Haddon Heights City Zoning Code
ARTICLE XXIII
Zoning Board of Adjustment and Planning Board
§ 450-144 Zoning Board of Adjustment. [1]
A.
A Zoning Board of Adjustment is hereby created pursuant to N.J.S.A. 40:55D-69 et seq. which shall consist of seven residents of the Borough of Haddon Heights and which may have not more than two alternate members, each of whom shall be residents of the Borough of Haddon Heights and shall be appointed by the Borough Council. Each member shall serve a term of four years from January 1 of their year of appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter the term of each regular member shall be four years and the term of each alternate member shall be two years. Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
B.
Alternate members shall be designated at the time of their appointments as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C.
No member of the Zoning Board of Adjustment shall hold an elective office or position under the municipality.
D.
No member of the Zoning Board of Adjustment shall be permitted to act upon any matter in which he has, either directly or indirectly, any personal or financial interest.
E.
A member may, after a public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
F.
Yearly, the Zoning Board of Adjustment shall organize by selecting from among its regular members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary, who may or may not be a member of the Board or a municipal employee.
G.
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Zoning Board of Adjustment.
H.
The Zoning Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the Borough Council for its use.
§ 450-145 Powers and duties of Planning Board (previously vested in Zoning Board of Adjustment).
[Amended 10-19-2004 by Ord. No. 1181; 1-20-2009 by Ord. No. 1288; 9-1-2009 by Ord. No. 1315]
A.
The Planning Board shall have the following powers, which were previously vested in the Zoning Board of Adjustment:
(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 administrative officer based on or made in the enforcement of the zoning provisions of this chapter.
(2)
To hear and decide, in accordance with the provisions of any such ordinance, requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance 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 physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulations would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to 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, including a variance for conditional use; provided, however, that no variance shall be granted to allow a structure or use in a district restricted against such structure or use, and provided further that the proposed development does not require approval by the Planning Board of a subdivision site plan or conditional use in conjunction with which the Planning Board shall review a request pursuant to N.J.S.A. 40:55D-60a.
(4)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from such zoning requirements; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated below shall be granted under this subsection, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance.
(5)
Variances.
(a)
In particular cases and for special reasons, to grant a variance to allow departure from the zoning provisions of this chapter to permit:
[1]
A use or principal structure in a district restricted against such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use.
[4]
An increase in the permitted floor area ratio as defined in this chapter and in N.J.S.A. 40:55D-4.
[5]
An increase in the permitted density as defined in this chapter and in N.J.S.A. 40:55D-4, excepted 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 a minor subdivision, in which event applications would be made pursuant to this subsection.
[6]
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
(b)
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
(c)
It shall be the responsibility of any applicant for a use variance to assure that the hearing will be recorded verbatim by a court reporter, whether or not the means for doing so are provided by the Board.
(d)
A variance under this subsection shall expire if no construction, alteration or conversion relative to the nonconforming use has been commenced within one year of the date of the Board's decision to grant the variance. For variances granted prior to the effective date of this subsection, the one-year period shall commence as of the effective date of this subsection. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant the variance. For good cause shown and after a hearing before the Board on notice in the manner required for original variance applications, the Board may extend the variance by resolution. Any extension may not exceed one year in duration, and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended.
(e)
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, unless such variance or other relief can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and other provisions of this chapter. An application under this section may be referred to any appropriate person or agency, including the Planning Board, pursuant to N.J.S.A. 40:55D-26, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
B.
The Zoning Board of Adjustment shall have such other powers, including the following:
(1)
Direct issuance of a construction 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, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(2)
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure not related to a street.
(3)
The power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning provisions. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to § 450-145A(5) of this chapter shall not be required.
(4)
Whenever an application for development requests relief pursuant to Subsection B(3) of this subsection, the Board of Adjustment 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 that the developer 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 chapter. Failure of the Board of Adjustment 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 Board of Adjustment 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.
(5)
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 Zoning Board of Adjustment 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.
C.
Wherever the words "Zoning Board of Adjustment" appear within the Code of the Borough of Haddon Heights, said words shall now read "Planning Board."
