
(e)
Tax lot and block number of property.
(f)
Zone district in which property is situated.
(g)
Description of property.
(h)
Description of proposed development.
(i)
Type of application.
(j)
Specific relief requested.
(k)
Sufficient information to facilitate review of the proposed
development in light of the criteria and standards applicable to the
application for development.
(2)
Financial disclosure statement for all those persons and/or entities
having more than ten-percent financial interest in the property to
be developed.
(3)
Development Review Checklist.
B.
Said application shall be filed with the Board Administrative Office.
Any amendments or revisions to pending applications shall be filed
with the Administrative Officer at least 10 days prior to the next
scheduled hearing date.
[Added 7-12-1989 by Amendment 4; amended 11-9-2011 by Ord. No.
2011-10-09]
C.
Application fees. Each such application or appeal
shall be accompanied by payment of a nonrefundable application fee.
[Amended 7-13-1988 by Amendment 1; 7-12-1989 by Amendment 4]
(1)
Informal conceptual review: $50. This fee may be waived
by Planning Board in the event of minimal discussion or consideration.
(2)
Sketch plat, final review: $100.
(3)
Boundary line change or merger of portions of adjoining
properties: $150.
(4)
Site plan waiver and/or change of use request: $150.
(5)
Major site plan, preliminary plat: $500.
(6)
Major site plan, final plat: $250.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(7)
Minor site plan: $250.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(8)
Minor subdivision: $100 per lot.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(9)
Major subdivision, preliminary plat: $1,000.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(10)
Major subdivision, final plat: $500.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(11)
Appeal pursuant to N.J.S.A. 40:55D-70(a): $350.
(12)
Appeal pursuant to N.J.S.A. 40:55D-70(b): $550.
(13)
Appeal pursuant to N.J.S.A. 40:55D-70(c): $350.
(14)
Appeal pursuant to N.J.S.A. 40:55D-70(d): $350.
(15)
Extension of approval/extension of resolution condition compliance
period: $100.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(16)
Home occupation: $250.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(17)
Conditional use: $250.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(18)
Site plan exempt application fee: $450.
[Added 7-8-2015 by Ord.
No. 2015-02]
D.
Escrow deposits for professional review.
[Amended 7-12-1989 by Amendment 4]
(1)
In addition to the foregoing nonrefundable application fees, all applicants for development shall establish one or more escrow accounts with the municipality to cover all professional and expert review and consultation fees and services to the municipality, including testimony and costs of certified reporters and transcripts associated with the review and processing of the application. Said escrow deposits shall be required for all applications for development and also for appeals pursuant to Chapter 89, Driveways.
(2)
Appellants pursuant to § 89-15 of Chapter 89, Driveways, shall not be required to deposit escrow fees for professional review in connection with such appeals; however, they shall deposit to the escrow account the estimated cost of the certified reporter and transcripts, if requested by the applicant, otherwise the meeting shall be taped and recorded.
[Amended 9-12-2007 by Amendment 34]
(3)
At the time of submitting an application for development
and periodically thereafter, the applicant shall deposit to the escrow
account the amounts hereinafter provided and shall execute an escrow
agreement. The escrow agreement shall be in a form prescribed by the
Planning Board or Board of Adjustment, or the municipal governing
body, as applicable. All application fees and escrow deposits must
be paid prior to certification that the application is complete. In
the event that the amounts required to be posted by this chapter are
not sufficient to cover the municipality's estimated anticipated professional
charges associated with the application, the Planning Board, Board
of Adjustment or municipal governing body shall request additional
escrow funds.
(4)
After development approval and prior to commencement
of any construction or issuance of any certificate of occupancy, the
applicant shall enter into a performance guaranty agreement with the
municipality and deposit to the escrow account an amount sufficient
to pay for professional services in connection with the performance
guaranty agreement, in addition to such performance and/or maintenance
guaranties provided therein.
