Elsinboro City Zoning Code
PART 2
Development Procedures
§ 115-11 Establishment and composition.
[Amended 12-2-1991 by Ord. No. 91-7; 10-4-2004 by Ord. No. 2004-5]
A.
Regular members. There is hereby established in the Township of Elsinboro a Planning Board of nine members consisting of the following four classes pursuant to N.J.S.A. 40:55D-23:
(1)
Class I: The Mayor or the Mayor's designee in the absence of the Mayor.
(2)
Class II: One of the officials of the Township, other than a member of the Township Committee, to be appointed by the Mayor.
(3)
Class III: A member of the Township Committee appointed by it.
(4)
Class IV: Six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other Township office, position or employment, except that one Class IV member may be a member of the Board of Education. If there be a municipal environmental commission, the member of the environmental commission who is a member of the Planning Board shall be a Class IV Planning Board member. For the purpose of this subsection, membership on a Township board or commission whose function is advisory in nature and the establishment of which is discretionary, not required by statute, shall not be considered to be holding a Township office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The term of appointment of any class of member of the Planning Board appointed pursuant to this section shall commence on January 1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Alternate members. The Mayor may appoint four alternate members meeting the qualifications of Class IV members and being Township residents. These shall be designated as Alternate Number 1, Alternate Number 2, Alternate Number 3 and Alternate Number 4. Their terms of office shall be for two years, and their expiration dates shall be staggered so that two alternates can be appointed each year. Should a vacancy occur in an alternate position, then the Mayor may fill that position for the unexpired term only. Alternates may only serve as provided in N.J.S.A. 40:55D-23.1. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. A vote may 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, the lowest-number alternate shall vote.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-12 Terms of office.
[Amended 12-2-1991 by Ord. No. 91-7; 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this article shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointments, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
§ 115-13 Vacancies and removal.
§ 115-14 Organization.
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
§ 115-15 Experts and staff.
A.
There is hereby created the office of Planning Board Solicitor. The Planning Board may annually appoint and fix the compensation of the Planning Board Solicitor, who shall be an attorney other than the municipal attorney.
B.
The Planning Board may also employ or contract for the services of experts and staff as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 115-16 Powers and duties generally.
[Amended 10-4-2004 by Ord. No. 2004-5]
A.
The Planning Board shall have the following powers and duties:
(1)
To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer provisions of all development regulations of the municipality in accordance with the provisions of said regulations and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To consider and make recommendations to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(4)
To assemble data on a continuing basis as part of a continuous planning process.
(5)
To annually participate in the preparation and review of a municipal capital improvements program projected over a term of six years, and amendments thereto, when requested by the Township Committee.
(6)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7)
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
B.
The Planning Board shall have the following additional powers previously granted to the Zoning Board of Adjustment:
(1)
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Part 3, Zoning, of this chapter. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all the powers of the administrative officer from whom the appeal was taken.
(2)
To hear and decide requests for interpretation of the Zoning Map or Part 3, Zoning, of this chapter or for decisions on other special questions upon which the Board is authorized to pass in accordance with N.J.S.A. 40:55D-1 et seq.
(3)
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulations in Part 3, Zoning, of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant upon an application or an appeal relating to such property a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
(4)
To grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the fully authorized membership of the Board. No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Part 3, Zoning, of this chapter. The Class I and Class III members of the Planning Board shall not participate in or vote upon any application for a use variance brought under this subsection pursuant to N.J.S.A. 40:55D-70d.
(5)
To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway or flood control basin or public area reserved on the Official Map but only by the affirmative vote of a majority of the full authorized membership of the Board.
(6)
To direct issuance of a permit for a building or structure on a lot not abutting a street as required by N.J.S.A. 40:55D-35 where the enforcement of this requirement would entail practical difficulty or unnecessary hardship or where the circumstances do not require the building or structure to be related to a street pursuant to N.J.S.A. 40:55D-36.
C.
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
§ 115-17 Application procedures.