§ 450-146 Appeals and applications to Zoning Board of Adjustment. [1]
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an official of the Borough of Haddon Heights based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with three copies of the notice given to the Secretary of the Board. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
C.
The Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.
D.
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the 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 other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and on due cause shown.
E.
The Board shall render a decision not later than 120 days after the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application by the administrative officer, as the case may be, or within such further time as may be consented to by the applicant. Failure of the Board to render a 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.
§ 450-147 Planning Board.
A.
A Planning Board is hereby established pursuant to N.J.S.A. 40:55D-23 in Haddon Heights Borough consisting of nine members and two alternate members of the following four classes; all members of the Planning Board, except for the Class II members set forth below, shall be municipal residents:
[Added 10-19-2004 by Ord. No. 1181]
(1)
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
(2)
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for the purposes of this chapter in the event that there are among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
(3)
Class III: a member of the governing body to be appointed by it.
(4)
Class IV.
(a)
Class IV regular members: six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Board of Adjustment or Historic Preservation Commission and one may be a member of the Board of Education. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there are among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
[Amended 7-3-2018 by Ord. No. 1456]
(b)
Class IV alternate members.
[1]
Two other citizens of the municipality may be appointed as alternate members, who shall be municipal residents. Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring other than by expiration of term shall be filled by the appointing authority for the unexpired term only.
[2]
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
[3]
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by this section. 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.
B.
The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The term 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 comes first. The term of a Class IV member who is also a member of the Board of Adjustment or 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 shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. All terms shall run from January 1 of the year in which the appointment was made. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing, if he requests one, may be removed by the governing body for cause. Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed.
[Amended 10-19-2004 by Ord. No. 1181]
C.
If a vacancy in any class shall occur other than by expiration of a term, it shall be filled by appointment as above provided for the unexpired term.
D.
Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary, who may or may not be a member of the Board or a municipal employee.
E.
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
F.
The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Municipal or Board of Adjustment Attorney.
G.
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 450-148 Powers and duties of Planning Board.
A.
The Planning Board shall have the powers listed below in addition to other powers established:
(1)
To make, adopt and from time to time amend a Master Plan for the physical development of the Borough, which shall include consideration of any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough according to the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the land subdivision and site plan review provisions of this chapter and other development control ordinances of the Borough in accordance with the applicable provision thereof and the provisions of N.J.S.A. 40:55D-37 et seq.
(3)
To participate in the preparation and review of programs or plans required by state or federal law or regulation.
(4)
To assemble data on a continuing basis as part of a continuous planning process.
(5)
To approve conditional use applications in accordance with the provision of this chapter pursuant to N.J.S.A. 40:55D-67.
(6)
To approve planned developments as conditional uses in accordance with the provisions of this chapter and upon making the following findings pursuant to N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.
(b)
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(c)
That the physical design of the proposed development makes adequate provision for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment.
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e)
That the terms and conditions are adequate to protect the interest of the general public as well as the resident owners or tenants of the proposed development in the timely completion of any development which may be proposed to be constructed over a period of years.
(7)
From time to time, at the request of the governing body, to prepare or review a program of municipal capital improvement projects projected over a term of six years and recommend the same to the governing body.
(8)
To consider and make report 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 to 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.
(9)
To perform such other advisory functions as may be assigned to it by ordinance or resolution of the governing body.
B.
The Planning Board shall have such other powers as prescribed by law, including but not limited to the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plats, site plans or conditional uses:
(1)
Variances pursuant to this chapter, except variances for conditional uses.
(2)
Direction for issuance of a permit for a building or structure in the bed or mapped street or public drainageway, flood control basin or public area.
(3)
Direction for issuance of a permit for a building or structure on a lot not abutting a street.
C.
Whenever relief is requested pursuant to this section, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
D.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval for a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon 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 zone plan and the zoning provisions of this chapter.
§ 450-149 Provisions applicable to both Planning Board and Zoning Board of Adjustment.
[Amended 10-19-2004 by Ord. No. 1181]
A.
Meetings.
(1)
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and shall be held as scheduled unless canceled for lack of pending applications.
