Haddon Township City Zoning Code
ARTICLE III
Planning Organization and Procedures
§ 142-11 Planning Board. [1]
A.
Establishment. A Planning Board is hereby established, pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
B.
Membership. The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:
(1)
Class I - The Mayor.
(2)
Class II - One of the officials of Haddon Township, other than a member of the governing body, to be appointed by the Mayor. A member of the Environmental Commission, who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1 et seq., shall be deemed to be the Class II Planning Board member, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3)
Class III - A member of the Township Commissioners, as appointed by the Commissioners.
(4)
Class IV - Six other citizens of Haddon Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission and one member may be a member of the Board of Education. A member of the Environmental Commission, who is also a member of the Planning Board, shall be a Class IV Planning Board member, unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education; in which case a member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
C.
Terms of office.
(1)
The terms of the member comprising Class I shall correspond with his official tenure. Terms of the members comprising 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 by Class II member, who is also a member of the Environmental Commission. The term of a Class II or a Class IV 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.
(2)
The term of a Class IV member, who is also a member of the Board of Adjustment or the Board of Education, shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed under this act 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 4 years. Thereafter, the Class IV term of each such member shall be four years.
(4)
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided above for unexpired term.
(5)
Any member of the Planning or Zoning Board absent from four meetings consecutively with an unexcused absence will be removed as a Board member.
D.
Conflicts. No member or alternate 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 or alternate member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Commissioners for cause.
E.
Absent members. When any hearing before the Planning Board shall carry over to two or more meetings, a member of the Planning Board who is absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he/she has read such transcript or listened to such recording.
F.
Alternate members.
(1)
Not more than two alternate members may be appointed by the Mayor and shall meet the qualification of Class IV members of the Board. Alternate members shall be designated at the time of appointment 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 shall expire in any one year, provided that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(2)
Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
G.
Substitute members when conflicts exist. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection D (above) from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
H.
Organization. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary, who may or may not be a member of the Planning Board or a municipal employee. It may select, employ and contract for the services of legal counsel other than the municipal attorney, a planning consultant, a civil engineer and other staff and services, as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
I.
Powers and duties.
(1)
The Planning Board is authorized to adopt bylaws and rules governing its procedural operation. The Planning Board shall follow the provisions of the Municipal Land Use Law and shall accordingly exercise its power in regard to:
(a)
The Master Plan in accordance with the provisions of N.J.S.A. 40:55D-28.
(b)
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37.
(c)
The Official Map of the municipality pursuant to N.J.S.A. 40:55D-32.
(d)
The zoning ordinance, including conditional uses pursuant to N.J.S.A. 40:55D-62.
(e)
The capital improvement program pursuant to N.J.S.A. 40:55D-29.
(f)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60.
(2)
The Planning Board may also:
(a)
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(b)
Assemble data on a continuous basis as part of a continuous planning process.
(c)
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.
J.
Citizens Advisory Committee. The Mayor may appoint one or more members of a Citizens Advisory Committee to assist or collaborate with the 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.
K.
Environmental Commission. The Planning Board or the Board of Adjustment shall make available to the Environmental Commission, if there is one so established, an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Zoning Board of Adjustment to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1]
Editor's Note: The Planning Board and the Zoning Board of Adjustment were consolidated 10-28-2003 by Ord. No. 1098.
§ 142-12 Zoning Board of Adjustment. [1]
A.
Establishment. The Zoning Board of Adjustment, also known as the Board of Adjustment, is hereby established, pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq.
B.
Membership. The Zoning Board of Adjustment shall consist of seven members, all of whom shall be residents of Haddon Township and shall be appointed by the Township Commissioners. The term of each member shall be four years, and no member may hold any elective office or position with Haddon Township. Any vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
C.
Alternate members.
(1)
Not more than two alternate members shall be appointed by the Township Commissioners. The term of each alternate member shall be two years.
(2)
Alternate members shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. Alternate members may participate in discussion of 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.
D.
Conflicts. No member or alternate member may hold any elective office or position in Haddon Township. No member or alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing, if he requests it, be removed by the Township Commissioners for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
E.
Organization. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Zoning Board of Adjustment or a municipal employee. It may select, employ and contract for the services of legal counsel other than the Township Solicitor, a planning consultant, a civil engineer, and other staff and services, as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Commissioners for its use.
F.
Powers and duties. The Zoning Board of Adjustment shall follow the provisions of this chapter and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-70 et seq. to:
(1)
Hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in enforcement of the zoning article of this chapter.