(5)
Following approval of a major subdivision or site
plan and prior to commencement of construction the applicant shall
deposit to the escrow account an amount sufficient to pay for anticipated
inspection fees and any anticipated additional professional review
services.
(6)
The municipal financial officer shall advise the administrative
officer of all escrow deposits made by any applicant, and the amount
thereof. If additional escrow funds are required, the administrative
officer shall notify the applicant of the amount required. If there
is a refusal or failure to make payment, the administrative officer
shall notify the approving authority, and the Planning Board, Board
of Adjustment, municipal governing body or municipal professionals
and consultants shall take no further action on the application until
the additional escrow deposits have been paid.
(7)
Each applicant required to establish one or more escrow accounts pursuant to Alexandria Township § 115-71 shall sign an escrow agreement in the following form.[2]
[Added 7-11-2007 by Amendment 33]
[2]
Editor's Note: The escrow agreement is included at the end of this chapter.
E.
Required escrow deposits.
[Amended 7-12-1989 by Amendment 4; 9-12-2007 by Amendment
34]
(1)
Informal conceptual review: $50 per lot.
(2)
Sketch plat, formal review: $75 per lot.
(3)
Boundary line change or merger of adjoining properties:
$1,000.
(4)
Minor subdivision: $1,000 per lot.
(5)
Major subdivision, preliminary plat: $500 per lot
or unit, minimum $5,000.
(6)
Major subdivision, final plat: $500 per lot or unit,
minimum $5,000.
(7)
Application pursuant to N.J.S.A. 40:55D-70(a): $1,000.
(8)
Application pursuant to N.J.S.A. 40:55D-70(b): $1,000.
(9)
Application pursuant to N.J.S.A. 40:55D-70(c): $1,000.
(10)
Application
pursuant to N.J.S.A. 40:55D-70(d): $2,000.
(11)
Deposit for certified shorthand reporter: $200 per meeting.
F.
Site plan review escrow deposits.
[Amended 7-12-1989 by Amendment 4]
(1)
Informal conceptual review: $ 300.
(2)
Sketch plat, formal review: $1,000.
(3)
Minor site plan: $1,500.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(4)
Preliminary major site plan: $250, plus $3.50 per 1,000 square feet
of lot area, defined as either the minimum lot size permitted in the
zone where approval is being sought or the total lot area in the property
under consideration if further subdivision is not possible, plus $3.50
per 100 square feet of gross floor area of building for all levels
or a minimum escrow deposit of $2,000, whichever is greater.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(5)
Final major site plan: $250, plus $1 per 1,000 square feet of lot area, defined as either the minimum lot size permitted in the zone where approval is being sought or the total lot area in the property under consideration if further subdivision is not possible, plus $1 per 100 square feet of gross floor area of building for all levels or a minimum escrow deposit of $2,000, whichever is greater. For applicants seeking both preliminary and final site plan approval within the same application and at the same time, the escrow deposit for final site plan shall be 1/2 of the fee calculated according to this Subsection F(5) or $1,000, whichever is greater.
[Amended 10-10-2012 by Ord. No. 2012-09-22]
(6)
Development agreement: $500.
(7)
Extension of site plan approval or extension of compliance period
for site plan approval resolution conditions: $250.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(8)
Home occupation: $500.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(9)
Conditional use: $1,000.
[Added 10-10-2012 by Ord. No. 2012-09-22]
(10)
Site plan exempt application escrow deposit for professional review:
$1,500.
[Added 7-8-2015 by Ord.
No. 2015-02]
G.
Construction and final inspection escrow.
