The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

Review by Planning Board in lieu of Zoning Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan, or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board, in lieu of the Zoning Board of Adjustment, to the same extent and subject to the same restrictions, shall receive, review, and act upon applications for variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-36 and 40:55D-70c.

Bifurcation of application. A developer may elect to submit a separate application requesting approval of variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-36 and 40:55D-70c and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate approval of any variance or issuance of permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Master Plan and Zoning Ordinance, or where a deviation would advance the purposes of the Master Plan and the Zoning Ordinance and the benefits of the deviation would outweigh the detriments. Whenever relief is requested pursuant to this subsection, the public notice shall include a reference to the request for a variance or direction for issuance of a permit, as the case may be.

Grant bulk (c) variances pursuant to N.J.S.A. 40:55D-70c.

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

Direct issuance of a permit for a building or structure not related to a street pursuant to N.J.S.A. 40:55D-36.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled at least once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be scheduled at the call of the chair or on the request of any two board members, which shall be held on notice to its members and the public in accordance with the Open Public Meetings Act, P.L. 1975.[1]

Actions at meetings; quorum. All agenda items requiring action by the Board, except adjournments, shall be taken with a quorum present.

No action shall be taken on an application unless it has been declared complete pursuant to § 40-805K and N.J.S.A. 40:55D-10.3. The Board may delegate the determination of completeness to a subcommittee or its designee.

All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this article. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of § 40-604.C shall be deemed an action denying the application. 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 the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings: provided, however, that such a Board member has available to him or her the transcript or recording of all the hearings 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.

All 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 Act, c. 231, Laws of New Jersey, 1975.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning Board or Zoning Board, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Administrative Officer and in conformance with the New Jersey Open Public Records Act (OPRA). 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, consistent with the New Jersey Open Public Records Act (OPRA) and § 40-901A of this Ordinance.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical, or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the amount permitted in New Jersey Open Public Records Act (OPRA) and § 40-901A of this Ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.

A resolution adopted at a meeting held within the time period provided in this article for action by the respective Board on the application for development; or

A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting, at which the Board voted to grant or deny approval.

Informal or Conceptual Review;

General Development Plan (GDP) approval;

Variance (N.J.S.A. 40:55D-70);

Preliminary Major Subdivision Plan approval;

Preliminary Major Site Plan approval;

Minor Site Plan approval;

Conditional Use approval;

Interpretation of the Zoning Ordinance or Zoning Map;

Request for a certificate of Nonconforming Use (N.J.S.A. 40:55D-68).

Issuance of a Permit to Build within the Bed of a Mapped Street or Public Drainage Way or on a Lot Not Abutting a Street (N.J.S.A. 40:55D-34 and 40:55D-35);

Any site plan approval involving a variance, conditional use permit or certificate of nonconformity;

Any subdivision plan approval involving a variance, conditional use permit or certificate of nonconformity; and

Any request for a zoning change not part of a general reexamination of the Master Plan or Master Plan adoption.

Appeals, pursuant to N.J.S.A. 40:55D-70a.

Minor Subdivision Plan.

Final Major Subdivision Plan.

Final Major Site Plan.

Site Plan Waiver.

Any other type of application or action by the Board not specifically listed in § 40-705A.

Newspaper. By publication in the official newspaper of the municipality or in a newspaper of general circulation in the municipality; and

Property owners. Written notice shall be given to interested parties by personal service or certified mail per N.J.S.A. 40:55D-12; a return receipt is not required to be obtained. Notice shall be deemed complete upon mailing. The following shall constitute interested parties that require notice:

The date, time and place of the hearing, and

The nature of the matters to be considered, and

The specificity of all known variances, 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 records, and

The location and times at which any maps or documents for which approval is sought are available for inspection, including any referencing application number.

Natural features. All residential and nonresidential uses shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account. Special consideration shall be given to the preservation of natural features, including large trees, stands of specimen vegetation, groves, waterways, aquifer recharge areas, scenic, paleontological, archaeological, cultural, and historic sites and other community assets within the site area, and the reduction of impacts on wildlife. The development shall be designed and programmed so as to minimize tree clearance and the destruction of natural amenities associated with the same.

Site layout. All housing and supporting uses shall be sited so as to enhance privacy for residential uses, ensure natural light for all principal residential rooms, and to the greatest extent possible be designed to promote passive solar energy technology. Building layout shall be reviewed for arrangement, efficiency and aesthetic quality.

