A.

Established. A Land Use Board is hereby re-established consisting of nine regular and two alternate members of the following four classes:

1.

Class I—The mayor or the mayor's designee in the absence of the mayor.

2.

Class II—One of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor.

3.

Class III—A member of the governing body to be appointed by it.

4.

Class IV—Regular Members. Six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position, or employment except that one such member may be a member of the Historic Preservation Commission. One Class IV member may be a member of the Board of Education. If there be an Environmental Commission, a member of the Environmental Commission who is also a member of the Land Use Board shall be a Class IV Land Use Board member, as required by N.J.S.A. 40:56A-1, unless there be among the Class IV or alternate members of the Land Use Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Land Use Board and Environmental Commission shall be deemed a Class II member of the Land Use Board. For the purpose of this section, membership on a municipal board or committee whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office.

5.

Class V—Alternate Members. Four other citizens of the Township to be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the governing body at the time of their appointment as "Alternate Number 1", "Alternate Number 2", "Alternate Number 3", and "Alternate Number 4".

6.

The Class I and Class III members of the Land Use Board shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of Public Law 1975, C. 291, (N.J.S.A. 40:55D-70).

7.

The adoption of this Ordinance shall not be construed to affect any standing member of the Land Use Board.

B.

Terms of Membership.

1.

The term of the member composing Class I shall correspond with his or her official tenure.

2.

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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of 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 Education shall terminate whenever he or she is no longer a member of such other body or at the completion or his or her Class IV term, whichever comes first.

4.

The term of each Class IV regular member shall be four years.

5.

The terms of the Class V alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year.

C.

Role of Alternate Members. 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 members shall vote in the order of their numerical designations.

D.

Vacancies. If a vacancy of any Class shall occur otherwise than by expiration of term, it shall be filled for the unexpired term, only.

E.

Compensation. Members of the Land Use Board shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

F.

Removal. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

G.

Conflict. No member or alternate member of the Land Use Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on the hearing of such matter, nor shall participate in any discussion or decision.

H.

Reorganization. Yearly, the Land Use Board shall organize by selecting from among its Class IV regular members a chairman and a vice chairman. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee.

I.

Funding. The governing body shall make provisions in its budget and appropriate funds for the expenses of the Land Use Board.

J.

Board Attorney. The position of Land Use Board Attorney is hereby created. The Land Use Board may annually appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the municipal attorney. The adoption of this Ordinance shall not be construed to affect any existing appointment.

K.

Staff. The Land Use Board may also employ or contract for and fix compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amounts appropriated by the Township Committee for its use.

(Ord. 01-2007 §§ 1 (part), 2—11, 2007; Ord. 11-2000 (part), 2000)

The Land Use Board shall have the powers listed below as well as any other powers established by law:

A.

Make, adopt, and from time to time, amend a master plan for the physical development of the municipality, including any areas outside its boundaries which, in the board's judgment, bear essential relation to the planning of the municipality;

B.

Participate in the preparation and review of programs or plans required by state or federal law or regulation;

C.

Assemble data on a continuing basis as part of a continuous planning process;

D.

Annually, prepare a program of municipal capital improvements projects projected over a term of 6 years and amendments thereto and recommend same to the Township Committee;

E.

Consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Land Use Board by the Township Committee;

F.

Prepare, at least every 6 years, a periodic reexamination of the Master Plan;

G.

The Land Use 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 are granted to a Zoning Board of Adjustment pursuant to New Jersey's Municipal Land Use Law, N.J.S.A. 40:55D, et seq., when the Land Use Board is reviewing applications for approval of subdivision plans, site plans or conditional uses:

1.

Appeals, Interpretations and Variances pursuant to N.J.S.A. 40:55D-70(a)(b)(c)(d);

2.

Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area; and

3.

Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure on a lot not abutting a street.

H.

Exercise, to the same extent and subject to the same restrictions, all the powers of a Zoning Board of Adjustment.

I.

Application Review Committee.

1.

The Chairman of the Land Use Board may appoint an Application Review Committee (ARC) which shall be advisory in nature.

a.

