Monroe Township Middlesex
City Zoning Code
City Zoning Code
ARTICLE III
Administrative Procedures
§ 108-3.1 Planning Board.
A.
Establishment; membership; voting right of absentees.
(1)
Establishment.
(a)
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Township of Monroe, a Planning Board of nine members, consisting of the following four classes:
[1]
Class I: The Mayor.
[2]
Class II: one of the officials of the Township, other than a member of the Township Council, to be appointed by the Mayor.
[3]
Class III: A member of the Township Council, to be appointed by it.
[4]
Class IV: six other citizens of the Township, to be appointed by the Mayor.
(b)
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, may be a Class IV Planning Board member. Other members of Class IV shall hold no other municipal office, position or employment.
[Amended 4-5-99 by Ord. No. 0-4-99-015]
(c)
Alternate membership. There shall be appointed by the Mayor two alternate members to the Planning Board. Alternate members shall meet the qualifications of Class IV members of the Planning Board.
(2)
Voting rights after absence. When any hearing before the Planning Board shall carry over two or more meetings, a member or alternate member of the Board who was absent for one or more of the 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 has read such transcript or listened to such recording.
B.
Terms of office. The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first. The term of a Class IV member who is also a member of the Environmental Commission shall be for three years or shall terminate at the completion of this term of office as a member of the Environmental Commission, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter 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, as determined by resolution of the Township Council; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term 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. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided. The terms of an alternate member shall be two years; provided, however, that in the initial year of the adoption hereof, the Mayor shall designate one of the terms of the alternate members to be for one year. The alternate members shall be designated by the Mayor 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 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. All terms shall run from January 1 of the year in which the appointment is made.
C.
Removal from office. Any member, other than a Class I member, after a public hearing, if he requests one, may be removed by the Township Council for cause.
D.
Vacancies. If a vacancy in any class shall occur other than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
E.
Organization. The Planning Board shall elect a Chairman and Vice-Chairman from the members of Class IV and select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.
F.
Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of the Planning Board Attorney, who shall be an attorney other than the Township Attorney.
G.
Experts and additional staff and services. The Planning Board may also employ or contract for and fix the compensation of services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
H.
Powers and duties.
(1)
Adoption of bylaws. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties.
(2)
Master Plan. The Planning Board shall adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear an essential relationship to the planning of the Township of Monroe, in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
Administration of chapter. The Planning Board shall administer the provisions of this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(4)
Required plans. The Planning Board shall participate in the preparation and review of programs or plans required by State or Federal law or regulations.
(5)
Continued planning. The Planning Board shall assemble data on a continuing basis as part of a continuous planning process.
(6)
Preparation of capital improvement program. The Planning Board shall annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend them to the Township Council.
(7)
Reports on referred matters. The Planning Board shall consider and make reports to the Township Council, within 35 days after referral, as to any proposed development regulation or other matter submitted to it for review by the Mayor and Township Council.
(8)
Power to exercise authority of the Zoning Board of Adjustment. When reviewing applications for approval of subdivision plats, site plans or conditional uses, the Planning Board may, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70(c).
(b)
Direct the issuance of a permit for a building or a structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map, if it is satisfied that:
[1]
The parcel or parcels of land cannot yield a reasonable return to the owner unless a building permit is granted; and
[2]
The building or structure will increase the cost of opening such street as little as practicable or will tend to cause a minimum of change of the Official Map. In directing the issuance of such permit, the Board shall impose reasonable requirements as a condition of granting the permit, so as to promote the health, morals, safety and general welfare of the public.
(c)
Direct the issuance of a permit for a building or structure not related to a street where it is satisfied that:
[1]
If the permit is not granted, practical difficulty or unnecessary hardship would result; and
[2]
The circumstances of the case do not require the building or structure to be related to a street. The Board may direct the issuance of such a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan.
[3]
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.
(9)
Advisory duties. The Planning Board shall perform such other advisory duties as are assigned to it by ordinances or resolution of the Township for the aid and assistance of the Township or other municipal agencies and officers.
(10)
Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for a development. The developer shall not be required to submit any fees for such informal review. The 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.