[Amended 7-12-1989 by Amendment 4]
(1)
Amount of escrow.
|
Total Cost of Improvement
|
Inspection Escrow
| |
|---|---|---|
|
Less than $10,000
|
7%
| |
|
$10,000 to $50,000
|
$700, plus 6% of the excess over $10,000
| |
|
$50,000 to $100,000
|
$3,100, plus 5% of the excess over $50,000
| |
|
$100,000 to $200,000
|
$5,600, plus 4.5% of the excess over $100,000
| |
|
More than $200,000
|
$10,000, plus 4% of the excess over $200,000
|
(2)
The municipal boards and governing body and the professionals
employed by the boards or the municipality shall not review, act upon
or consider any plan until such time as the initial fees and escrows
are paid in full, and the Planning Board Engineer shall not commence
reviewing the application until he or she is advised that the fees
and escrows have been paid.
H.
Replenishment of escrow deposits. The escrow associated
with each application shall be replenished whenever the original escrow
is reduced by charges or anticipated charges against the account to
35% or less of the original amount. The administrative officer shall
notify the applicant to replenish the escrow, and the applicant shall
upon request deposit up to 100% of the original escrow account. In
the event that consideration of any application shall require more
than one meeting of the Board, the administrative officer may require
the applicant to deposit additional escrow in an amount up to 100%
of the original escrow amount. In addition to all of the above, if
the administration officer shall determine that the estimated anticipated
cost of professional review and services exceeds any of the foregoing
amounts, the administrative officer shall require such additional
amounts as shall be required to cover such expenses. No further consideration,
review, processing or inspection shall be performed by or on behalf
of the Board until the additional escrow has been paid.
[Amended 7-12-1989 by Amendment 4]
I.
Accounting of escrow deposits.
[Amended 7-12-1989 by Amendment 4]
(1)
The applicant may request an accounting of the expenses
or fees paid by him or her for professional review in writing to the
administrative officers. The applicant shall be responsible for any
costs incurred by the municipality in having its professional and
administrative staff prepare an accounting of the fees expended.
(2)
In the event the applicant believes the fees charged
to be unreasonable, the applicant shall pay such fees under protest,
the Planning Board or Board of Adjustment shall hear and decide at
a public hearing whether such fees are reasonable, and the applicant
may appeal the decision of the Planning Board or Board of Adjustment
to the municipal governing body, provided that the applicant shall
provide the governing body with that portion of the transcript of
the Planning Board or Board of Adjustment hearing on fees, at the
applicant's cost, and the appeal shall be on the record made before
the Board. The governing provisions of N.J.S.A. 40:55D:17 shall apply.
J.
Use and return of balance of escrow deposits.
[Amended 7-12-1989 by Amendment 4]
(1)
All professionals and court transcribers engaged by
the Boards or the municipality in connection with the application
shall submit vouchers for all fees for professional services, examination,
review or testimony to the approving agency for approval after which
the bill shall be forwarded to the Municipal Clerk and paid in the
regular manner.
(2)
If any escrow amount is unexpended upon completion
of the project and satisfactory completion of the maintenance period,
if any, or phased section in the case of a sectionalized application,
said amount shall be returned to the applicant or, at the developer's
request, applied to the next phase. One third of the interest accrued
on the escrow funds shall be paid to the municipality to defray the
cost of administrative expenses, the balance to be credited to the
applicant.
K.
Request for special meeting. An applicant for approval
of an application may request a special meeting. The Board may schedule
such special meeting(s) at a date and time convenient to the applicant,
the Board and the public. There shall be paid to the municipality,
prior to the meeting, a nonrefundable special meeting fee of $100.
In addition, the administrative offer may require an additional escrow
deposit of up to $1,000 for each special meeting.
[Amended 7-12-1989 by Amendment 4]
L.
Availability of applications to Environmental Commission.
If the Environmental Commission has prepared and submitted to the
Planning Board an index of the natural resources of the municipality
or region, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted to the Planning Board. Failure to do so shall not invalidate
any hearing or proceeding.
M.
Applications for conditional uses. Each application
for a conditional use shall include a request for any required site
plan approval that is related thereto.
N.