Community facilities. Housing shall be conveniently served by community facilities and open space.

Circulation. The pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, the movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. In particular the applicable Board shall ensure compliance in site design with the Americans with Disabilities Act (A.D.A.), as it may be amended or superseded. The Planning and Zoning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. The circulation shall be consistent with Township, County, and State requirements.

Open space. Open space within all developments shall be planned and designed to achieve the Township goal of insuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the development. Those portions of the Township that, because of their natural features, constitute important visual amenities and environmental resources are maintained in accordance with sound conservation practice.

Sustainability. Development that furthers the goals of climate protection, increased energy efficiency, reduced emissions, and utilization of green building methods shall be encouraged.

Landscaping. Landscaping shall be reviewed for the ability to integrate the site elements of topography, water, buildings, parking and loading areas, and the buffering of incompatible uses, as well as sustainability, diversity, including species, function, sculpture, fencing, walls, and other landscaping elements.

Lighting. Adequate lighting for the function of the site shall be reviewed for the safe movement and security of persons and vehicles. Particular attention shall be made to the minimization of glare and impact upon adjacent property, as well as minimizing upward light pollution.

Signs. Signs shall be for identification purposes only, and shall be evaluated for the aesthetics of their design and their harmony with other signs on- and off-site, the architectural design of the building or buildings to which they relate and the type of development or pattern of the built environment surrounding the location of the sign or signs. The location of signs shall be reviewed, in part, for the purpose of removing any hazard to pedestrians, cyclists, or motorists.

Utilities, solid waste and recycling. Storm drainage, sanitary and solid waste disposal including recycling, water supply, electricity supply, telephone and cable television service shall be reviewed and considered. Emphasis shall be given on the adequacy of existing systems and the need for improvements, both on- and off-site to adequately provide for the development's needs. The application of stormwater non-structural strategies and best management practices are best.

Compatibility. Applications for development and conditional uses shall be designed to assure the compatibility of residential and nonresidential uses by:

The proposed use inherently serves the public good, such as a school, hospital or public housing facility; or

The property owner would suffer 'undue hardship' if compelled to use the property in conformity with the permitted uses in the zone.

The use would serve the general welfare because, the "proposed site is particularly suitable for the proposed use."

Whenever an application for development requests relief pursuant to N.J.S.A. 40:55D-70d, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.

In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance.

The period for granting or denying any subsequent approval shall be as otherwise provided in this Ordinance.

Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application. Upon which, a certificate of the Administrative Officer as to the failure of the Zoning Board of Adjustment to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Forty-five days for a subdivision of 10 or fewer lots (per N.J.S.A. 40:55D-48).

Ninety-five days for subdivision of more than 10 lots (per N.J.S.A. 40:55D-48);

Forty-five days for approval of a minor site plan or minor subdivision (per N.J.S.A. 40:55D-46.1 and 40:55D-47, respectively);

Forty-five days for the approval of a site plan of 10 acres of land or less and 10 or fewer dwelling units (per N.J.S.A. 40:55D-46);

Ninety five days for a site plan of more than 10 acres or more than 10 dwelling units (per N.J.S.A. 40:55D-46); and

Ninety-five days for approval of a conditional use (per N.J.S.A. 40:55D-61).

Ninety-five days to grant or deny a general development plan (per N.J.S.A. 40:55D-45.3).

Any variance hereafter granted by the Planning Board or Zoning Board of Adjustment, which permits the construction 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 every structure permitted by variance, or unless such permitted use has actually commenced, within one year from the date of the adoption of the Planning Board or Zoning Board of Adjustment resolution. The determination as to whether construction has actually commenced shall be made by the Administrative Official. The running of the period of limitation hereby established shall be tolled from the date of the filing of an appeal from the decision of either the Planning Board or the Zoning Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

Whenever any variance hereafter granted by the Zoning Board of Adjustment or the Planning Board is related to subdivision or site plan approval, such variance shall remain in effect so long as the related subdivision or site plan approval remains in effect.

An applicant may apply for, and the Planning Board or the Zoning Board of Adjustment may grant, extensions on such variance approval for additional periods of one year but not to exceed a total extension of three years from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the appropriate Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. The applicant may apply for the extension either before or after what would otherwise be the expiration date of the variance approval. The extension shall begin on what would otherwise be the expiration date.