(11)
In the event of any amendment, supplement or revision to Chapter 291 N.J.S.A. 40:55D-1, and in particular 40:55D-23 through 40:55D-27; Municipal Planning Board, subsequent to the date of this chapter, said amendment shall govern.
I.
Minor Subdivision Committee. The Chairman of the Planning Board shall establish a Minor Subdivision Committee to review applications for development of minor subdivisions. The Committee shall have the power to determine, on behalf of the Board, whether an application for development conforms to the definition of "minor subdivision" in this chapter. The Committee shall also have the power to approve those applications which so conform, whether unconditionally or conditioned on terms ensuring the provisions of improvements.
J.
Citizens' Advisory Committee. The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall serve at the pleasure of the Mayor.
§ 108-3.2 Zoning Board of Adjustment.
A.
Establishment; appointment; terms of office. Zoning Board of Adjustment is hereby established, consisting of seven residents of the Township, appointed by the Township Council, to serve for terms of four years from January 1 of the year of their 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 evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter the term of each member shall be for four years.
B.
Continuation in office. Nothing in this chapter shall 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.
C.
Holding of additional office prohibited. No member of the Zoning Board of Adjustment may hold any elective office or position in the Township.
D.
Vacancies. A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.
E.
Removal. Any member may be removed by the Township Council for cause. A public hearing shall be held prior to such removal if the member requests it.
F.
Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or a municipal employee.
G.
Alternate members. There shall be appointed, in a like manner to regular members, four alternate members, to be designated as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4," and they shall serve in rotation during the absence or disqualification of any regular member or members. The terms of such alternate members shall be two years, commencing in January 1 of the year of their appointment, except that the initial terms of "Alternate No. 2" and "Alternate No. 4" shall be for a period of one year, such that the terms of the alternate members shall expire in alternating years. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. In the event that a choice must be made as to which alternate member is to vote, alternate members shall vote in the order of their numerical designations.
[Amended 6-8-05 by Ord. No. O-6-2005-027]
H.
Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
I.
Experts and additional staff and services. The Zoning Board of Adjustment may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
J.
Powers and duties.
(1)
Powers granted by law. The Board of Adjustment shall have such powers as are granted by law to:
(a)
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 the zoning provisions of this chapter or any other municipal ordinance.
(b)
Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter or for decisions upon other special questions upon which the Board is authorized by this chapter or any other municipal ordinances to pass.
(c)
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 the structures lawfully existing thereon, the strict application of any regulation in this chapter or ordinance would request 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: or 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 Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from the regulations of this chapter; provided, however, that no variance from those departures enumerated in Subsection J(1)(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 power to review a request for a variance.
(d)
In particular cases and for special reasons, to grant a variance to allow departure from regulations contained in this chapter to permit a use or principal structure in a district restricted against such use or principal structure, an expansion of a nonconforming use, deviation from a specification or standard pertaining solely to a conditional use, an increase in the permitted floor area ratio as defined in this chapter or an increase in the permitted density as defined in this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board of Adjustment.
(2)
Decisions not to impair intent of zoning plan. No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and zoning provisions of this chapter.
(3)
Referral to other agencies. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(4)
Additional powers. The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection J(1), have the following powers:
(a)
Permit for structure in street or other public way. A majority of the full authorized membership of the Board may, in a specific case, direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map if it is satisfied that the parcel or parcels of land cannot yield a reasonable return to the owner unless a building permit is granted and the building or structure will increase the cost of opening such street as little as practicable or will tend to cause a minimum change of the Official Map. In directing the issuance of said permit, the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public, pursuant to N.J.S.A. 40:55D-76(1).
(b)
Permit for structure without access to street. The Board may, upon application or appeal, direct the issuance of a permit for a building or structure not related to a street where it is satisfied that if the permit is not granted, practical difficulty or unnecessary hardship would result and the circumstances of the case do not require the building or structure to be related to a street. The Board may direct the issuance of such a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan pursuant to N.J.S.A. 40:55D-76(2).
(c)
Authority to exercise powers of Planning Board. The Board of Adjustment shall have 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 pursuant to Subsection J(1)(d) of this section. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of subdivisions, 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 such 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 ordinance. No variance or 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 purpose of the zone plan and the zoning ordinance. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to Subsection J(1)(d) shall not be required. Pursuant to N.J.S.A. 40:55D-76(2)b.
