East Hanover Township
City Zoning Code
City Zoning Code
ARTICLE IV
Land Use Planning Board
§ 95-12 Establishment; composition.
A.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law) in the Township of East Hanover a Land Use Planning Board, hereinafter sometimes called "Board," of nine members consisting of the following classes:
(1)
Class I: the Mayor or the Mayor's designee in the absence of the Mayor. Said designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.
(2)
Class II: one of the officials of the Township other than a member of the Township Council, to be appointed by the Mayor. However, if there is an Environmental Commission and there is among the Class IV or alternate members of the Board a member of the Board of Education, the Class II member shall be a member of the Environmental Commission.
[Amended 12-10-2018 by Ord. No. 20-2018]
(3)
Class III: a member of the governing body to be selected by the governing body.
(4)
Class IV: six citizens of the Township of East Hanover to be appointed by the Mayor. The members of Class IV shall hold no other municipal office. A member of the Environmental Commission who is also a member of the Land Use Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Land Use Planning Board member, unless as noted above in Subsection A(2).
[Amended 12-10-2018 by Ord. No. 20-2018]
B.
The term of the member composing Class I shall correspond with his official tenure. The term of the member composing Class II shall be for one year or terminate at the completion of his term of office, whichever occurs first. The term of a Class III member shall correspond with his term of office. The term of the Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term, whichever comes first.
C.
The terms of all other Class IV members shall be for four years, provided that the initially appointed members shall receive staggered terms as follows: one one-year term; one two-year term; two three-year terms; two four-year terms. All terms shall run from January 1 of the year in which the appointment was made.
D.
The Mayor shall appoint four alternate members for Class IV members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of their appointment 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 commencing from January 1 of the year of their appointment, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. 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 first, then Alternate No. 2, Alternate No. 3 and Alternate No. 4, in that order.
E.
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.
F.
Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Township Council for cause.
§ 95-13 Organization.
The Land Use Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Land Use Planning Board or a Township employee designated by it.
§ 95-14 Attorney; experts and staff.
A.
There is hereby created the office of Land Use Planning Board Attorney. The Land Use Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Land Use Planning Board Attorney, who shall be an attorney other than the Township Attorney, in an amount not exceeding the amount appropriated by the Township Council for such purpose.
B.
The Land Use Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
§ 95-15 Powers and duties generally.
The Land Use Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master Plan for the physical development of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
C.
To issue permits for conditional uses. The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Land Use Planning Board. The Land Use Planning Board shall either issue or deny issuance of a conditional use permit within 95 days of submission of a complete application therefor by a developer or within such further time as may be consented to by the applicant. The review by the Land Use Planning Board of a conditional use shall include any required site plan review. The time period for action by the Land Use Planning Board on conditional uses shall apply to such site plan review. Failure of the Land Use Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Clerk as to the failure of the Land Use Planning Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
D.
To participate in the preparation and review of programs or plans required by state or federal law or regulation.
E.
To assemble data on a continuing basis as part of a continuous planning process.
F.
To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the Township Council.
G.
To consider and make a report to the Township Council within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Land Use Planning Board by the Township Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
Applications for approval.
(1)
When reviewing applications for approval of subdivision plots, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as a Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c and d.
(b)
Direction, pursuant to N.J.S.A. 40:550-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32c direction, pursuant to N.J.S.A. 40:550-36 for issuance of a permit for a building or structure not related to a street.
(2)
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 the issuance of a permit as the case may be.
I.
Zoning board of adjustment powers. The Land Use Planning Board is authorized to act as a zoning board of adjustment and to exercise all the powers and duties granted to a zoning board of adjustment in the Municipal Land Use Act. In acting upon the variances set forth in N.J.S.A. 40:55D-70b, Class I and Class III members shall not participate in the consideration of the variance. The powers and duties include, but are not limited to the following:
(1)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of Chapter 95, Land Use and Zoning.
(2)
To hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which the Board is authorized to act.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situations or condition of such piece of property the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship, including a variance for a conditional use.
(4)
Variances.