(2)
Hear and decide in accordance with the provisions of this chapter requests for interpretation of the Zoning Map or zoning article of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by any zoning article of this chapter.
(3)
Variances.
(a)
Where: (1) by reason of exceptional narrowness, shallowness or shape of specific piece of property, or (2) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (3) 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 regulation pursuant to the zoning article 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.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to the zoning article of this chapter; provided, however, that no variance from those departures enumerated in Subsection F(4)(d) of this section 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 the power to review a request for a variance, pursuant to N.J.S.A. 40:55D-60.
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations, pursuant to the zoning article of this chapter to permit:
(a)
A use or principal structure in a district restricted against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard, pursuant to N.J.S.A. 40:55D-67, pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio, as defined in Article I of the Municipal Land Use Law.
(e)
An increase in the permitted density, as defined in Article I of the Municipal Land Use Law, 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 a minor subdivision.
(f)
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
(g)
A variance under this subsection shall be granted only by affirmative vote of at least five members.
(6)
No variance or other relief may be granted under the terms 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 the purpose of the zone plan and zoning ordinance. In respect to any airport hazard areas delineated under the "Air Safety and Hazardous 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 the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation pursuant to that act. 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 Zoning Board of Adjustment shall act.
G.
Other powers.
(1)
The Zoning Board of Adjustment, when hearing appeals and reviewing applications, shall have the power, pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-76, to:
(a)
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, a flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(b)
Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.
(2)
The Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance, pursuant to N.J.S.A. 40:55D-70d.
(3)
The developer may elect to submit a separate application requesting the approval of a variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. A separate approval of the variance shall be conditioned upon granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning article of this chapter. 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, any special 2/3 vote of the full authorized membership required for use variance shall not be required.
H.
Expiration of variance. Any variance from the terms of this chapter granted by the Planning Board or Zoning Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced or unless such permitted use have actually been commenced within one year from the date of approval of the variance. In addition, application may be made to the Zoning Board of Adjustment for two six-month time extensions. However, the running of this period of limitation shall be tolled from the date of filing of an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction until the determination of such appeal or proceeding.
I.
Absent members. When any hearing before the Zoning Board of Adjustment shall carry over two or more meetings, a member of the Zoning Board of Adjustment, who is absent for one or more meetings, shall be eligible to vote on the matter upon which the hearing was conducted; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
[1]
Editor's Note: The Planning Board and the Zoning Board of Adjustment were consolidated 10-28-2003 by Ord. No. 1098.
§ 142-13 Administrative procedures.
A.
Rules and regulations. The Planning Board and the Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for any such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the zoning office.
B.
Work sessions and meetings.
(1)
The Planning Board and Zoning Board of Adjustment shall fix the time and place for holding regular work sessions and meetings for business authorized to be conducted. Regular work sessions and meetings shall be scheduled not less than once a month and shall be held as scheduled, unless canceled for lack of applications for development.
(2)
Special meetings shall be provided at the call of the Chairman or on 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.
(3)
No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the quorum, except as otherwise required by this chapter.
C.
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 the reasons therefor. The minutes shall thereafter remain available for public inspection during normal business hours at the Zoning Office. An 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 reasonable fee for production of the minutes for his use. In accordance with the Open Public Meetings Act, N.J.S.A. 10:4-14, the minutes of the meetings shall be reasonably comprehensive.
D.
Hearings.
(1)
The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development. The Planning Board shall hold a hearing on the adoption or any revision or amendment to the Master Plan.
(2)
The Boards shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file during normal business hours in the Planning Board or Zoning Board office and available for public inspection at least 21 days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and to 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.
(4)
The testimony of all witnesses relating to any 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, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
(6)
The Board shall provide for the verbatim recording of the proceedings by either a stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof, upon request, to any interested party at his expense, provided that the Township Commissioners may provide by ordinance for the Township to assume the expense of any transcripts necessary for appeal to the Township Commissioners of decisions by the Zoning Board of Adjustment approving use variances, up to a maximum amount as specified by the ordinance.
(7)
Each decision on an application for development shall be in writing and shall include the findings of fact 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 application. A denial under this subsection must be memorialized as hereinafter provided.
(b)
The Board may provide such written decision and findings and conclusions either on the date of the meeting on which the Board takes action to grant or deny approval or, 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. Any 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 is 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 Board who voted for the action previously taken and no other members 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.