(5)
Power to reverse or modify decisions. In exercising its power to hear appeals, the Board of Adjustment 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 that should be made and to that end, has all the powers of the administrative officer from whom the appeal was taken.
(6)
In the event of any amendment, supplement or revision to Chapter 291 N.J.S.A. 40:55D-1, and in particular 40:55D-69 through 40:55D-76; Zoning Board of Adjustment, subsequent to the date of this chapter; said amendment shall govern.
§ 108-3.3 Administrative provisions applicable to municipal agencies.
A.
Meetings.
(1)
Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
The municipal agency may provide for special meetings, at the call of the Chairman or at the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
(3)
No action shall be taken at any meeting without a quorum being present.
(4)
All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D70d. 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. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
(5)
All regular meetings and all special meetings shall be open to the public. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
(6)
An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
B.
Minutes. 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 the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Planning Board or Board of Adjustment Secretary. 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 in an amount sufficient to cover the cost of such reproduction of the minutes for his use.
C.
Hearings.
(1)
Required hearings. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board and Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
(3)
Filing for documents. 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 Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(4)
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 Investigation Law, N.J.S.A. 2A:67A-1 et seq. shall apply.
(5)
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 the number of witness.
(6)
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(7)
Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request to an interested party at his expense.
(8)
Transcript charge. The municipal agency in furnishing a transcript of the proceeding to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15, as amended. Said transcript shall be certified in writing by the transcriber to be accurate.
(9)
Requirements for a certified shorthand reporter. A certified shorthand reporter may be provided by an applicant at his expense for a major subdivision, major site plan or use variance application before a municipal agency. The applicant shall provide a certified copy of the transcript of the proceedings to the municipal agency at his expense. In the event that an applicant shall provide a certified shorthand reporter for any other type of application before a municipal agency, the applicant shall provide a copy of the transcript to the municipal agency if requested or in the event of a court case.
(10)
Voting eligibility. A member or alternate member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcripts or recordings of all of the hearings from which he or she was absent and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.
D.
Notice requirements for hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:
(1)
Public notice of a hearing on an application for development shall be given for all of the following:
(a)
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(b)
Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d)
Preliminary major subdivision plats.
(e)
Preliminary major site plans.
(2)
Public notice shall be given by publication in the official newspaper of the Township if there is one, or if not in a newspaper of general circulation in the Township.
(3)
Notice of a hearing requiring public 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. Notice shall be given by serving a copy thereof on the 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. A return receipt is not required. 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. 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.
(4)
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 to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications 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.
(6)
Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.
(7)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
(8)
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12.
(9)
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(10)
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 for public inspection as required by law.
(11)
List of property owners furnished. Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. 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 fee of twenty-five cents ($0.25) per name or $10, whichever is greater, shall be charged to such list.
E.
Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.
(1)
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or
(b)
A resolution adopted at a meeting not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.
(c)
Where the agency fails to adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the Township.
(2)
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion to approve an application, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.
(3)
The following shall apply to adoption of the resolution of memorialization:
(a)
The vote on a resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency.
(b)
The vote of a majority of those eligible members who are present at the meeting at which the resolution of memorialization is presented for adoption shall be sufficient to adopt the resolution of memorialization.
(c)
The date of the adoption of the resolution of memorialization shall constitute the date of decision for purposes of the mailings, filings and publications required.
(4)
Copies of the decision shall be distributed by the Planning Board and Board of Adjustment Secretary as follows:
(a)
A copy shall be mailed within 10 days of the date of decision to the applicant or, if requested, then to his attorney, without separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer and shall be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.
(5)
A brief notice of the decision shall be published in the official newspaper(s) of the Township:
(a)
Such publication shall be arranged, and proof of publication shall be obtained by the Planning Board or Board of Adjustment Secretary. Nothing herein 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.
(b)
Such notice shall be published within 30 days of the date of decision or 20 days of the date of mailing of a copy of the decision by the Planning Board or Board of Adjustment Secretary, whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.
F.
Conditional approvals.
(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 order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
(2)
In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
(3)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency 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.