(a)
In particular cases and for special reasons, grant a variance to allow departure from regulations to permit: a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use: deviation from a specification or standard pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in this chapter; an increase in the permitted density as defined in this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.
(c)
No variance or other relief may be granted under the terms of Subsection I(1), (2), (3) or (4) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zoning plan and this chapter. In respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Land Use Planning Board shall act.
(5)
To direct issuance, upon application, of a permit pursuant to N.J.S.A. 40:550-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(6)
To direct issuance, upon application, of a permit pursuant to N.J.S.A. 40:550-36 for a building or structure not related to a street.
J.
No variance or other relief may be granted under the provisions of Subsection I(1), (2), (3) and (4) of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and this chapter. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Land Use Planning Board shall act.
§ 95-16 Time limits.
The Land Use Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plans in accordance with the time limitations set forth in this chapter. Additionally, whenever the Land Use Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 95-15H(1) of this chapter, the Land Use Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant. Failure of the Land Use Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Board Secretary as to the failure of the Land Use Planning Board to act shall be issued on request of the applicant.
§ 95-17 Citizens Advisory Committee.
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Land Use Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
§ 95-18 Environmental Commission.
Whenever the Environmental Commission has prepared and submitted to the Land Use Planning Board an index of the natural resources of the Township, the Land Use Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Land Use Planning Board. Failure of the Land Use Planning Board to make such informational copies available to the Environmental Commission shall not invalidate any hearing or proceeding.
§ 95-19 Rules and regulations.
The Land Use Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A-67A-1 et seq.) shall apply.
§ 95-20 Appeals and applications.
A.
Appeals to the Land Use Planning Board may be taken by any interested party affected by any decision of a Township official based on or made in the enforcement of this chapter or Official Map. Each appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, together with three copies of such notice with the Administrative Officer of the Land Use Planning Board. Such notice of appeal shall specify the grounds for the appeal. The official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B.
Three copies of an application for the exercise of the Board's power pursuant to Subsection I(2), (4) (5) or (6) of § 95-15 shall be filed with the Administrative Officer of the Land Use Planning Board. The application shall also contain a certification from the Township Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the application is made. The failure to provide said certification and the failure to provide all application and escrow fees to the Administrative Officer shall result in the application being deemed incomplete.
C.
At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all relevant plot plans, maps or other papers. The applicant shall obtain all necessary forms from the Administrative Officer of the Land Use Planning Board. The Administrative Officer of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meetings dates of the Board.
D.
An appeal shall stay the decision appealed from, unless the official from whose decision the appeal is taken certifies to the Land Use Planning Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court of New Jersey upon notice to the official from whom the appeal is taken and on good cause shown.
E.
The Land Use Planning Board may reverse or affirm, wholly or partly, or modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the official from whom the appeal is taken.
§ 95-21 Expiration of variance.
Unless otherwise specified by the Land Use Planning Board, any variance from the terms of this chapter granted by the Land Use Planning Board permitting the erection or alteration of any structure or structures or specified use of any premises shall expire and become null and void two years from the date of authorization by the Land Use Planning Board unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by such variance within said period. The Land Use Planning Board, upon application, notice and for good cause and within said period, may extend said period for one year, but not to exceed three extensions. The running of this period shall be tolled from the date of filing an appeal from the decision of the Land Use Planning Board to the Township Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Each request for extension shall be subject to the same fee and escrow requirements as those applicable to a variance application.
§ 95-22 Time limit for decision.
A.
The Land Use Planning Board shall render its decision not later than 120 days after the date an appeal is taken pursuant to § 95-15I(1) or not later than 120 days after a complete application for approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of a permit is submitted to the Board pursuant to the provisions of § 95-15I(3), (4), (5) or (6).
B.
Failure of the Board to render such decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. In the event that the Board fails to so act on a complete application for development, the Administrative Officer of the Board shall issue a certificate on request to the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.
§ 95-23 Conditional approval.
A.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the Township Land Use Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
§ 95-24 General provisions.
A.
