A.
Establishment. A Planning Board is hereby established,
pursuant to the provisions of the New Jersey Municipal Land Use Law,
N.J.S.A. 40:55D-23 et seq.
B.
Membership. The Planning Board shall consist of nine
members. For convenience in designating the manner of appointment,
the membership shall consist of and be divided into the following
four classes:
(1)
Class I - The Mayor.
(2)
Class II - One of the officials of Haddon Township,
other than a member of the governing body, to be appointed by the
Mayor. A member of the Environmental Commission, who is also a member
of the Planning Board, as required by N.J.S.A. 40:56A-1 et seq., shall
be deemed to be the Class II Planning Board member, if there is both
a member of the Zoning Board of Adjustment and a member of the Board
of Education among the Class IV members.
(3)
Class III - A member of the Township Commissioners,
as appointed by the Commissioners.
(4)
Class IV - Six other citizens of Haddon Township,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment or Historic Preservation Commission
and one member may be a member of the Board of Education. A member
of the Environmental Commission, who is also a member of the Planning
Board, shall be a Class IV Planning Board member, unless there be
among the Class IV members of the Planning Board both a member of
the Zoning Board of Adjustment and a member of the Board of Education;
in which case a member of the Environmental Commission shall be deemed
to be the Class II member of the Planning Board.
C.
Terms of office.
(1)
The terms of the member comprising Class I shall correspond
with his official tenure. Terms of the members comprising Class II
and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
by Class II member, who is also a member of the Environmental Commission.
The term of a Class II or a Class IV commission shall be for three
years, or terminate at the completion of his term of office as a member
of the Environmental Commission, whichever occurs first.
(2)
The term of a Class IV member, who is also a member
of the Board of Adjustment or the Board of Education, shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
under this act shall be so determined that, to the greatest practicable
extent, the expiration of such terms shall be distributed evenly over
the first four years after their appointment; provided that the initial
Class IV term of no member shall exceed 4 years. Thereafter, the Class
IV term of each such member shall be four years.
(4)
If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment,
as provided above for unexpired term.
(5)
Any member of the Planning or Zoning Board absent
from four meetings consecutively with an unexcused absence will be
removed as a Board member.
D.
Conflicts. No member or alternate member of the Planning
Board shall be permitted to act on any matter in which he has either
directly or indirectly any personal or financial interest. Any member
or alternate member other than a Class I member, after a public hearing
if he requests one, may be removed by the Township Commissioners for
cause.
E.
Absent members. When any hearing before the Planning
Board shall carry over to two or more meetings, a member of the Planning
Board who is absent for one or more meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him a transcript or recording of
the meeting from which he was absent and certifies, in writing, to
the Board that he/she has read such transcript or listened to such
recording.
F.
Alternate members.
(1)
Not more than two alternate members may be appointed
by the Mayor and shall meet the qualification of Class IV members
of the Board. Alternate members shall be designated at the time of
appointment as Alternate No. 1 and Alternate No. 2. The terms of the
alternate members shall be for two years, except that the terms of
the alternate members shall be such that the term of not more than
one alternate shall expire in any one year, provided that in no instance
shall the terms of the alternate members first appointed exceed two
years. A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
(2)
Alternate members may participate in discussion of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
G.
Substitute members when conflicts exist. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection D (above) from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
H.
Organization. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and shall select a
Secretary, who may or may not be a member of the Planning Board or
a municipal employee. It may select, employ and contract for the services
of legal counsel other than the municipal attorney, a planning consultant,
a civil engineer and other staff and services, as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
I.
Powers and duties.
(1)
The Planning Board is authorized to adopt bylaws and
rules governing its procedural operation. The Planning Board shall
follow the provisions of the Municipal Land Use Law and shall accordingly
exercise its power in regard to:
(a)
The Master Plan in accordance with the provisions
of N.J.S.A. 40:55D-28.
(b)
Subdivision control and site plan review pursuant
to N.J.S.A. 40:55D-37.
(c)
The Official Map of the municipality pursuant
to N.J.S.A. 40:55D-32.
(d)
The zoning ordinance, including conditional
uses pursuant to N.J.S.A. 40:55D-62.
(e)
The capital improvement program pursuant to
N.J.S.A. 40:55D-29.
(f)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to N.J.S.A. 40:55D-60.
(2)
The Planning Board may also:
(a)
Participate in the preparation and review of
programs or plans required by state or federal law or regulation.
(b)
Assemble data on a continuous basis as part
of a continuous planning process.
(c)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
J.
Citizens Advisory Committee. The Mayor may appoint
one or more members of a Citizens Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power to vote or take other action required
of the Board. Such person or persons shall serve at the pleasure of
the Mayor.
K.
Environmental Commission. The Planning Board or the
Board of Adjustment shall make available to the Environmental Commission,
if there is one so established, an informational copy of every application
for development submitted to either Board. Failure of the Planning
Board or Zoning Board of Adjustment to make such an informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[1]
Editor's Note: The Planning Board and the Zoning Board of
Adjustment were consolidated 10-28-2003 by Ord. No. 1098.
A.
Establishment. The Zoning Board of Adjustment, also
known as the Board of Adjustment, is hereby established, pursuant
to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-69 et seq.
B.
Membership. The Zoning Board of Adjustment shall consist
of seven members, all of whom shall be residents of Haddon Township
and shall be appointed by the Township Commissioners. The term of
each member shall be four years, and no member may hold any elective
office or position with Haddon Township. Any vacancy occurring otherwise
than by expiration of term shall be filled for the unexpired term
only.
C.
Alternate members.
(1)
Not more than two alternate members shall be appointed
by the Township Commissioners. The term of each alternate member shall
be two years.