(2)
Special meetings may be held at the call of the Chair or at the request of any two Board members. The members of the respective Board and the public shall be given notice of such meeting in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.
(4)
All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development 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 a matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearing from which he was absent exists, and provided further that such Board member certifies in writing to the Board that he has read such transcript or listened to such recording.
(5)
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular meeting in accordance with the provision of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(6)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, 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 administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use.
B.
Public hearings.
(1)
The Planning Board or Zoning Board of Adjustment shall hold a hearing on each application for development, adoption, revision or amendment of the Master Plan, each application for approval of an outdoor advertising sign submitted to the municipal agency as required pursuant to an ordinance adopted under Subsection g of Section 29.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-39) or any review undertaken by the Planning Board pursuant to Section 22 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-31). Each Board shall make the rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Zoning Enforcement Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
(3)
Every application for development submitted to the Planning Board or Zoning Board of Adjustment 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.
(4)
The officer presiding at the hearings, 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(5)
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.
(6)
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(7)
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means at the developer's expense.
(8)
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon.
(a)
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.
(b)
The municipal agency may provide such written decisions and findings and conclusions either on the date of the meeting at which the municipal agency takes 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 municipal agency 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.
(c)
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency 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 municipal agency and not to be an action of the municipal agency, 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.
(9)
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Zoning Enforcement Officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
(10)
A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
C.
Notice of applications.
(1)
Public notice of a hearing shall be given by the applicant for the following applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street.
(d)
Any request for approval of a major or minor site plan and/or subdivision.
(e)
Any request for approval of a planned development.
(f)
In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to Section 22 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-31) or, if so provided by ordinance adopted pursuant to Subsection g of Section 29.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-39), by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.
(g)
Any request for certification or approval of any pre-existing nonconforming use or structure pursuant to N.J.S.A. 40:55D-68.
[Added 9-19-2017 by Ord. No. 1445]
(2)
The Secretary of the Planning Board or Zoning Board of Adjustment,[2] as the case may be, shall notify the applicant at least 10 working days prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
(a)
By publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough in the absence of an official newspaper.
(b)
To all owners of real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it or to the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said 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 said current tax duplicate. Pursuant to the provisions of N.J.S.A. 40:55D-14, it is not required that a return receipt be obtained.
(c)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate 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. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(d)
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.
(3)
Upon the written request of an applicant, the Tax Assessor or Tax Assessor's secretary shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. 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 Subsection C(7) of this section. 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.
[Amended 8-21-2012 by Ord. No. 1385]
(4)
The applicant shall be responsible for giving proper notice to all property owners.
(6)
The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including a precise description of any requested variances or design standard waivers; an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.
(7)
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 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 municipality and which has registered with the municipality in accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-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 by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(8)
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
§ 450-150 Appeal of decisions.
Any interested party may appeal to the Superior Court any final decision of the Zoning Board of Adjustment or Planning Board.
§ 450-151 Notice of decisions.
Any decision of the Planning Board or Zoning Board of Adjustment when acting upon an application for development and any decision of the governing body when acting upon an appeal shall be given notice in the following manner:
A.
Within 10 days of the date of decision or date of memorialization, a copy thereof shall be mailed without separate charge by the appropriate municipal authority to the applicant or appellant or to any attorney by whom represented. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the municipal authority for such service.
B.
A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Planning Board, the Secretary of the Zoning Board of Adjustment or the Borough Clerk, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
C.
A copy of the decision shall also be filed in the office of the Borough 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 that established for copies of other public documents in the Borough.
§ 450-152 Fees.
Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee schedule shall be available to the public.
§ 450-153 Applications by corporations or partnerships.
A.
A corporation or partnership applying to the Planning Board or the Zoning Board of Adjustment or the governing body for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, either of which is subject to disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion act have been listed.
D.
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning a ten-percent or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of Haddon Heights Borough in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.).
[Amended 10-19-2004 by Ord. No. 1181]
§ 450-154 Payment of taxes.
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 or to the Zoning Board of Adjustment 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 either 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.