Township of Mantua, NJ
Gloucester County
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Table of Contents
Table of Contents
A. 
A Zoning Board of Adjustment is hereby created pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, each of whom shall be a resident of Mantua Township and shall be appointed by the governing body. The members of the heretofore-created Zoning Board of Adjustment are hereby reappointed to serve their respective terms. The terms of all new members appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment; provided, however, that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.
B. 
Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in the discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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 is to vote, Alternate No. 1 shall vote.
C. 
No member of the Zoning Board of Adjustment shall hold an elective office or position under the municipality.
D. 
Any vacancy on said Board occurring other than by expiration of term shall be filled by appointment by the governing body of the municipality to serve for the unexpired term of the member whose term shall become vacant. A member may be removed by the governing body for cause, but only after public hearing, if requested, and other requested procedural due process protections.
E. 
Yearly, the Zoning Board of Adjustment shall organize by selecting from among its regular members a Chairman and a Vice Chairman. The Board shall also select a Secretary, who may or may not be a member of the Board or a municipal employee.
F. 
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment.
G. 
The office of Zoning Board of Adjustment Attorney is hereby created. The Board of Adjustment 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 Township Solicitor.
H. 
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services, including engineering professionals, planning professionals, environmental professionals and traffic professionals, as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Amended 8-23-2005 by Ord. No. O-14-2005]
I. 
If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Zoning Board of Adjustment shall have the power to:
(1) 
Error or refusal. Hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by a principal official based on or made in the enforcement of the zoning provisions of this chapter.
(2) 
Exceptions or interpretations. Hear and decide requests for interpretation of the Zoning Map or the zoning provisions of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any zoning provisions of this chapter or by any duly adopted Official Map.
(3) 
Variance of area or yard requirements. When, 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 situation or condition of such a piece of property, the strict applications of any zoning regulation of this chapter would result in peculiar and exceptional practical difficulties or in 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 any difficulties or hardship, including a variance for a conditional use, provided 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 provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a and the provisions of this chapter.
(4) 
Variance of use regulations. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the Zoning Board of Adjustment.
B. 
General provisions. No variance or other relief may be granted under the terms of this section unless such variances 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 the zoning provisions of this chapter. Any application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not exceed the period of time within which the Zoning Board of Adjustment shall act.
C. 
Other powers. The Zoning Board of Adjustment shall have such other powers as prescribed by law, including but not limited to the following:
(1) 
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.
(2) 
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the municipality or which is an existing state, county or municipal street or highway or a street shown upon a plat approved by the Township Planning Board or a street on a plat duly filed in the office of the county recording officer. The Board may grant such relief only when the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire-fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the general circulation plan element of the municipal Master Plan.
(3) 
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection A(4) of this section. 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 a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to Subsection A(4) of this section shall not be required.
A. 
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of a municipal official of the municipality based on or made in the enforcement of the zoning provisions of this chapter or a duly adopted Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Zoning Board of Adjustment. The notice shall specify the grounds for the appeal. The official 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.
B. 
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.
C. 
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the municipal official from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.
D. 
A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to a municipal official.
E. 
The Zoning Board of Adjustment shall act upon any appeal or any application for development within 120 days, either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application by the Township, as the case may be, or within such further time as may be consented to by the applicant, except that, when an applicant elects to submit separate consecutive applications for use variance approval and site plan, subdivision or conditional use approval, the one-hundred-twenty-day time period for action shall apply to the application for approval of the use variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
A. 
A Planning Board is hereby established consisting of nine regular and two alternate members of the following four classes:
(1) 
Class I: the Mayor, or the Mayor's designee in the absence of the Mayor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Class II: one of the officials of the Township other than a member of the governing body, to be appointed by the Mayor.
(3) 
Class III: a member of the Township Committee to be appointed by it.
(4) 
Class IV regular members: 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. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV regular or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
(5) 
Class IV alternate members: two other citizens of the municipality to be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."
B. 
The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II (or Class IV) member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term as a member of the Environmental Commission, whichever comes first.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his or her Class IV term, whichever comes first.
D. 
The terms of Class IV regular members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such term shall be evenly distributed over the first four years after their appointment, provided that the initial term shall not exceed four years. Thereafter the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.
E. 
The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term 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. All terms shall run from January 1 of the year in which the appointment is made.
F. 
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.
G. 
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing, if requested, and other requested procedural due process protection.
H. 
Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a Chairman and a Vice Chairman. The Board shall also select a Secretary, who may or may not be a member of the Board or an employee of the Township.
I. 
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
J. 
The office of Planning Board Attorney is hereby created. The Planning Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Township Solicitor.
K. 
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services, including engineering professionals, planning professionals, environmental professionals and traffic professionals, as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Amended 8-23-2005 by Ord. No. O-14-2005]
L. 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Planning Board shall have the powers listed below in addition to other powers established by law:
A. 
Make, 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 relationship to the planning of the Township.
B. 