Informal review of concept plan. At the request of
the developer, the Planning Board shall grant an informal review of
a concept plan for a development for which the developer intends to
prepare and submit an application for development. The amount of any
fees for such an informal review shall be a credit toward fees for
review of the application for development (N.J.S.A. 40:55D-10.1).
[Amended 7-12-1989 by Amendment 4]
O.
Applications for use variances. The Board of Adjustment
shall have the power to grant subdivision or site plan approval or
conditional use approval whenever the proposed development requires
approval of a variance pursuant to § 115-68E(1)(c). The
developer may elect to submit a separate application requesting approval
of the variance and a subsequent application for any required approval
of a subdivision, site plan or conditional use. The separate approval
of the variance shall be conditioned upon grant of all required subsequent
approvals by the Board of Adjustment. No such subsequent approval
shall be granted unless it can be without substantial detriment to
the public good, including but not limited to the purposes set forth
in N.J.S.A. 40:55D-2, and without substantial impairment of the intent
and purpose of the Zoning Plan and Zoning Ordinance. The number of
votes of Board members required to grant any such subsequent approval
shall be as otherwise provided in this chapter for the approval in
question, and the special vote pursuant to the aforesaid § 115-68E(1)(c)
shall not be required.
P.
Completeness of applications. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection Q of this section and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the 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 revision in the accompanying documents so required by the municipal agency.
Q.
Checklists. The Development Review Checklists are attached to this chapter as 115 Attachment 6, etc. The following information is to be shown or indicated on applicable plans:[3]
[Amended 10-12-1994 by Amendment 8; 12-14-2016 by Ord. No. 2016-11]
(1)
For subdivision sketch plan, the information required
by the subdivision section of this chapter.
(2)
For
minor subdivision, the information required by the Development Review
Checklist.
(3)
For Rural Estate Residence (B-16) Minor Subdivision,
the information required by the Development Review Checklist.
(4)
For preliminary plat of major subdivision, the information
required by the subdivision section of this chapter and the information
required by the Development Review Checklist.
(5)
For final plat of major subdivision, the information
required by the subdivision section of this chapter and the Development
Review Checklist.
(6)
For site plan, the information required by the site
plan section of this chapter and the information required by the Development
Review Checklist.
(7)
Hardship variances, use variances, special permits
or decisions not accompanied by a site plan.
(a)
For an application for the development which
requests a hardship variance, a use variance, a special permit or
a decision on a special question and which is not accompanied by a
site plan, the following information:
[1]
The type of relief being requested.
[2]
A description of how the relief requested involves
the minimum deviation from this chapter or the Master Plan of all
available development actions.
[3]
For a use variance, the special reasons for
the application, i.e. whether it serves any of the purposes of zoning
set forth in N.J.S.A. 40:55D-2, and/or promotes the general welfare.
[4]
An explanation as to how the relief requested
would not, if granted, substantially impair the intent and purpose
of the zone plan and zoning regulations and would not produce substantial
detriment to the public good.
(b)
In addition, the checklist shall also indicate
that the information to be included in the required application form
and the required application fee are necessary for a complete application.
(c)
The administrative officer shall prepare such
checklist and shall furnish the same to applicants together with the
appropriate application form.
A.
Hearing required. The municipal agency shall hold
a hearing on each proposed adoption, amendment or revision of the
Master Plan and on each application for development.
B.
Documents to be filed and available for inspection.
Any maps and documents proposed or for which approval is sought 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 administrative officer. Other documents, records or testimony
may be produced at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C.
Oaths and subpoenas. The officer residing at the hearing
or such persons as he or she may designate shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, and the provisions of the County
and Municipal Investigation Law, P.L. 1953, c. 39 (N.J.S.A. 2A:67A-1
et seq.), shall apply.
D.
Testimony of witnesses as to application for development.
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, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
E.
Rules of evidence. Technical rules of evidence shall
not be applicable, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
Recording of proceedings; transcripts. The municipal
agency shall provide for the verbatim recording of the proceedings
by either stenographic, mechanical or electronic means and shall furnish
a transcript or duplicate recording in lieu thereof on request to
any interested party at his or her expense.