(d)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of decision for the purpose of mailings, filings and publications required by this section.
(8)
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if represented, 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 in the Planning Board or Zoning Board office. The Planning Board Secretary shall make a copy of such a filed decision available to any interested party for a reasonable fee and available for public inspection during reasonable hours.
(9)
A brief notice of the decision shall be published in the official newspaper of Haddon Township. Such publication may be arranged by the Board for a reasonable fee for such service and the printing costs to also be paid by the applicant. Nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication, if he so desires. 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 by the applicant.
(10)
At the request of the developer, the Planning Board shall grant an informal review at a meeting of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of fees for such an informal review shall be a credit toward fees for review of the application for development. A developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by any such review. Such informal review shall not include any review work by the Board's professionals unless a satisfactory escrow fee is deposited for review costs.
E.
Notice of application. Notice pursuant to Subsection E(1), (2), (3), (4), (5), (6) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(2)
Notice.
(a)
Public notice shall be given in the event variance relief is requested as a part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of Haddon Township.
(b)
Notice of hearing requiring public notice pursuant to Subsection D of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This requirement shall be deemed satisfied by notice of the condominium association in the case of any unit owners whose unit has a unit above or below it or the horizontal property regime in the case of any co-owner who has an apartment above or below it. Notice shall be given by:
(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 its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property, which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(3)
Upon the written request of an applicant, the Board Administrator shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $.25 per name or $10, whichever is greater, may be charged for such list.
(4)
Notice of hearing on applications for development involving properties located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
(5)
Notice shall be given by personal service or certified mail to the Camden 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 the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(6)
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.
(7)
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 exceeds 150 acres or 500 units. Such notice shall include a copy of any maps or documents required to be on file with the Board, pursuant to § 142-14 of this article.
(8)
The applicant shall file an Affidavit of Proof of Service with the Board holding the hearing on the application for development in the event that the applicant is required to give notice, pursuant to this section.
F.
Notice concerning Master Plan. The Planning Board shall give:
(1)
Public notice on a hearing of adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of Haddon Township at least 10 days prior to the date of this hearing.
(2)
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(3)
Notice by personal service or certified mail to the Camden County Planning Board shall be given at least 10 days prior to the date of all hearings on the adoption, revision or amendment of the municipal Master Plan. Such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto. Not more than 30 days after the date of such adoption, revision or amendment of a Master Plan, notice of such adoption, revision or amendment shall be given to the Camden County Planning Board, which shall include a copy of the Master Plan or revision or amendment thereto.
G.
Effect of mailing notice. Any notice made by certified mail pursuant to this chapter shall be deemed complete upon mailing.
H.
Ordinance, capital improvement, and Official Map notices.
(1)
Notice by personal service or certified mail shall be made to a Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(2)
Notice to County Planning Board.
(a)
Notice by personal service or certified mail shall be made to the Camden County Planning Board of:
[1]
All hearings on adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings.
[2]
The adoption, revision or amendment of the Municipal Capital Improvement Program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment.
(b)
Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the Municipal Capital Program or any proposed revision or amendment thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
I.
Filing of ordinances. The zoning, subdivision or site plan review articles of this chapter or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Camden County Planning Board. A zoning ordinance or amendment or revision thereto, which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Master Plan, shall not take effect until a copy of the resolution required by subsection a of Section 49 of P.L. 1975, C. 291 (N.J.S.A. 40:55D-62) shall be filed with the County Planning Board. The Secretary of the Camden County Planning Board shall, within 10 days of the date of receipt of a written request for copies of any development regulation, make such available to the party so requesting with said Secretary's certification that said copies are true copies and that all filed amendments and resolutions are included. A reasonable charge may be made by the County Planning Board for said copies. The Official Map of Haddon Township shall not take effect until filed with the Camden County Recording Officer.
J.
Appeal to the court. Any interested party may appeal to a court of competent jurisdiction a final decision of the Planning Board or Zoning Board of Adjustment, according to law.
K.
Enforcement.
(1)
The Township Commissioners shall enforce the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the provisions of this chapter. To that end, the Township Commissioners shall require the issuance of specified permits, certificates, or authorizations as a condition precedent to:
(2)
The Township shall appoint a Zoning Officer and other officials for the purpose of enforcing this chapter and the Municipal Land Use Law and issuing such permits, certificates or authorizations and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate state, county or municipal agencies and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations.
(3)
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used or developed in violation of this chapter or any other ordinance of Haddon Township, the Township Commissioners and its agents or interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
L.