The Administrative Officer shall make a determination of completeness of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3, at the recommendation of the ARC.

b.

The ARC shall advise and assist the Land Use Board in reviewing site plans, subdivision applications and variance applications as to the following:

(1)

The sketch plan/subdivision classification.

(2)

Proposed meeting dates for processing each application.

(3)

The appropriateness of simultaneous review of the preliminary and final subdivision and site plan.

(4)

Potential ordinance violations, necessary variances and specific site plan and subdivision considerations.

(5)

The technical aspect of the proposed plan, including but not limited to parking and circulation, lighting, signs, landscaping, drainage, building location and design.

c.

An applicant for development shall have the option of appearing before the ARC in order to hear comments regarding the application or to discuss the technical aspects of the application. The applicant may elect, if it so chooses, to bring its professional consultants to the ARC meeting at which its application is agendized for discussion. The ARC, in its exclusive discretion, may allot specific time allocations to the discussion of any application.

d.

Minutes of the ARC meeting shall be prepared by the Land Use Board Secretary and distributed to all members of the Land Use Board. The report shall not be binding upon the Land Use Board or the applicant, nor shall the applicant be relieved of any requirements or regulations which have not been addressed in the report.

e.

The ARC may promulgate such rules and regulations as it may deem necessary for proper internal administration. A copy of such rules and regulations, when adopted, shall be kept on file with the Township Clerk.

f.

The ARC shall have final authority to the determination of completeness of an application.

g.

All professional fees for ARC members shall be paid from the applicant's escrow account which shall be established prior to an application being placed on an agenda for discussion.

h.

Applications for development—any application for development which would have previously been submitted to the Zoning Board of Adjustment and which is made after the effective date of this Ordinance shall be submitted to the Land Use Board pursuant to N.J.S.A. 40:55D-25. The power of the Land Use Board with respect to any such application shall be in accordance with N.J.S.A. 40:55D-60 et seq., as amended, and with the provisions of the DRO of the Township of Tewksbury.

(Ord. 01-2007 §§ 1 (part), 12—15, 2007; Ord. 11-2000 (part), 2000)

A.

As additionally set forth in Article IV, Section 401H, the Land Use Board, which was formerly designated the Planning Board of the Township of Tewksbury, shall exercise, to the same extent and subject to the same restrictions, all the powers of the former Zoning Board of Adjustment.

(Ord. 01-2007 § 16, 2007)

The Land Use Board shall have the power 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 the Administrative Officer based on or made in enforcement of this Ordinance.

B.

Hear and decide requests for interpretation of the Zoning Map or Land Development Ordinance or for decisions upon other special questions upon which the Land Use Board is authorized to pass on any Zoning Ordinance.

C.

Grant a variance from the strict application of a regulation, upon an application or an appeal, so as to relieve difficulties or hardships:

1.

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property; or

2.

Where in an application or appeal relating to a specific piece of property the purposes of this Ordinance set forth in Section 200 would be advanced by deviation from these Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in Section 403D shall be granted under this section; and provided, further, that the proposed development does not require approval by the Land Use Board of a subdivision, site plan, or conditional use in conjunction with which the Land Use Board has power to review a request for a variance pursuant to Section 401.

D.

Grant a variance to allow a deviation from the requirements of this ordinance, in particular cases and for special reasons to permit:

1.

A use or principal structure in a district restricted against such use or principal structure;

2.

An expansion of a nonconforming use;

3.

Deviation from a specification or standard pertaining solely to a conditional use;

4.

An increase in the permitted floor area ratio;

5.

An increase in the permitted density 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; or

6.

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

A variance under this subsection D shall be granted only by the affirmative vote of at least five members.

E.

Report on Variances. The Land Use Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on the provisions of this Ordinance which were the subject of variance requests and its recommendations for Land Development Ordinance amendment or revision, if any. The Land Use Board shall send copies of the report and resolution to the Township Committee.

F.

The Land Use Board shall also have all of the other powers described in N.J.S.A. 40:55 D-76.

(Ord. 01-2007 §§ 1 (part), 17—21, 2007; Ord. 11-2000 (part), 2000)

A.