A.
Notice required; exceptions. Notice of hearing shall
be given by the Planning Board as to the proposed adoption, amendment
or revision of the Master Plan, and by the applicant as to applications
for development, at least 10 days prior to the date of the hearing.
Notice shall be required as to applications for review and preliminary
approval of major subdivisions; however, notice shall not be required
as to applications for approval of minor subdivisions, nor for final
approval of site plans and major subdivisions, unless in such cases
relief is sought from the Planning Board for a hardship variance or
for a special permit, in which event notice shall be required, except
as provided in this chapter.
B.
Contents. The notice shall state the date, time and
place of the hearing, the nature of the matters to be considered and
the location and times at which any maps and documents proposed or
for which approval is sought are available in the office of the administrative
officer. In addition, in cases of applications for development, the
notice shall contain an identification of the property proposed for
development by street address, if any, or by reference to lot and
block numbers as shown on the current tax duplicate in the Municipal
Assessor's office. Also, notice of any application for development
shall include reference to all requests made in conjunction therewith,
whether for approval of a site plan, subdivision, conditional use,
variance or special permit.
C.
Notice by publication. Notice shall be given in all
cases by publication.
D.
Notice to adjoining municipalities. Notice shall also
be given by personal service or certified mail to the Clerk of any
adjoining municipality in cases involving property located within
200 feet of such municipality.
E.
Notice to County Planning Board. Notice shall also
be given by personal service or certified mail to the County Planning
Board in cases of proposed adoption, amendment or revision of the
Master Plan and in cases of applications for development of property
adjacent to an existing County road or a proposed road shown on the
Official County Map or County Master Plan, or property adjoining other
County land or property situated within 200 feet of a municipal boundary.
Such notice shall also include the Master Plan proposed for adoption
or any proposed amendment or revision thereof.
F.
Notice to Commissioner of Transportation. Notice shall
also be given by personal service or certified mail to the Commissioner
of Transportation in cases of applications for development of property
adjacent to a state highway.
G.
Notice to Director of State and Regional Planning.
Notice shall also 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 in cases of applications for development
of property exceeding 150 acres or 500 dwelling units, and such notice
shall also include a copy of any maps or documents required to be
on file with the administrative officer.
H.
Notice to property owners; list of property owners
to be furnished. In case of applications for development, notice shall
also be given by the applicant to the owners of all real property,
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of the hearing
before the Planning Board or Board of Adjustment, by serving a copy
thereof on each owner or his or her agent in charge of the property
or by mailing a copy thereof by certified mail to each such owner
at his or her address as shown on said tax duplicate, provided that
this requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or the horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it. It is
not required that a return receipt be obtained. Notice is deemed complete
upon mailing (N.J.S.A. 40:55D-14). Notice to a partnership owner may
be given to any partner, and notice to a corporate owner may be given
to its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation,
and notice to a condominium association, horizontal property, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
subject of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas. The Municipal Assessor's
office shall, within seven days of written request by the applicant,
make and certify a list from the current tax duplicate of the names
and addresses of the property owners entitled to notice as aforesaid,
and a sum not to exceed $0.25 per name or $10, whichever is greater,
may be charged for such list. The applicant shall be entitled to rely
upon the information contained in such list, and failure to give notice
to any owner not on the list shall not invalidate any hearing or proceedings
I.
Proof of service. An affidavit of proof of the giving
of notice as required by this article for any application for development
shall be filed by the applicant with the municipal agency at or prior
to the hearing.
Notice of each adoption, amendment or revision
of the Master Plan shall be given to the County Planning Board by
the Township Planning Board by personal service or certified mail,
not more than 30 days after the date of such adoption, amendment or
revision, and such notice shall include a copy of such adopted Master
Plan, amendment or revision.