Administer the provisions of land subdivision and site plan review in accordance with the applicable provisions of this chapter.
C. 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
D. 
Assemble data on a continuing basis as part of a continuous planning process.
E. 
Annually, at the request of the Township Committee, prepare a program of municipal capital improvement projects projected over a term of six years and recommend same to the Township Committee.
F. 
Consider and report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Township Committee.
G. 
The Planning Board shall have such other powers as prescribed by law, including but not limited to the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plats, site plans or conditional uses:
(1) 
Variances pursuant to § 230-73A(3) of this chapter.
(2) 
Direction pursuant to § 230-73C(1) of this chapter 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.
(3) 
Direction pursuant to § 230-73C(2) of this chapter for issuance of a permit for a building or structure on a lot not abutting a street.
A. 
Conflicts of interest. No regular or alternate 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 the Zoning Board of Adjustment shall be scheduled no less 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 meetings shall be held on 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, said quorum to be the majority of the full authorized membership of the Board.
(4) 
All actions shall be taken by majority vote of the members of the Board at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
(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, Laws of New Jersey 1975, c. 231 (N.J.S.A. 10:4-6 through 10:4-10).
C. 
Public hearings.
(1) 
The Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make rules governing such hearings.
(2) 
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3) 
The officer presiding at the hearings or such person as he may designate shall have the 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.
(4) 
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 reasonable limitations as to time and number of witnesses.
D. 
Public notice of a hearing.
(1) 
Public notice of a hearing shall be given for the following applications for development:
(a) 
Any request for a variance.
(b) 
Any request for conditional use approval.
(c) 
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 230-73C(1) and (2).]
(d) 
Any request for site plan and/or subdivision approval involving one or more of the aforesaid elements.
(e) 
Any request for preliminary approval of a major subdivision or site plan.
[Amended 2-11-1997]
(f) 
Any request for approval of a planned development.
(2) 
The Secretary of the Planning Board or the Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing, in the following manner:
(a) 
By publication in the official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township in the absence of an official newspaper.
(b) 
To all owners of real property located in the state and within 200 feet in all directions of the property which is the subject of the hearing, as such owners are shown in the current tax duplicate. Notice shall be given by serving a copy on the property owner, as shown on the current tax duplicate, or his agent in charge of the property or by mailing a copy thereof to the property owner at his address as shown on the current tax duplicate. It is not required that a return receipt is obtained; notice is deemed complete upon mailing. Moreover, the above requirements shall be deemed satisfied where condominiums or horizontal property regimes are within 200 feet of the applicant's property by making service in the following manner:
[1] 
If the applicant's property abuts a condominium and the owner of any unit is within 200 feet of the applicant's property and said unit has a unit above or below it, by giving notice to the condominium association.
[2] 
If the applicant's property abuts a horizontal property regime and an apartment of the co-owner is within 200 feet of the applicant's property and such apartment has an apartment above or below it, by giving notice to the horizontal property regime.
[3] 
If the applicant is the owner of a condominium unit or the co-owner of an apartment, notice shall be given to all other unit owners or apartment co-owners within 200 feet of the unit or apartment owned or co-owned by the applicant.
(c) 
Notice to a partnership owner may be made by service to any partner; notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the 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.
(d) 
To the Township Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
(e) 
To the Gloucester County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.
(f) 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.
(g) 
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the Township.
(3) 
Upon the written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged a flat fee of $10 for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection D(2)(b) above who do not reside within the Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The applicant shall file an affidavit of proof of service with the Planning Board or the Zoning Board of Adjustment, as the case may be.
(5) 
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps or documents for which approval is sought are available for inspection.
E. 
Records.
(1) 
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during the 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. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in § 230-87 of this chapter.
(2) 
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographic, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15 and as indicated in § 230-87 of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
F. 
Decisions.
(1) 
Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.
(2) 
The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board grants or denies approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the Board.
(3) 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. An action resulting from the failure of a motion to approve the application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(4) 
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of the majority of the Board members who voted for the action previously taken, and no other member shall vote thereon. The vote of such a resolution shall be deemed to be a memorialization of an action taken by the Board and not to be an action of the Board, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(5) 
Whenever a memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings and publications specified in § 230-79 of this chapter.
All appeals of decisions made by the Zoning Board of Adjustment or Planning Board for the Township of Mantua shall be taken directly to the Superior Court of New Jersey and not to the Mantua Township Committee.
Any decision of the Planning Board or the Zoning Board of Adjustment when acting upon an application for development and any decision of the Township Committee when acting upon an appeal shall be given notice in the following manner:
A. 
A copy of the decision shall be mailed by the appropriate Township authority within 10 days of the date of decision to the applicant or appellant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the Township authority for such service.
B. 
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the Secretary of the Planning Board, the Secretary of the Zoning Board of Adjustment or the Township Clerk, as the case may be, 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.
C. 
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 Township, as indicated in § 230-87 of this chapter.[1]
[1]
Editor's Note: See also Ch. 308, Records, Public Access to.