Established. A Historic Preservation Commission (HPC) is hereby re-established consisting of five regular members and two alternate members, each of whom shall be appointed by the mayor, of the following three classes:

1.

Class A—Persons who are knowledgeable in building design and construction or in architectural history and who may reside either within or outside Tewksbury Township.

2.

Class B—Persons who are knowledgeable or have a demonstrated interest in local history and who may reside either within or outside Tewksbury Township.

3.

Class C—Persons who are residents of the municipality, who are not designated as Class A or B, and who hold no other municipal office, position or employment except for membership on the Land Use Board or Zoning Board of Adjustment.

4.

There shall be at least one regular member from each class.

5.

Alternate members shall meet the qualifications of Class C members and shall be designated "Alternate No. 1" and "Alternate No. 2" at the time of appointment.

6.

The adoption of this Ordinance shall not be construed to affect any standing member of the Historic Preservation Commission.

B.

Terms of Membership.

1.

The term of each regular member shall be four years and the term of each alternate member shall be two years.

2.

Alternate Members. Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."

3.

The term of any member in common with the Land Use Board or Zoning Board of Adjustment shall be for the term of membership on such Board.

C.

Role of Alternate Members. 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.

D.

Vacancies. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term, only.

E.

Compensation. Members of the HPC shall serve without compensation except that reimbursement of reasonable expenses in the execution of official duties may be made by the municipality.

F.

Removal. Any member may be removed by the governing body for cause but only after public hearing and other due process proceedings.

G.

Conflict. No member or alternate member of the HPC shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Commission on the hearing of such matter, nor shall participate in any discussion or decision.

H.

Organization. The HPC shall elect from its members a chairman and vice-chairman and select a secretary who may or may not be a member of the HPC or a municipal employee.

I.

Funding. The governing body shall make provisions in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

J.

Rules and Procedures. The HPC shall adopt and may amend internal rules and procedures for the transaction of its business subject to the following:

1.

A quorum for any action by the HPC shall be 3 members.

2.

All HPC minutes and records shall be public records.

3.

All HPC meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:47 et seq.).

4.

HPC meetings shall be scheduled at least once every month or as often as required to fulfill its obligations to advise the Land Use Board, Zoning Board of Adjustment, governing body, or construction official.

K.

Role of the HPC. The Land Use Board is empowered to oversee the system of preservation regulations to complement existing land use regulation and shall review and grant final approval for the HPC's designation of buildings, structures, sites, objects and districts having historic significance. Based on the advice and recommendation of the HPC, the Land Use Board shall make the final determination on the approval of development applications. For review of building permit applications, the HPC shall submit reports to the construction official.

L.

Guidelines. The HPC shall recommend to the Land Use Board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within historic districts. The Land Use Board may recommend modifications of the guidelines.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

The Historic Preservation Commission shall have the following duties and responsibilities:

A.

To prepare a survey or surveys of historic sites and districts pursuant to criteria established in such survey;

B.

To make recommendations to the Land Use Board on the Historic Preservation Element of the Master Plan and on the implications of any other Element on the preservation of historic sites and districts;

C.

To advise the Land Use Board on the inclusion of historic sites in the recommended capital improvement program;

D.

To advise the Land Use Board and Zoning Board of Adjustment on applications for development;

E.

Provide written reports on the application of the zoning provisions of this Ordinance or other land development regulations on historic sites and districts;

F.

Provide technical assistance upon request to property owners on the preservation, restoration, and rehabilitation of historic structures;

G.

To carry out such other advisory, educational, and informational functions as will promote historic preservation in the municipality.

H.

Based on the survey and on any recommendations of other Township bodies and concerned citizens, the Commission may make a list of landmarks tentatively recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance, a description of the landmark's location and boundaries, and a map location. The Commission shall, by mail:

1.

Notify each property owner as shown by the Township tax records that such owner's property has been tentatively recommended as a historic landmark and the reasons therefor.

2.

Advise each property owner of the significance and consequences of such tentative designation, and of their opportunity to comment to the Commission regarding such tentative recommendation.

The Commission shall, as soon as practicable and consistent with the funds provided it, make public a complete list and map of the tentatively recommended landmarks and districts, specifying the location, boundaries, and proper names thereof, and in each case the reason for such recommended designation. In formulating its recommendations for any landmark or historic district, the Commission may exempt any improvement or any portion of any tax map lot, the demolition, alteration, or improving of which would not, when considered forth in this purposes and criteria for designations set forth in Appendix A of this Ordinance, materially affect the landmark or district. Such exemption shall only be for what the Commission determines to be good cause and upon affirmative vote of at least ⅔ of the full authorized membership of the Commission. The tentative list and map shall thereafter be submitted at a public hearing by the Commission to the examination and criticism of the public. Interested persons shall be entitled to this public hearing. A list and map showing all proposed recommended historic districts and landmarks shall be published, together with notice of the hearing on same, in the official newspaper of the Township not less than 10 days before such hearing.

After full consideration of the comments brought forth at this hearing, the Commission shall make its final decisions on the recommended designations and shall issue its final report to the public, stating reasons in support of its actions with respect to each recommended landmark and historic district designation.

The list and map shall thereafter be submitted to the Land Use Board for consideration with respect to the master plan and to the Township Committee for its consideration with respect to the zoning regulations of the Township.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

A.

Availability of Applications. The Land Use Board and Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of every application submitted to either board for development in the Historic/Architectural Districts or on historic sites designated on the zoning or official map or in any component element of the master plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the hearing on the application and to explain any written report which may have been submitted.

B.

Reports on Permit Applications. All applications for issuance of permits pertaining to Landmarks, as defined in Article III of the Development Regulations Ordinance, as amended from time to time, shall be referred to the Historic Preservation Commission for a written report on the application of the zoning ordinance provisions concerning Landmarks to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the "Municipal Land Use Law", P.I. 1975 C.291 (C40:55D-1 et seq.). The Historic Preservation Commission shall submit its report to the Township Construction Official with informational copies to the Township Clerk, Zoning Officer and the Land Use Board, said report to be submitted within 45 days of the referral of the application to the Historic Preservation Commission. If within the 45-day period the Historic Preservation Commission recommends to the Township Construction Official against the issuance of a permit or recommends conditions to the permit to be issued, the Township Construction Official shall deny issuance of the permit or included the conditions in the permit, as the case may be. Failure to report within the 45-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.

C.

Review when Application Not Required. In the event that the Township Construction Official or Zoning Officer determines that a building permit, zoning permit and/or application for development affecting a Landmark is not needed, then the property owner and/or tenant of the Landmark shall make application directly to the Historic Preservation Commission for a certificate of appropriateness. The Historic Preservation Commission shall submit its written decision to issue a certificate of appropriateness or deny the application to the property owner and/or tenant, with informational copies to the Township Clerk, Township Construction Official, Zoning Officer and the Land Use Board, said written decision to be issued within 45 days of the application. The property owner and/or tenant shall not proceed with the proposed construction, modification or alteration of the Landmark until a certificate of appropriateness is obtained. Failure to issue a decision within the 45-day period shall be deemed to constitute a decision to issue a certificate of appropriateness without conditions.

D.

Emergency Procedure. In the event an Act of God or any other unexpected event shall cause a property owner to request the immediate issuance of a building permit, or other permit, to commence construction of repairs necessitated by such event, and the Construction Official certifies the immediate necessity for such permit issuance, then upon notice to the Historic Review Commission by telephone, personal contact or other appropriate means of communication, at least three (3) members of the full Commission shall convene as soon as possible and such convening members shall proceed to review the application, a permit may be issued by the Construction Official.

E.

Appeals. Any denial of an application for a certificate of appropriateness or any conditions imposed on a certificate of appropriateness by the Historic Preservation Commission may be appealed to the Township Land Use Board.

(Ord. 02-2022 § 1, 2022; Ord. 07-2021 § 1, 2021; Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

A.

Land Use Board. The following provisions set forth the jurisdiction of the Land Use Board in the review of development applications:

1.

The Land Use Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

2.

Review by Land Use Board. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, the Land Use Board, to the same extent and subject to the same restrictions as set forth in New Jersey Municipal Land Use Law relating to Zoning Boards of Adjustment, shall receive, review, and act upon applications for variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, 34, 36 and 70(c) and (d).

3.

Bifurcation of Application. A developer may elect to submit a separate application requesting approval of variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, 34, 36 and 70c and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate approval of any variance or issuance of permit shall be conditioned upon the grant of all required subsequent approvals by the Land Use Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance, or where a deviation would advance the purposes of the master plan and the land development ordinance and the benefits of the deviation would outweigh the detriments. Whenever relief is requested pursuant to this subsection, the public notice shall include a reference to the request for a variance or direction for issuance of a permit, as the case may be.

4.

Grant variances pursuant to N.J.S.A. 40:55D-70c.

5.

Direct issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-34.

6.

Direct issuance of a permit for a building or structure not related to a street pursuant to N.J.S.A. 40:55D-36.

7.

The Land Use Board shall have the power to grant site plan, subdivision or conditional use approval when reviewing an application for approval of a "use variance" pursuant to N.J.S.A. 40:55D-70 (d).

(Ord. 01-2007 §§ 1 (part), 22, 23, 2007; Ord. 11-2000 (part), 2000)

A.

Meetings.

1.

Meetings of both the Land Use Board and Zoning Board of Adjustment shall be scheduled at least 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 scheduled 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 the Open Public Meetings Act.

3.

Actions at Meetings; Quorum. All agenda items requiring action by the Board, except adjournments, shall be taken with a quorum present.

4.

All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this Article. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-70d shall be deemed an action denying the application. A member of the Board who was absent for one (1) 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 (1) or more of the meetings: provided, however, that such a Board member has available to him or her the transcript or recording of all the hearings from which he or she was absent, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.

5.

All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular meeting within the meaning of this Ordinance.

B.

Records of the Board.

1.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Land Use Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Land Use Board or Zoning Board of Adjustment, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in Article IX of this Ordinance.

2.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15 as indicated in Article IX of this Ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

A.

The Land Use Board or Zoning Board of Adjustment, as the case may be, shall hold a public hearing on each application for development, except for application where no public hearing is required. Each Board shall make the rules governing such hearings. Public hearings shall be scheduled by the Board involved or its designee.

B.

Any maps and documents for which approval is sought at a hearing shall be on file in the office of the Administrative Officer and available for public inspection during normal business hours at least 10 days before the date of the hearing. If maps or related material are to be revised as a result of any approving authority, the applicant shall file copies of all revised maps and related material as required in Section 500, with revision date noted on same, at least 10 days prior to the meeting of the approving authority at which discussion and/or hearing is scheduled to take place.

C.

The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

D.

The public hearing shall be held in accordance with N.J.S.A. 40:55D-10. The officer presiding at the hearing, or his or her designee, 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," N.J.S.A. 2A:67A-1 et seq. shall apply.

E.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

F.

Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

G.

If the approving authority requires, or the applicant proposes, any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

A.

The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

1.

A resolution adopted at a meeting held within the time period provided in this section for action by the municipal agency on the application for development; or

2.

A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the Land Use Board or Zoning Board of Adjustment who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by Section 414.

(Ord. 01-2007 § 1 (part), 2007; Ord. 05-2003 § 1, 2003; Ord. 11-2000 (part), 2000)

The following public notice requirements shall apply to all hearings of the Land Use Board and Zoning Board of Adjustment (except for notice regarding a minor subdivision or site plan application, where required pursuant to Section 507C shall apply).

A.

Public notice of a hearing shall be given by the applicant for the following applications for development:

1.

Any request for a variance;

2.

Any request for conditional use approval;

3.

Any request for the issuance of a permit to build within the bed of a mapped street or public drainage way or on a lot not abutting a street;

4.

Any request for general development plan approval;

5.

Any request for preliminary subdivision approval;

6.

Any request for interpretation of this Ordinance or Zoning Map;

7.

Any request for preliminary site plan; and

8.

Any request for site plan approval involving subsections A.1 through A.3 of this section.

9.