[Amended 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any applicant requesting an interpretation and/or any other type of relief within the jurisdiction of the Planning Board shall obtain all necessary forms from the Planning Board Secretary. Said officer shall inform the applicant of the steps to be taken in securing Planning Board action and of the Board's regular meeting dates. The applicant shall submit 16 copies of the plat or plans, together with a completed application form, all required accompanying documents and fees to the Planning Board Secretary at least 15 days prior to the next regularly scheduled meeting. The Secretary shall immediately forward a copy of the plat or plans to the Board Engineer and such other persons as designated by the Planning Board.
§ 115-18 General review procedures; environmental impact statement.
A.
All applications submitted to the Board are subject to review and approval as set forth herein.
[Amended 10-4-2004 by Ord. No. 2004-5]
B.
An application made to the Board shall be complete for purposes of commencing the applicable time period for action when so certified by the Planning Board or its authorized committee or designee. In the event the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Township may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
[Amended 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Any application for development submitted to the Board of Adjustment pursuant to lawful authority before January 1, 2005, the effective date of the ordinance creating a single board, pursuant to N.J.S.A. 40:55D-25c, may be continued at the option of the applicant, and pursuant to N.J.S.A. 40:55D-72.1, the Board of Adjustment shall have every power which it possessed before the effective date of said ordinance in regard to the application. Once the processing of any such applications has been completed by the Board of Adjustment or after December 31, 2004, whichever is later, the Board of Adjustment shall disband and be terminated and its records shall be delivered to the custody of the Secretary of the Planning Board.[1]
[Amended 10-4-2004 by Ord. No. 2004-5]
D.
Whenever an application is submitted for major subdivision approval, conditional use or site plan approval, an environmental impact statement shall be filed with the Board which shall contain the following information:
[Added 11-7-1994 by Ord. No. 94-5]
(1)
General provisions. The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.
(b)
Any variance applications to the Planning Board not involving a site plan or subdivision application shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
Any application for minor site plan approval to the Planning Board shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
All minor subdivision, preliminary major subdivision and/or major site plan applications shall be accompanied by an environmental impact statement.
(2)
Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professional shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the particular suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site, description and inventory. Provide a description of the environmental conditions on the site, including the following items:
[1]
Types of soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.
[2]
Topography. Describe the topographic conditions on the site.
[3]
Geology. Describe the geologic formations and features associated with the site as well as depth-to-bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.
[4]
Vegetation. Describe the existing vegetation on the site. A map shall be prepared, showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
[5]
Wildlife. Identify and describe any unique habitats of endangered or protected species.
[6]
Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
[8]
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment, including, but not necessarily limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
[1]
Soil erosion and sedimentation resulting from surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered and protected species.
[10]
Destruction or degradation of scenic and historic features.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Energy utilization.
[14]
Agricultural enterprises if within the Agricultural Development Area as identified by the Salem County Agriculture Development Board and/or the State Agriculture Development Committee.
(d)
Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:
(e)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(f)
Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(3)
Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
§ 115-19 Minor subdivision approval.
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Said approval shall not be subject to notice requirements or a public hearing and shall be the final action of the Board which may be conditioned upon improvement provisions pursuant to N.J.S.A. 40:55D-38. Failure of the Planning Board to act within the prescribed period shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Clerk, Township Engineer, and Township Tax Assessor. Any such plat or deed must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Clerk. The zoning requirements and approval terms and conditions shall not be changed for a period of two years after the date of minor subdivision approval, provided the subdivision has been duly recorded.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
§ 115-20 Major subdivisions and site plans.
A.
Preliminary approval.
(1)
Upon submission of a complete preliminary application for a subdivision of 10 or fewer lots or a site plan of 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of submission or within such time as may be consented to by the developer. Upon submission of a complete preliminary application for a subdivision of more than 10 lots, a site plan of more than 10 acres, or planned development application, the Planning Board shall grant or deny preliminary approval within 95 days or within such further time as may be consented to by the developer. All such applications shall be subject to a public hearing after proper notice. Failure to act within the period prescribed shall constitute preliminary approval of the subdivision or site plan.