Appeal to the Board of Public Utilities.
(1)
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a board or municipal agency through its exercise of its powers under this chapter with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the Township Commissioners, unless such public utility so chooses. In such case, appeal to the Public Utility Commissioners may be taken within 35 days after action by the Township Commissioners. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which appeal is taken to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard.
(2)
If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, this chapter or any regulation made thereunder to the contrary notwithstanding. This chapter or any regulation made hereunder shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service, if upon a petition of the public utility, the Board of Public Utility Commissioners shall, after hearing of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public. Nothing in this chapter shall be construed to restrict the right of any interested part to obtain a review of the action of the municipal board or agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
M.
Exclusive authority of Planning Board and Zoning Board of Adjustment. Any power expressly authorized by this chapter to be exercised by the Planning Board and Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.
N.
Conditional approval.
(1)
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or other issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with this chapter and, if such application for development complies with this chapter, the Board shall approve such application, conditioned upon removal of such legal barrier to development.
(2)
In the event that development proposed by an application for development requires an approval by a governmental agency other than the local Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency. However, the Board shall make a decision on any application for development within the time period provided by statute or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.
O.
Payment of taxes. Every application for development submitted to the Planning Board or the Zoning Board of Adjustment shall be accompanied by proof that no taxes, municipal utilities, or assessments for local improvements are due or delinquent on the property that is the subject of such application. Taxes shall be kept current while any application is pending or under review. The Board may, however, agree to condition any approval or any relief, either upon the prompt payment of such taxes or assessments or the making of adequate provision thereof, in such manner that the Township will be adequately protected.
§ 142-14 Master Plan.
A.
Preparation, contents and modification. The Planning Board may prepare and, after public hearing, adopt or amend a Master Plan, or component parts thereof, to guide the use of lands within the Township in a manner which protects public health and safety and promotes the general welfare.
B.
Specific components. The Master Plan shall generally compromise a report or statement and land use and development proposals with maps, diagrams and text, presenting at least the following Subsection B(1) and (2) and, where appropriate, the following Subsection B(3) through (12):
(1)
A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals or the physical, economic and social development of the Township are based.
(2)
A land use plan element:
(a)
Taking into account and stating its relationship to the statement provided for in Subsection B(1) above, and other Master Plan elements provided for in Subsection B(3) through (12) of this section and natural conditions, including, but not necessarily limited to: topography, soil conditions, water supply, drainage, floodplain areas, marshes and woodlands.
(b)
Showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes; and stating the relationship thereof to the existing and any proposed zone plan and zoning ordinance.
(c)
Showing the existing and proposed location of any airports and the boundaries of any airport safety zones delineated pursuant to the "Air Safety and Zoning Act of 1983" (N.J.S.A. 6:1-80 et seq.).
(d)
Including a statement of the standards of population density and development intensity recommended for the Township.
(3)
A housing plan element, including, but not limited to, residential standards and proposals for construction and improvement of housing.
(4)
A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality.
(5)
A utility service plan element analyzing the need for and showing the future general location of water supplies and distribution, facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities and including any stormwater management plan required, pursuant to N.J.S.A. 40:55D-93 et seq.
(6)
A community facilities plan element showing the location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas.
(7)
A recreation plan element showing a public comprehensive system of areas and public sites for recreation.
(8)
A conservation plan element providing for the preservation and utilization of our natural resources, including to the extent appropriate: open space, water, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species, wildlife and other natural resources, and which systematically analyzes the impact of each other component of the Master Plan on the present and future preservation, conservation and utilization of those resources.
(9)
An economic plan element considering all aspects of economic development and sustained economic vitality, including:
(10)
An historic preservation plan element:
(a)
Indicating the location and significance of historic sites and historic districts.
(b)
Identifying the standards used to assess worthiness for historic site or district identification.
(c)
Analyzing the impact of each component and element of the Master Plan on the preservation of historic sites and districts.
(11)
Appendices or separate reports containing the technical foundation for the Master Plan and its constituent elements.
(12)
A recycling plan element which incorporates the state recycling plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
(13)
Such other elements as the Planning Board may find useful or appropriate.
(14)
The Master Plan and its plan elements may be divided into sub-plans and sub-plan elements, projected according to periods of time or staging sequences.
C.
Relations to other plans. The Master Plan shall include a specific policy statement, indicating the relationship of the proposed development of the Township, as developed in the Master Plan, to: