Pemberton Township City Zoning Code
ARTICLE VII
Planning Board and Zoning Board of Adjustment
[Amended 1-31-1977 by Ord. No. 1-1977]
§ 190-57 Planning Board.
A.
Establishment of Planning Board.
(1)
A Planning Board is hereby established consisting of nine members of the following four classes:
(a)
Class I: the Mayor.
(b)
Class II: one of the officials of the Township, other than a member of the Township Council, to be appointed by the Mayor; provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member or alternate 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.
[Amended 5-2-1980 by Ord. No. 12-1980]
(c)
Class III: a member of the Township Council, to be appointed by it.
(d)
Class IV: six other citizens of the municipality, 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 and one may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
[Amended 5-2-1980 by Ord. No. 12-1980]
(e)
Alternate members.
[Added 5-2-1980 by Ord. No. 12-1980]
[1]
The Mayor may appoint up to two alternate members, meeting the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
[2]
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
[3]
Alternate members may participate in 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.
(2)
The term of the member composing Class I shall correspond with his official tenure. The term of the member composing Class II shall be for one year or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(3)
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 comes first.
(4)
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 evenly distributed 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 member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment is made.
[Amended 3-16-2022 by Ord. No. 8-2022]
(5)
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
(6)
The Planning Board shall elect a Chairman and a 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.
B.
Powers and jurisdiction of Planning Board.
(1)
The Planning Board shall have the power to:
(a)
Make and 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 essential relation to the planning of the Township.
(b)
Administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Township in accordance with the provisions of said ordinances.
[1]
Editor's Note: See Ch. 159, Subdivision of Land, and § 190-45 of this chapter.
(c)
Participate in the preparation and review of programs or plans required by state or federal law or regulations.
(d)
Assemble data on a continuing basis as part of a continuous planning process.
(e)
Annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
(f)
Consider and make reports to the Township Council within 35 days after referral as to any proposed development regulation submitted to it, and also pass upon other matters specifically referred to the Planning Board by the Township Council.
[Amended 3-16-2022 by Ord. No. 8-2022]
(2)
The Planning Board shall have such other powers as prescribed by law, including but not limited to the power to grant the following variances, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plats, site plans or conditional uses:
(a)
Variances, pursuant to § 190-58B(3), from lot area, lot dimensions, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.
[Amended 5-2-1980 by Ord. No. 12-1980]
(b)
Direction, pursuant to § 190-58B(5), for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area.
(c)
Direction, pursuant to § 190-58B(6), for issuance of a permit for a building or structure on a lot not abutting a street.
(3)
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 development. The developer shall not be required to submit any fees 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.
[Added 5-2-1980 by Ord. No. 12-1980]
(4)
The Planning Board shall issue certificates of appropriateness pursuant to § 190-50L of this chapter.
[Added 8-6-1982 by Ord. No. 16-1982; amended 4-6-1989 by Ord. No. 11-1989]
§ 190-58 Zoning Board of Adjustment.
[Amended 5-2-1980 by Ord. No. 12-1980; 4-6-1989 by Ord. No. 11-1989; 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No. 12-2001; 3-16-2022 by Ord. No. 8-2022; 9-3-2025 by Ord. No. 19-2025]
A.
Establishment of Board of Adjustment.
(1)
A Zoning Board of Adjustment is hereby established consisting of seven members who shall be residents of this Township and who shall not hold any elective office or position under this Township, each to be appointed by the Township Council to serve for a term of four years each, except that upon adoption of this chapter, the members of the Board of Adjustment then holding office shall continue therein until their present terms expire, with each succeeding member serving for four years. Any vacancy on said Board shall be filled by appointment by the Mayor and confirmation by the Township Council to serve for the unexpired term.
(2)
Yearly, at the first regular meeting, the Board of Adjustment shall organize by selecting from among its members a Chairman and Vice Chairman. The Board shall also select a Secretary, who may or may not be a member of the Board of Adjustment.
(3)
A member may, after public hearing if he requests it, be removed by the governing body for cause.
(4)
Alternates.
(a)
The Township Council may appoint up to two alternate members to the Zoning Board. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no alternate member shall exceed two years. Thereafter, the term of each alternate member shall be two years. No member may hold any elective office or position under the municipality. No member of the Board of Adjustment 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 governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filed for the unexpired term only.
(b)
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
B.
Powers and jurisdiction of Board of Adjustment. 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 purpose of the zone plan and this chapter. The Board of Adjustment shall have the power to:
(1)
Error or refusal. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decisions or refusal made by an administrative officer based on or made in the enforcement of this chapter.
(2)
Exceptions or interpretations. Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which the Zoning Board is authorized to pass by any Zoning or Official Map Ordinance.
(3)
Variances in the Pinelands Area.
(a)
Any municipal variance approval which grants relief from the density or lot area requirements set forth in the Schedules of Area and Yard Requirements for the R-60, R-80, R-96, R-200, R-1, R-I, R-A or MH Districts, or for the Regional Growth Area portion of the R-3 District, shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
(b)
Any municipal variance or other approval for the development of a residential use in the TC, GC, HD or GI Districts shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
(c)
Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R-I or R-A Districts shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
(d)
Any municipal variance or other approval which grants relief from the density or lot area requirements set forth in the Schedule of Area and Yard Requirements for a residential or principal nonresidential use in the PV District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
(4)
Use of structure. In particular cases and for special reasons, grant a variance to allow a departure from regulations of this chapter, allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members.
(5)
Direct issuance of a construction permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map Ordinance of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by an affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change in the Official Map Ordinance and will not significantly add to the cost of opening any proposed streets. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.
(6)
Direct issuance of a construction permit for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map Ordinance of the municipality or which is an existing state, county or municipal street or highway or a street shown upon a plat approved by the Municipal Planning Board or a street on a plat duly filed in the office of the county recording officer. The Board may grant such relief only where the enforcement of the statutory requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of the health and safety and will protect any future street layout shown on the Official Map Ordinance or on the general circulation plan element of the Municipal Master Plan.
(7)
Zoning Board in lieu of Planning Board. Whenever the proposed development requires approval by the Zoning Board of Adjustment of a use variance pursuant to Subsection B(4), 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 pursuant to § 190-45 or conditional use approval pursuant to § 190-56 whenever the Board of Adjustment is reviewing applications for approval pursuant to Article VII.
C.
Actions by Board of Adjustment.
(1)
Appeals to Board of Adjustment.
(a)
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Construction Official of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b)
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Construction Official.
(2)
Time for decision.
(a)
The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Construction Official or after the date of the submission of a complete application for development to the Board of Adjustment.
(b)
Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
(c)
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that end have all the powers of the Construction Official from whom the appeal is taken.
(d)
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
(e)
Unless otherwise specified by the Zoning Board, a variance granted by the Zoning Board shall expire and become null and void two years from the grant by the Zoning Board, unless within said period the applicant obtains a construction permit or otherwise avails himself of said grant or approval. The Zoning Board, upon application and within said period, may extend said period for one year, but not to exceed three extensions.
(3)
Use variances involving subdivision and/or site plan and/or conditional use approval.
(a)
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, site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to Subsection B of this section (N.J.S.A. 40:55D-76). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No 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.
(b)
Whenever an application for development requests relief pursuant to this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise required by this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(c)
Applicants seeking simultaneous approvals under this section shall follow the procedures and details outlined under § 190-45 and, if applicable, the details required in the Land Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 159, Subdivision of Land.
(d)
Upon receiving the completed applications and site plan, the Secretary of the Board of Adjustment shall immediately forward a copy to the Secretary of the Planning Board. The Planning Board shall thereupon review the application. The Planning Board or its designated representative may make recommendations to the Board of Adjustment at the public hearing on the application. Such recommendations may contain, among other things, the Planning Board's opinion as to whether or not the proposed use will be compatible with the Master Plan and whether or not the proposed uses will adversely affect the overall zoning plan.
§ 190-59 Provisions applicable to both Planning Board and Zoning Board of Adjustment.
A.
Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
B.
Meetings.
(1)
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which 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.
(4)
All actions shall be taken by a majority vote of the members present at the meeting except as otherwise required by N.J.S.A. 40:55D-1 et seq.
[Amended 5-2-1980 by Ord. No. 12-1980]
(5)
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, Chapter 231, Laws of New Jersey 1975.[1] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning or Zoning Board and of the persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes.
(2)
A verbatim recording shall be made of every hearing on an application required under Subsection D. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The Planning Board, Zoning Board or Township Council shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party for a fee of $0.50 per page up to $50. The transcript shall be certified in writing by the transcriber to be accurate.
[Amended 5-2-1980 by Ord. No. 12-1980; 3-16-2022 by Ord. No. 8-2022]
(3)
Decisions.
[Amended 5-2-1980 by Ord. No. 12-1980]
(a)
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon.
(b)
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
(c)
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(d)
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development notwithstanding any prior action taken thereon.
(e)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by law.
D.
Hearings.
(1)
The Planning Board or Zoning Board, as the case may be, shall hold a hearing on each application for a request for site plan or subdivision approval, zoning variance, conditional use or direction for the issuance of a permit.
(2)
The Planning or Zoning Board shall make the rules governing such hearings. 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 Construction Official. 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 Chairman presiding at the hearing (or such person as he may designate) shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1.35 et seq.), shall apply.
(4)
The testimony of all witnesses relating to an application shall be taken under oath or affirmation by the Chairman, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(5)
The Pinelands Commission may participate in a hearing held by the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
[Added 8-6-1982 by Ord. No. 16-1982; amended 4-6-1989 by Ord. No. 11-1989]
(6)
Technical rules of evidence shall not be applicable to the hearing, but the Planning or Zoning Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(7)
A 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 absence from one or more of the meetings: provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
[Added 5-2-1980 by Ord. No. 12-1980]
E.
Public notice.
(1)
Application of requirements. Public notice of a hearing shall be given for the following:
(a)
A request for a variance (§ 190-57 or 190-58), conditional use approval (§ 190-56 or 190-58) or the direction for the issuance of a permit (§ 190-57 or 190-58).
[Amended 5-2-1980 by Ord. No. 12-1980]
(b)
Preliminary site plan approval involving one or more of the aforesaid elements.
(c)
Preliminary subdivision approval.
(d)
Each application to or matter to be heard by the Zoning Board of Adjustment shall meet the notice and service requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-12 et seq., and the hearing requirements of N.J.S.A. 40:55D-10.
[Added 2-16-1995 by Ord. No. 1-1995]
(2)
Responsibilities of the applicant.
(a)
The Secretary of the Planning Board or Zoning Board, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice pursuant to Subsection E(1) above shall be given as follows at least 10 days prior to the date of the hearing:
[1]
By publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
[2]
To the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it, or to the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the 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 the said current tax duplicate.
[Amended 5-30-1979 by Ord. No. 8-1979; 5-2-1980 by Ord. No. 12-1980]
[3]
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.
[Amended 5-2-1980 by Ord. No. 12-1980]
[4]
To the Clerk of any adjoining municipality or municipalities and to the County Planning Board when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
[5]
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official County Map or County Master Plan or adjoining other county land.
[6]
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
[7]
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
[8]
Within the Pinelands Area, to the Pinelands Commission in accordance with § 190-66.
[Added 8-6-1982 by Ord. No. 16-1982; 4-6-1989 by Ord. No. 11-1989]
(b)
Upon the written request of an applicant, the Township Clerk shall 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.
(3)
Contents of notice. The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
F.
Notice of decisions.
(1)
Any decision of the Planning Board or Zoning Board when acting on an application for subdivision or site plan approval, variance or conditional use requires notice. Notice shall be given in the following ways:
(a)
A copy of the decision shall be mailed to the applicant or his attorney within 10 days of the date of the decision without charge, and likewise a copy of the decision shall be mailed to all persons who have requested that a copy of the decision be sent to them.
(b)
A notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. The publication of such notice shall be arranged for by the Secretary of the Planning Board or Secretary of the Zoning Board, depending upon which agency makes the decision.
(c)
A copy of the decision shall also be filed with the Township Clerk.
(d)
Within the Pinelands Area, notice shall be given to the Pinelands Commission pursuant to § 190-66D.
[Added 8-6-1982 by Ord. No. 16-1982; amended 4-6-1989 by Ord. No. 11-1989]
(2)
The period of time in which an appeal to the Township Council or court of competent jurisdiction may be made shall run from the first publication.
[Amended 3-16-2022 by Ord. No. 8-2022]
G.
Requirements within the Pinelands Area. Within the Pinelands Area, in addition to the procedures set forth in this section, site plan applications, reviews and approvals shall adhere to the requirements of § 190-66.
[Added 8-6-1982 by Ord. No. 16-1982; amended 5-6-1983 by Ord. No. 7-1983]
§ 190-60 Appeals of use variance approvals to the Township Council.
A.
Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving an application for development pursuant to § 190-58B(4) (use or structure variance) of this chapter (N.J.S.A. 40:55D-70).
[Amended 3-16-2022 by Ord. No. 8-2022]
B.
Such appeal shall be made within 10 days of the publication of such final decision. The appeal to the Township shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Council only upon the record established before the Board of Adjustment.
[Amended 3-16-2022 by Ord. No. 8-2022]
C.
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant and to the Zoning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 190-59C.
[Amended 3-16-2022 by Ord. No. 8-2022]
D.
The appellant shall, within five days of service of the notice, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the Township Council and pay an initial deposit of $50 or the estimated cost of transcription, whichever is less, or, within 35 days, submit a transcript otherwise arranged to the Municipal Clerk; otherwise the appeal may be dismissed. The applicant shall be solely responsible for the cost of a transcript, the balance of which shall be payable to the Township within 10 days of receipt of the transcript. The Township Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below unless the applicant consents in writing to an extention of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
[Amended 5-2-1980 by Ord. No. 12-1980; 3-16-2022 by Ord. No. 8-2022; 4-19-2023 by Ord. No. 19-2023]
E.
The Township Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Zoning Board. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify and final action by either Board.
[Amended 3-16-2022 by Ord. No. 8-2022]
F.
An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Board certifies to the Township Council, after the notice of appeal shall have been filed with the Zoning Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application, upon notice to the Zoning Board and on good cause shown.
[Amended 3-16-2022 by Ord. No. 8-2022]
G.
The Township Council shall mail a copy of the decision to the appellant, or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Township Clerk; provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Township or the applicant.
[Amended 3-16-2022 by Ord. No. 8-2022]
H.
Within the Pinelands Area, the requirements of § 190-66 shall be supplemental hereto.
[Added 8-6-1982 by Ord. No. 16-1982]