No member of the Land Use Planning Board 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 the Land Use Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled 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 the Board's 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, which is defined as 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 present, except as otherwise required by statute.
(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 Act, N.J.S.A. 10:4-6 et seq.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use, as provided for in the rules of the Board.
D.
Fees for application or for the rendering of any service by the Land Use Planning Board or any member of its administrative staff, including fees for variance applications and conditional use applications, shall be as set forth in § 79-7 of the Code of the Township of East Hanover.
E.
No application for development shall be deemed complete if there are outstanding, uncollected fees and escrows resulting from past applications or prior submissions involving the property in question or any part thereof, including the base tract. No performance guaranty shall be released or reduced unless all professional fees to be charged against escrow are paid.
F.
Should construction, building, excavation, clearing or use of structure or property take place that is not in accordance with the approvals granted by the reviewing authority and required by any developmental ordinance or without fulfillment or compliance with the conditions imposed by such approvals, such deviation shall be considered a violation of said ordinance. If within 95 days of notification and demand by the municipality the applicant has failed to pay the fees and escrows required by the ordinance or the applicant has failed to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53h, a violation of said ordinance shall be deemed to have occurred.
G.
Any developmental ordinance of the Township of East Hanover shall be enforced by the municipality's Construction Official or its Zoning Officer. Any citizen of the municipality may bring a proceeding in Municipal Court alleging a violation of any developmental ordinance. Any administrative violation of any developmental ordinance, including nonpayment of fees, escrows, inspection fees or other costs, may be enforced by the Administrative Officer of the municipality by instituting a proceeding in the Municipal Court of the municipality alleging a violation of the developmental ordinances of the municipality.
§ 95-25 Escrows.
A.
The escrow amount set forth in any developmental ordinance shall be subject to increase upon demand. Charges against the escrow account shall be made for inspection and professional review fees by the Township's staff, such as but not limited to the Township Engineer, Township Planner, Board Attorney and Administrative Officer. Charges against the escrow account shall be at the same rate that said professional bills the municipality, and no applicant shall be charged in excess of that rate. Each professional shall file annually with the Secretary of his or her Board his or her billing rate and fee schedule, and a copy of said billing rate or fee schedule shall be available to any applicant who requests the same, without charge. No sums shall be disbursed from the escrow account without receipt by the Township of appropriate vouchers from its professionals. Any balances remaining in the escrow account when the development or action on the application in question has been completed shall be returned to the applicant. For purposes of this section, completion of action on the application includes the approval and review of the resolutions. Furthermore, the Township is authorized to charge against inspection escrows for the review of performance guaranties and the coordination required with other agencies and the preparation for issuing construction permits and/or certificates of occupancy. No performance guaranty shall be released until all professional fees are paid. Moneys deposited by applicants shall, in addition to the provisions of this chapter, be covered by terms and conditions of an escrow agreement to be entered into and agreed upon by the applicant as part of the application procedure. For purposes of certifying completeness, the execution of the escrow agreement shall be deemed necessary.
B.
In the event that an applicant, developer or property owner, whether or not said entity has received Land Use Planning Board approval pursuant to the Municipal Land Use Law,[1] applies to the New Jersey Department of Environmental Protection for a permit to construct certain facilities or to otherwise utilize land in accordance with New Jersey Department of Environmental Protection regulations and said regulations require the approval or consent of the Township, said entity shall deposit in escrow with the Township the amount of $1,500. Said escrow deposit shall be utilized to pay for the cost of professional review of the application, plans and regulations and a review of the property, if necessary, and any and all correspondences and actions necessary with respect to municipal approval or consent. Said amount shall be increased or decreased in accordance with the provisions set forth in § 95-25.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 95-26 Application for more than one type of relief.
In the event that an application includes a request for more than one type of relief, the fees applicable to each type of relief shall be separately charged and collected and separate application forms shall be submitted, even though the applicant may be applying to only one municipal board.
§ 95-27 Fees.
A.