(4)
The municipal agency may impose such other conditions as it deems appropriate.
(5)
In all cases, the municipal agency may include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.
G.
Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
H.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-89 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 Township will be adequately protected.
I.
Appeals to Township Council. Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision in accordance with the provisions of N.J.S.A. 40:55D-17.
J.
Time for decision. After the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.
Type of Application | Time Period (Days) |
|---|---|
Site plans, minor | 45 Days |
Preliminary approval | |
10 acres or less or 10 units or less | 45 Days |
More than 10 acres or 10 units | 95 Days |
Final approval | 45 Days |
Subdivisions, minor | 45 Days |
Preliminary approval | |
10 lots or less | 45 Days |
More than 10 lots | 95 Days |
Final approval | 45 Days |
Conditional use authorization | 95 Days |
Variance | 120 Days |
Appeal from the decision of a municipal officer | 120 Days |
Direction for issuance of a building permit | 120 Days |
§ 108-3.4 Certificates and permits.
[Amended 1-4-95 by Ord. No. 0-1-95-001]
A.
Certificate of occupancy.
(1)
Necessity of certificate of occupancy. No building or structure shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. No building or structure altered, in whole or in part, shall be used or occupied until such time as a certificate of occupancy is issued by the Construction Official except that any use or occupancy in an already existing building or structure that was not discontinued during its alteration may be continued in the preexisting structure for 30 days after the completion of the alteration without the certificate of occupancy.
(2)
Issuance of certificate of occupancy. The owner, prospective occupant or purchaser of the building or structure shall complete an occupancy application which shall be obtained from and filed with the Construction Official. The certificate of occupancy shall be issued upon a determination by the Construction Official that the facts represented on the application are correct and that the construction has been completed in accordance with any construction permits issued, the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., the provisions of this chapter, and other codes and ordinances affecting construction and occupancy.
(3)
Temporary certificate of occupancy. On the request of a holder of a construction permit, the Construction Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the construction permit has been completed, if the part or parts of the building or structure to be covered by the certificate may be occupied prior to the completion of all work in accordance with the permit, the Uniform Construction Code Act and other applicable laws and ordinances, without endangering the health and safety of the occupants or users or general public.
(4)
Scope of certificate of occupancy. The certificate of occupancy shall indicate that the construction authorized by the construction permit has been completed in accordance with any building or construction permits issued, the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., the provisions of this chapter, and any other codes and ordinances affecting construction and occupancy.
(5)
Prior to the issuance of a certificate of occupancy by the municipality, the owner of any new multifamily housing, commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials.
[Added 12-3-07 by Ord. No. 0-12-2007-045]
(6)
Necessity of obtaining zoning permit. No certificate of occupancy, including a continuing certificate of occupancy, shall be issued until a zoning permit has been issued.
[Amended 12-3-07 by Ord. No. 0-12-2007-045]
B.
Zoning permit.
(1)
New uses. No use of a structure, building or land shall commence nor shall a structure or building be erected, constructed, reconstructed, altered, converted or installed until such time a zoning permit is issued by the Zoning Officer. The owner, prospective occupant or purchaser of the structure, building or land shall complete a zoning permit application, which shall be obtained from and filed with the Zoning Officer. A zoning permit shall only be issued upon a determination by the Zoning Officer that the facts represented on the application are correct and that the proposed use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the municipal agency.
(2)
Existing uses.
(a)
Existing use at time of passage of chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Zoning Officer, after inspection, shall issue a zoning permit for a use legally existing at the time of passage of this chapter, certifying the extent and nature of use and whether any such existing use conforms to the provisions of this chapter.
(b)
Nonconforming uses. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without a zoning permit having first been issued by the Zoning Officer, stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by the action of the Board of Adjustment.
(3)
Change of use.
(a)
Whenever there occurs a change in use of a building, structure or land, a new zoning permit shall be applied for to ensure compliance with all applicable codes and ordinances. In applying for a new zoning permit, the applicant shall follow the procedures delineated in Section 108-3.4(B)(1) of this chapter.