A.
The Planning Board shall, at least every six years,
make a general reexamination of the Master Plan and development regulations
and prepare a report on the findings of such reexamination. The Board
shall send a copy of the report to the Township Committee, the County
Planning Board and the Clerk of each adjoining municipality. The six-year
period shall commence with the submission of the preceding Planning
Board report.
B.
The report of the Planning Board shall state:
(1)
The major problems and objectives relating to land
development in the municipality and region at the time of the preceding
report, if any.
(2)
The extent to which such problems and objectives have
been reduced or have increased subsequent to such date.
(3)
The extent to which there have been significant changes
in the assumptions, policies and objectives forming the basis for
the Master Plan or development regulations as last revised, with particular
regard to the density and distribution of population and land uses,
housing conditions, circulation, conservation of natural resources
and changes in state, County and municipal policies and objectives.
(4)
The specific changes recommended for such Master Plan
or development regulations, if any, including underlying objectives,
policies and standards, or whether a new plan or regulations should
be prepared.
A.
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided in this chapter for action by the municipal agency
on the application for development; or
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application pursuant to this section shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings and publications required by Subsections F through H of this section.
B.
If the municipal agency fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
person may appeal to the Superior Court in a summary manner for an
order compelling the municipal agency to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorneys fees, shall be assessed against the municipality.
C.
County Planning Board approval. Whenever review or
approval of any application by the County Planning Board is required
by P.L. 1968, c. 285, § 5 or § 8 (N.J.S.A. 40:27-6.6),
the municipal agency shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or upon County Planning Board approval by default for
failure to report thereon within the required time period.
D.
Developments barred by administrative or judicial
order. In the event that a developer submits an application for development
that is barred or prevented, directly or indirectly, by a legal action
instituted by any state agency, political subdivision or other party
to protect the public health and welfare or by a directive or order
issued by any state agency, political subdivision or court of competent
jurisdiction to protect the public health and welfare, the municipal
agency shall process such application for development in accordance
with this chapter, and if such application complies with the requirements
of this chapter, the municipal agency shall approve such application,
conditioned on removal of such legal barrier to development.
E.
Approval by other governmental agencies. In the event
that development proposed by an application for development requires
an approval by a governmental agency other than the municipal agency,
the municipal agency shall, in appropriate instances, condition its
approval upon the subsequent approval by such governmental agency.
F.
Absence of Board member from hearing. When any hearing
before a Board shall carry over two or more meetings, a member of
the Board who was absent for one or more of the meetings shall be
eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his or her absence from one or more of the meetings;
provided, however, that such Board member has available to him or
her a transcript or recording of the meeting from which he or she
was absent and certifies in writing to the Board that he or she has
read such transcript or listened to such recording.
G.
Furnishing copies of decision. A copy of each decision
shall be mailed by the municipal agency, within 10 days after the
date of decision, to the applicant, or if represented, then to his
or her attorney, without separate charge, and to all others upon request,
for a reasonable fee.
H.
Filing in office of administrative officer. A copy
of each decision shall also be filed by the municipal agency in the
office of the administrative officer, who shall make a copy of the
filed decision available to any interested party for a reasonable
fee and available for public inspection at his or her office during
reasonable hours.
I.
Publication of final decision. A brief notice of every
final decision shall be published in the official newspaper of the
Township. Such publications shall be arranged by the administrative
officer without separate charge to the applicant. The notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
A.
Preliminary approval of site plans and major subdivisions. Preliminary approval shall granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within the 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections E, F and G of this section.
B.
Minor subdivisions; final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications made to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections E, F and G of this section.
C.
Conditional uses. Approval of conditional uses shall
be granted or denied on applications made to the Planning Board within
95 days after the date of submission of a complete application to
the administrative officer.
D.