Any interested party appealing the decision of the Board to the governing body, pursuant to N.J.S.A. 40:55D-17, shall pay a fee of $150 to the Municipal Clerk at the time that the notice of appeal is filed in accordance with N.J.S.A. 40:550-17a, and, within five days of service of the notice of appeal upon the Municipal Clerk, arrange for a transcript of the proceedings before the Board for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, unless the appellant submits a transcript as otherwise arranged to the Municipal Clerk in accordance with N.J.S.A. 40:55D-17c.
B.
In the event that an application to the Land Use Planning Board or to the governing body results in changes to the Zoning Map, the cost of said changes shall be charged against any escrow funds which exist.
§ 95-28 Revised plans.
[Amended 5-12-2014 by Ord. No. 6-2014]
A.
In the event during the plan review process, it is necessary that revised plans for approval be submitted to the Land Use Planning Board, said revised plans shall be submitted to the Board at least 21 days prior to the Board's meeting scheduled to review the revised plans. The failure to submit the revised plans within the appropriate time shall be adequate grounds to deny approval to the application.
B.
Any proposed revision to a previously approved site plan of a single-family residential property would first be reviewed by the Zoning Officer. If the Zoning Officer determines the revision to be "minor" in scale and/or nature, the applicant may elect to present the revision for approval at a Development Review Committee meeting. However, any proposed revision that results in a variance condition must be presented to the Township of East Hanover Land Use Planning Board. The application fee for review by the Development Review Committee is $500. If the Development Review Committee determines that any prospective change is not "minor" in nature, the $500 application fee shall be applied toward the application to the East Hanover Land Use Planning Board for a full review. The decision of the Development Review Committee shall be binding and final upon the applicant and the East Hanover Land Use Planning Board.
§ 95-29 Hearings.
A.
Rules. The Land Use Planning Board may make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:550-1 et seq., or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applied to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript of the proceedings to any interested party at his request and at his expense, charging therefor at the maximum rate permitted by N.J.S.A. 2A:11-15. The transcript shall be certified in writing by the transcriber to be accurate.
F.
Notice requirements for hearings. Whenever a hearing is required on an application for development, pursuant to N.J.S.A. 40:550-1 et seq., the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
(2)
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the Township in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner, as shown on the current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner, corporate owner or condominium association, horizontal property regime, community trust or homeowners' association owner may be made in the manner provided by N.J.S.A. 40:550-12.
(3)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection F(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed county road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the State of New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of the State of New Jersey of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the secretary of the appropriate board.
(7)
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(8)
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing, in accordance with the provisions of N.J.S.A. 40:55D-14.
(9)
Form of notice. All notices required to be given, pursuant to the terms of this chapter, shall state the date, time and place of the hearing; the nature of the matters to be considered; the 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 and documents for which approval is sought are available for public inspection.
(10)
The notices set forth Subsection C(3) through (6) inclusive, of this subsection shall not be required unless public notice, pursuant to N.J.S.A. 40:55D-12a, and notice, pursuant to N.J.S.A. 40:55D-12b, are required. Even though public notice is not required pursuant to N.J.S.A. 40:55D-12a, notice to the property owners within 200 feet, pursuant to Subsection B of this section, shall be provided in all instances with respect to all applications.
(11)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection A of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the municipality in accordance with Section 5 of P.L. 1991, c.412 (N.J.S.A. 40:550-12-1), by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility, or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
§ 95-30 List of property owners furnished.
A.
Pursuant to the provisions of N.J.S.A. 40:550-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of a fee of $10 or $0.25 per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 95-29F(2) of this chapter. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to the Municipal Land Use Act.[1] The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection h of Section 7.1 of P.L. 1975, c.291 (N.J.S.A. 40:550-12) may register with the Township in which the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
C.
The Administrative Officer of the Township shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the Township pursuant to Subsection A of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to the Municipal Land Use Act. The information contained therein shall be made available to any applicant, as provided by this chapter and the Municipal Land Use Act.
D.