(2)
In the event preliminary approval of a subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the Planning Board Secretary, shall be placed on the plat, and reasons for the decision shall be stated in the denial resolution.
(3)
Preliminary approval of a major subdivision, site plan, or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including required performance guarantees, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat and plan, together with the signature of the Chairperson and Secretary of the Planning Board. This preliminary approval does not authorize the recording of a subdivision or the issuance of a building permit for a site plan.
(4)
Preliminary approval of a subdivision plat or site plan shall confer upon the developer the following rights:
(a)
That the zoning requirements and the general terms and conditions on which preliminary approval was granted shall not be changed for a three-year period from the date of preliminary approval unless modified by ordinance provisions relating to public health or safety;
(b)
That the developer may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan; and
(c)
That the applicant may apply for and the Planning Board may grant extensions of one year or longer as provided in N.J.S.A. 40:55D-49.
B.
Final approval.
(1)
Application for final major subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete final application or within such further time as consented to by the developer. Failure of the Planning Board to act within the prescribed period shall constitute final approval.
(2)
Final approval of a major subdivision, site plan, or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with and all required easements have been submitted and approved as to content by the Township Engineer and approved as to form by the Township Solicitor.
(3)
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless, within such period, a plat meeting the Map Filing Law[1] and bearing the signature of the Chairperson and Secretary of the Planning Board shall have been duly filed with the County Clerk. The Planning Board may, for good cause shown, extend the period for recording for an additional period, not to exceed 190 days from the date of signing of the plat.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(4)
Final approval of a major subdivision or site plan shall confer upon the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection A of this section shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly and properly recorded. The Planning Board may extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection A of this section for any portion granted final approval.
(b)
In the case of a subdivision or site plan of planned development or residential cluster of 50 acres or more or a conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the period of protection as provided in N.J.S.A. 40:55D-52.
(5)
Upon final approval, copies of the approved plat or plans shall be distributed by the Planning Board Secretary to the Planning Board files, Township Engineer, Zoning Officer, Tax Assessor, County Planning Board, and the applicant.
§ 115-21 Conditional use approval.
In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and Subsection A(2) of § 115-16 of this chapter, the Planning Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Said application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning Board to act within the prescribed period shall constitute approval of the application.[1]
§ 115-22 Simultaneous review and approval.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
§ 115-23 Exception in application regulation.
The Planning Board, when acting upon application for a preliminary or minor subdivision approval or preliminary site plan approval, shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, provided such exceptions and the reasons therefor shall be recorded in the minutes.
§ 115-24 Appeals to Township Committee.
An appeal from any final decision of the Planning Board may be taken to the Township Committee, provided such appeal shall be taken in accordance with N.J.S.A. 40:55D-17.[1]
§ 115-25 Time periods.
[Added 10-4-2004 by Ord. No. 2004-5]
A.
Whenever an application for approval of a subdivision, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in the Municipal Land Use Law. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and 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.
B.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision; or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board shall condition any approval that it grants upon 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 period.
§ 115-26 Meetings.
A.
Meetings of the 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.
B.
Special meetings may be provided for at the call of the Chairperson or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of the Municipal Land Use Law or Open Public Meetings Law.
E.
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 (N.J.S.A. 10:4-6 et seq.). An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-27 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the 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 use as provided for in the rules of the Board.
§ 115-28 Notice requirements for hearings.
A.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2)
Notice to property owners.
(a)
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by:
(b)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection A(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 road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceed 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing and the applicant shall file an affidavit of proof of service with the Board for the development application. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time, and place of the hearing, the nature of the matters to be considered, and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
D.
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, 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 this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-29 Hearings.
A.
Rules. The Planning Board shall make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing 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, c. 38, P.L. 1953 (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 applicable 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 stenographer, mechanical, or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-30 Decisions.
A.
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.
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 prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
C.
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-31 Conflicts of interest.
No member of the 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 further discussion or decision relating thereto.
§ 115-32 Payment of taxes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board 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; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Planning Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 115-33 Fees.
Fees for applications or for the rendering of any service by the Planning Board shall be established by a separate fee schedule.