Zoning application or appeal. The municipal agency shall decide appeals or applications for variances, interpretations or decisions as to zoning regulations not later than 120 days after the date an appeal is taken from the action of the administrative officer or after the date a complete application is submitted to the administrative officer, except as otherwise provided in Subsection A of this section.
E.
Conditional use or site plan review simultaneously
with subdivisions. Whenever the Planning Board reviews conditional
uses or site plans simultaneously with subdivisions, the longer or
longest period of time for action in any such case shall apply to
all such cases.
F.
Application for subdivision, site plan or conditional
use with request for hardship variance or special permit.
(1)
Whenever an application to the Planning Board for
approval of a subdivision plat, site plan or conditional use includes
a request for hardship variance, the Planning Board shall grant or
deny approval of the application within 120 days after the date of
submission of the complete application to the administrative officer.
(2)
In the event that the developer elects to submit a separate consecutive application pursuant to § 115-67K(2), the aforesaid one-hundred-twenty-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
G.
Conditional use applications requesting site plan
approval. Whenever the Planning Board reviews an application for conditional
use that includes a request for site plan approval, the Planning Board
shall grant or deny approval of the application within 95 days after
the date of submission of a complete application to the administrative
officer.
H.
Board of Adjustment review with use variance. Whenever
an application is made to the Board of Adjustment for subdivision,
site plan or conditional use approval in conjunction with the Board's
review of a use variance, the Board of Adjustment shall grant or deny
approval of the application within 120 days after the date of submission
of a complete application to the administrative officer.
I.
Extensions. Any time period specified for action by
a municipal agency may be extended with the consent of the applicant
or appellant.
J.
Failure to render decision on time. The failure of
any municipal agency to act within such time period or extension thereof
shall constitute a decision favorable to the applicant or appellant.
A certificate of the administrative officer as to such failure shall
be issued on request of the applicant or appellant, and it shall be
sufficient in lieu of written endorsement or other evidence of approval
required by this chapter and shall be accepted as such by the County
Clerk for any purposes of filing subdivision plats.
In the event that during the period of effectiveness
provided for the approval of any application for development, the
developer is barred, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare, and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of effectiveness of approval
under this chapter shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
A.
Before adopting, amending or revising any development
regulation, the Township Committee shall refer the same to the Planning
Board for a report and recommendation and shall review the Planning
Board's report and recommendation when considering the adoption thereof.
The Township Committee may disapprove or change any such recommendation
only by a majority vote of its full authorized membership, and in
such event it shall record in the minutes the reasons for not following
the same. Failure of the Planning Board to transmit such report within
35 days after the Township Committee has made such referral shall
relieve the Township Committee of the other requirements of this action.
B.
The Township Committee shall hold a hearing before
adopting, amending or revising any development regulation or before
adopting any capital improvement program or amendment or revision
thereof that has been recommended to it by the Planning Board.
C.
Notice of hearing shall be given by the Township Committee
by personal service or certified mail at least 10 days prior to the
date of the hearing to the County Planning Board and, in cases involving
property situated within 200 feet of an adjoining municipality, to
the Clerk of such municipality.
D.
Such notice shall state the date, time and place of
the hearing and the nature of the matters to be considered and shall
include a copy of the proposed development regulation, capital improvement
program, amendment or revision.
E.
Notice of the adoption of any official map or capital
improvement program or amendment or revision thereof shall be given
by the Township Committee to the County Planning Board by personal
service or certified mail within 30 days after the date of such adoption,
and said notice shall include a copy of such adopted official map,
capital improvement program, amendment or revision.
F.
No zoning, subdivision or site plan ordinance or any
amendment or revision thereof shall take effect until a copy thereof
is filed with the County Planning Board, and the official map shall
not take effect until filed with the County Clerk.
G.
Copies of all development regulations and any amendments
or revisions thereof shall be filed and maintained in the office of
the Municipal Clerk.
H.
The requirements of this article as to development
regulations shall be in addition to those imposed by the law generally
for the passage of ordinances.