Appeals pursuant to N.J.S.A. 40:55D-70a or b.

B.

Public notice shall not be required for the following applications.

1.

Concept or informal plan review.

2.

Final subdivision plan.

3.

Final site plan.

4.

Any other type of application or action by the Board not specifically enumerated in Article V.

C.

The secretary of the Land Use Board or Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing for the subject application. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:

1.

By publication in the official newspaper of the Township.

2.

To all owners of real property as shown on the current tax duplicate located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to a condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given in one of the following two ways:

a.

By serving a copy on the property owner, as shown on the current tax duplicate, or his or her agent in charge of the property. Any applicant providing notice of a public hearing via personal service on the property owner or his/her/its agent shall obtain a signature from the affected property owner or his/her/its agent acknowledging receipt of service; or

b.

By mailing a copy thereof by certified mail to the property owner at his or her address as shown on the current tax duplicate. It does not require that a return receipt be attained. Notice shall be deemed complete upon mailing.

3.

Notice to a partnership owner may be made by service on any partner; notice to a corporate owner may be made by service upon its President, Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Any applicant serving notice of a public hearing upon a partnership owner or a corporate owner shall obtain a signature from the duly authorized representative of the partnership owner or the corporate owner acknowledging receipt of service. 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.

To the clerk of any adjoining municipality or municipalities 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 Hunterdon County Land Use Board by personal service or certified mail when the application for development involves property adjacent to an existing county road or proposed road shown on the county official map or the county master plan or adjoins other county land, or is situated within 200 feet of a municipal boundary.

6.

To the Commissioner of Transportation of the State of New Jersey by personal service or certified mail when the property abuts a State highway.

7.

To the State Planning Commission, by personal service or certified mail 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 Administrative Officer.

D.

Property List. Under the written request of an applicant, the Zoning Officer shall, within 7 days, make and certify a list from current tax duplicates of names and addresses of owners within the municipality to whom the applicant shall be charged in accordance with Section 900 of this Ordinance and 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.

E.

Proof of Service. The applicant shall file an affidavit or proof of service with the approving authority at least 3 days prior to the opening of the public hearing.

F.

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 municipal tax assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.

G.

In case of a discrepancy between the foregoing provisions of this Section 410 and the requirements of the Municipal Land Use Law, the requirements of the Municipal Land Use Law shall apply.

(Ord. 01-2007 § 1 (part), 2007; Ord. 05-2003 § 2, 2003; Ord. 11-2000 (part), 2000)

(Ord. No. 10-2010, §§ 1, 2, 12-14-2010)

A.

No variance or other relief may be granted under the terms of this Article 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 Ordinance.

B.

Any variance from the terms of this Article hereafter granted by the Land Use Board or Zoning Board of Adjustment, as the case may be, permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall if no other period of duration is established by the Board granting the variance, expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the approving authority; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing and appeal from the decision of the approving authority to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)

A.

Appeals to the Land Use Board may be taken by an interested party affected by any decision of the Administrative Officer of the municipality based on or made in the enforcement of the zoning provisions of this Ordinance or a duly adopted official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, specifying the grounds of such appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

B.

A developer may file an application for development with the Land Use Board for action under any of its powers without prior application to the Administrative Officer.

(Ord. 01-2007 §§ 24—26, 2007: Ord. 11-2000 (part), 2000)

Any decision of the Land Use Board or Zoning Board of Adjustment when acting upon an application for development shall be given notice in the following manner:

A.

Mailing of Decision. A copy of the decision shall be mailed to the applicant and to the appellant, if the appellant is a differing interested party, or, if either or both is represented, then to the respective attorney(s) without charge, and for a reasonable charge to any other interested person who has requested it, not later than 10 days after the date of the decision.

B.

Newspaper Notice of Decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publications shall be arranged by the Board Secretary without separate charge to the applicant or to the appellant, if the appellant is a differing interested party. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

C.

Filing of Decision. A copy of the decision and all submitted documents of record shall be filed with the Administrative Officer.

(Ord. 01-2007 § 1 (part), 2007; Ord. 11-2000 (part), 2000)