(b)
For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A zoning permit shall be obtained for each and every change of commercial or industrial occupancy. The Zoning Officer may issue the zoning permit if he determines that the requirements of this chapter and of any other applicable Federal, State, County or municipal laws, regulations, or rules concerning the proposed use and occupancy do not differ from those of the previous use and occupancy.
(4)
Scope of zoning permit. The zoning permit shall contain sufficient information as to the extent and nature of the use or structure such that any future investigation of the premises would disclose the extent to which the use or structure is altered. The zoning permit shall also indicate whether such use is a permitted conforming use, a nonconforming use, or a use permitted pursuant to the terms of a variance and the extent to which the use does not conform to the provisions of this chapter.
(5)
Fees. The zoning permit application shall be accompanied by a fee in the amount of $100 for nonresidential and $10 for residential to cover the administrative costs associated with the clerical processing and filing of the Application and to cover costs associated with the required review of the application by the Zoning Officer and/or his agents.
C.
Improvement requirements. No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer or Monroe Township Municipal Utilities Authority shall have certified, where applicable, to the following:
(1)
Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed and service to the lot, building or use from such utilities shall be available.
(2)
Grading of streets. All streets necessary to provide access shall have been graded and all slope retaining devices or slope planting shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access shall have been properly installed.
(4)
Curbing, parking areas and streets. Curbing, complete parking areas and the bituminous course for bituminous concrete streets or the curbing and pavement course for Portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.
(5)
Roadway obstructions. All exposed obstructions in bituminous concrete streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
(6)
Buffer areas and grading of lots. The lot shall have been fully graded and all planting and required buffer areas or fences shall have been provided in accordance with the requirements of an approved site plan or preliminary plat, if any, or as required by the Township Engineer, to permit proper surface drainage and prevent erosion of the soils.
(7)
On-site wells. All on-site wells have been installed, tested and approved by the County Board of Health.
(8)
On-site sanitary disposal system. All on-site sanitary disposal systems shall have been installed and approved by the County Division of Health.
(9)
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested.
(10)
Street signs and traffic control devices. All street signs and/or traffic control devices affecting the proposed lot, building or use and required under the terms of site plan approval or tentative approval of a preliminary plat or by Federal, State, County or municipal rules, regulations or laws shall have been installed.
D.
Grading and clearing permit.
(1)
Before the erection of any structure, removal of any tree having a caliper greater than six inches or the alteration of the existing grade on a lot, permits shall be required in accordance with the provisions of the municipal shade tree ordinance and the tree removal ordinance.
[Amended 7-2-01 by Ord. No. 7-2001-027]
E.
Building permit.
[Added 12-3-07 by Ord. No. 0-12-2007-045]
(1)
At the time of issuance of any building permit, the Building Code Official shall provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a Notification of Construction/Demolition Activity Form that must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management within 48 hours of the issuance of a municipal building permit.
§ 108-3.5 Records.
It shall be the duty of the Construction Official to keep a record of all applications for building permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the officials of the Township of Monroe. The Construction Official shall prepare a monthly report for the Township Council summarizing for the period since the last report all zoning permits and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Council.
§ 108-3.6 Application of regulations.
In all zones or proposed uses, subdivision, site development or construction other than an exempt development, site plan and/or subdivision approval shall be required prior to:
A.
Subdivision of land.
B.
Issuance of a development permit or building permit.
C.
Commencement of any regulated use or activity, which includes:
(1)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures.
(2)
The nonresidential use or occupancy of any buildings, structures or land.
(3)
The subdivision or resubdivision of any land.
(4)
Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.
(5)
Installation of above ground or underground utilities.
D.
Applications for development requiring Planning Board or Board of Adjustment action.
(1)
Submission requirements. All applications for development requiring Planning Board or Board of Adjustment action shall be submitted in accordance with the requirements set forth in this article. Where an application involves approvals related to more than one section, the more restrictive requirements shall apply.
(2)
Administrative review.
(a)
Upon receipt of an application for development, the Administrative Officer shall retain the original of the application and one copy of the plat maps and attachments and shall forward copies of the application and all plat maps, supporting attachments, exhibits and other information as submitted, and the application checklist to the following: Board Secretary, Board Attorney, Board Engineer, Planning Consultant, Township Planner, plus five extra copies. The applicant is responsible for applications and submission documents to County, State, Federal or other applicable boards and agencies.