There shall be a registration fee of $10 payable to the Township by any public utility, cable television company or local utility which registers to receive notice pursuant to this section.
§ 95-31 Decisions.
A.
Each decision on any application for development shall be set forth, in writing, and shall include findings of fact and conclusions based thereon. 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. The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny 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 the findings and conclusions of the Board thereon. An action resulting from the failure of a motion to approve an 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. The adoption of a resolution of memorialization 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 a majority of the members of the Board who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of 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. Whenever a resolution of memorialization is adopted in accordance herewith, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required herein.
B.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee set forth in N.J.S.A. 47:IA-2. 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 the fee set forth in N.J.S.A. 47:IA-2.
C.
A member of the Board who was absent for one or more of the meetings at which a hearing was conducted may vote upon the application notwithstanding his absence from one or more of the meetings, provided 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.
D.
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Land Use Planning Board, who shall charge the applicant for the cost of such publication. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 95-32 Records to be retained.
Upon the conclusion of any matter coming before the Land Use Planning Board, or, upon appeal, to the Township Council, a copy of each application, supporting documentation, minutes of hearings, correspondence, decisions and other information relevant to the determination shall be maintained in the office of the Director of Land Use of the Township of East Hanover for a period of not less than five years, which copies shall be considered as public records under N.J.S.A. 47:IA-1 et seq. (Right to Know Act).
§ 95-32.1 Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:550-39 and 40:550-65, every application for development submitted to the Land Use Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
§ 95-32.2 Administrative Officers; Deputy Administrative Officers.
The Director of Land Use of the Township of East Hanover shall serve as the Administrative Officer. Any vacancy in said office, due to resignation, death or other lawful reasons, shall be filled by the Mayor. There is hereby created the Office of Deputy Administrative Officer who shall assist the Administrative Officer in the performance of the duties and responsibilities of the Administrative Officer and such other duties as may be assigned by the Administrative Officer, said duties to include but not be limited to the following:
A.
Cause to be published the public notices required by statute or this Code to be published by a Township official.
B.
Assemble the record on appeal from a Land Use Planning Board approval of a use variance as set forth in N.J.S.A. 40:550-17.
C.
Coordinate referrals pursuant to N.J.S.A. 40:550-26.
D.
Assist all advisory committees created pursuant to N.J.S.A. 40:550-27.
E.
Assist the Township experts and the Land Use Planning Board in the preparation of the Master Plan and amendments, capital improvement programs and official maps as set forth in the Municipal Land Use Act.
F.
Assist the Township Engineer and coordinate the review of plans submitted to the Land Use Planning Board.
G.
Coordinate the inspection of on- and off-site improvements and the procedure with respect to the release of performance guaranties filed with respect thereto.
H.
Maintain escrow fund accounts with respect to plan review and inspection of improvements.
I.
Schedule hearings and application review processes for the Land Use Planning Board.
§ 95-32.3 Professional review; applications for development.
[Amended 7-10-2006 by Ord. No. 11-2006]
All applications for development (including, but not limited to, subdivisions, site plans, variances, ordinance interpretations, whether formal or informal) shall be reviewed by the appropriate professionals and staff (Land Use Planning Board Attorney, Township or Board Engineer, Township Planner, Architect and/or Township Attorney) prior to review and consideration by the Land Use Planning Board. The appropriate professionals and/or staff shall prepare oral and/or written reports for presentation to the Land Use Planning Board with respect to various issues, including but not limited to, completeness of the application, substantive aspects of the approval, waivers, changes and variances. No application shall be deemed complete nor forwarded to the Land Use Planning Board for its review unless the applicant has completed all applicable items on the checklist attached hereto and made a part hereof as if written fully herein. A copy of the checklist shall be provided to each applicant as part of the application package. The fees incurred in the review process shall be charged against the escrows posted by the applicant pursuant to other sections of this Code. Applications shall not be considered by the Land Use Planning Board until said professional and/or staff review is provided. Said professional and/or staff review may be provided as many times as deemed necessary to meet the statutory deadlines with respect to approvals.