Note: Only overall site, landscape and topographic maps are required.
(b)
The Planning Board or Board of Adjustment may determine that additional distribution of the application, plat map and attachments should be made to other agencies, and, in such cases, the applicant may be required to submit additional prints.
(3)
Completeness review.
(a)
When all submission requirements have been fulfilled and, in case of site plans, subdivisions and conditional uses, the Administrative Officer will, if all other requirements have been met, deem the application complete and issue a certificate of completeness and forward the application to the municipal agency for hearing.
(b)
An application for development shall be deemed to be properly submitted unless the Administrative Officer determined that it does not fulfill the criteria for a complete application pursuant to Article XVI, Variances, Exempt Development; Minor Subdivisions; Minor Site Plans; Preliminary plat of Major Subdivisions; Preliminary plat of Major Site Plans; and Final Plat of Major Site Plan; as defined in Article XI and the Administrative Officer has done the following:
[1]
Provided the applicant with a checklist indicating the criteria for a complete application; and
[2]
Notified the applicant in writing of the deficiencies of the submitted applications within 45 days of such application.
(4)
Engineering review. The Township Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning Board and/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes. Copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes, shall be submitted to the Administrative Officer for further review as required.
(5)
Conditioned approvals.
(a)
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth in Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from the other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditioned upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(b)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article XV.
(6)
Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies to the following standards and regulations:
(a)
The proposed use is consistent with the Master Plan.
(b)
The plat submission contains all of the information and data required by this chapter.
(c)
The details and improvement standards of this chapter.
(d)
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(e)
Adequate provision is made for safe and convenient pedestrian circulation.
(f)
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(g)
Adequate provision has been made for the collection and disposal of stormwater run-off, and the proposed drainage facilities have been approved by the Township Engineer.
(h)
Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, loading areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structure located on the site.
(i)
Adequate provision has been made for compliance with the performance standards of this chapter.
(j)
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
(k)
The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
(l)
The proposed development is compatible with environmental and/or historical characteristics and conditions of the site and nearby parcels of land.
E.
Informal Review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development, which the developer intends to prepare and submit an application for development. The developer shall submit any fees required in Article XV for such an informal review. The 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 review shall be limited to planning concepts, and no written reaction to the review shall normally be provided by the Board.
F.
Reproduction of final site plan and plats and issuance of development permit. Approvals of all applications for development shall not be valid until all the following have taken place:
(1)
The Administrative Officer and Township Engineer shall certify that all conditions of approval have been satisfied.
(2)
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary of the Planning Board or Board of Adjustment, Township Engineer as required herein.
(3)
The applicant shall provide six copies of the plat and attachments. After the signature, the Administrative Officer shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant. One copy shall be retained in the files of the Administrative Officer, two copies shall be retained in the files of the Township Engineer, one copy shall be retained in the files of the Construction Official and one copy to the applicant.
(4)
After signature and reproduction, the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
(5)
For all applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to preliminary plats becomes valid shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.
§ 108-3.7 Variances.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a variance for public hearing upon submission of the items in Subsection A(1) through (3):
(1)
15 copies of completed application and checklist.
(2)
Required application fees as set forth in Article XV.
(3)
15 copies of a plan drawn to scale showing the location and dimensions of the property and any structures, including buildings, pools, fences and parking areas and indicating any proposed changes.
B.
Conditions of approval. Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:
(1)
Payment of any outstanding real estate taxes and property improvement assessments.
(2)
Publication of a notice of the decision by the Planning Board Secretary or Board of Adjustment Secretary within the time established.
(3)
Such other conditions which may be imposed by the municipal agency or which may be required by Federal, State or local law.
(4)
A condition setting forth the time within which all conditions must be satisfied.
§ 108-3.8 Waivers.
A.
Upon receipt by the Administrative Officer, the municipal agency or its designee may, upon specific written request of an applicant, consider and approve or deny requests for waiver of submission requirements or for any of the specific plat detail requirements set forth in this article. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for the request for waiver. An application which meets all submission and detail requirements will be considered complete. If a request for a waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications and all time limits will recommence as for new applications.