(2)
Alternate members shall be designated at the time
of appointment as Alternate No. 1 and Alternate No. 2. Alternate members
may participate in discussion of proceedings, but may not vote, except
in the absence or disqualification of a regular member. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
D.
Conflicts. No member or alternate member may hold
any elective office or position in Haddon Township. No member or alternate
member shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. A member
may, after public hearing, if he requests it, be removed by the Township
Commissioners for cause. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
E.
Organization. The Zoning Board of Adjustment shall
elect a Chairman and Vice Chairman from its members and select a Secretary,
who may or may not be a member of the Zoning Board of Adjustment or
a municipal employee. It may select, employ and contract for the services
of legal counsel other than the Township Solicitor, a planning consultant,
a civil engineer, and other staff and services, as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Commissioners for its use.
F.
Powers and duties. The Zoning Board of Adjustment
shall follow the provisions of this chapter and the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-70 et seq. to:
(1)
Hear and decide appeals where it is alleged by the
applicant that there is error in any order, requirement, decision
or refusal made by an administrative officer based on or made in enforcement
of the zoning article of this chapter.
(2)
Hear and decide in accordance with the provisions
of this chapter requests for interpretation of the Zoning Map or zoning
article of this chapter or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning article
of this chapter.
(3)
Variances.
(a)
Where: (1) by reason of exceptional narrowness,
shallowness or shape of specific piece of property, or (2) by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property, or (3) by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any regulation pursuant to the zoning article of this chapter would
result in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the developer of such property grant, upon
an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to the zoning article of this chapter; provided, however, that no variance from those departures enumerated in Subsection F(4)(d) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance, pursuant to N.J.S.A. 40:55D-60.
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations, pursuant to the zoning
article of this chapter to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard,
pursuant to N.J.S.A. 40:55D-67, pertaining solely to a conditional
use.
(d)
An increase in the permitted floor area ratio, as defined in Article I of the Municipal Land Use Law.
(e)
An increase in the permitted density, as defined in Article I of the Municipal Land Use Law, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
(f)
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
(g)
A variance under this subsection shall be granted
only by affirmative vote of at least five members.
(6)
No variance or other relief may be granted under the
terms of this section unless such variance or other relief can be
granted without substantial detriment to the public good and will
not substantially impair the intent and the purpose of the zone plan
and zoning ordinance. In respect to any airport hazard areas delineated
under the "Air Safety and Hazardous Zoning Act of 1983," P.L. 1983,
C. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may
be granted under the terms of this section permitting the creation
or establishment of a nonconforming use, which would be prohibited
under the standards promulgated pursuant to that act, except upon
issuance of a permit by the Commissioner of Transportation pursuant
to that act. An application under this section may be referred to
any appropriate person or agency for its report, provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
G.
Other powers.
(1)
The Zoning Board of Adjustment, when hearing appeals
and reviewing applications, shall have the power, pursuant to the
New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-76, to:
(a)
Direct the issuance of a permit, pursuant to
N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped
street or public drainageway, a flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32.
(b)
Direct the issuance of a permit, pursuant to
N.J.S.A. 40:55D-36, for a building or structure not related to a street.
(2)
The Zoning Board of Adjustment shall have the power
to grant to the same extent and subject to the same restrictions as
the Planning Board, subdivision, site plan approval or conditional
use approval whenever the Board of Adjustment is reviewing an application
for approval of a variance, pursuant to N.J.S.A. 40:55D-70d.
(3)
The developer may elect to submit a separate application
requesting the approval of a variance and a subsequent application
for any required approval of a subdivision, site plan or conditional
use. A separate approval of the variance shall be conditioned upon
granting of all required subsequent approvals by the Board of Adjustment.
No such subsequent approval shall be granted unless such approval
can be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the zone
plan and zoning article of this chapter. The number of votes of Board
members required to grant any such subsequent approval shall be as
otherwise provided in this chapter for the approval in question, any
special 2/3 vote of the full authorized membership required for use
variance shall not be required.
H.
Expiration of variance. Any variance from the terms
of this chapter granted by the Planning Board or Zoning Board of Adjustment
permitting the erection or alteration of any structure or structures
or permitting a specified use of any premises shall expire by limitation,
unless such construction or alteration shall have been actually commenced
or unless such permitted use have actually been commenced within one
year from the date of approval of the variance. In addition, application
may be made to the Zoning Board of Adjustment for two six-month time
extensions. However, the running of this period of limitation shall
be tolled from the date of filing of an appeal from the decision of
the Board of Adjustment to a court of competent jurisdiction until
the determination of such appeal or proceeding.
I.
Absent members. When any hearing before the Zoning
Board of Adjustment shall carry over two or more meetings, a member
of the Zoning Board of Adjustment, who is absent for one or more meetings,
shall be eligible to vote on the matter upon which the hearing was
conducted; provided, however, that such Board member has available
to him a transcript or recording of the meeting from which he was
absent and certifies, in writing, to the Board that he has read such
transcript or listened to such recording.
[1]
Editor's Note: The Planning Board and the Zoning Board of
Adjustment were consolidated 10-28-2003 by Ord. No. 1098.
A.
Rules and regulations. The Planning Board and the
Zoning Board of Adjustment shall adopt and may amend reasonable rules
and regulations not inconsistent with the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration
of their functions, powers and duties and shall furnish a copy thereof
to any person upon request and may charge a reasonable fee for any
such copy. Copies of all such rules and regulations and amendments
thereto shall be maintained in the zoning office.
B.
Work sessions and meetings.
(1)
The Planning Board and Zoning Board of Adjustment
shall fix the time and place for holding regular work sessions and
meetings for business authorized to be conducted. Regular work sessions
and meetings shall be scheduled not less than once a month and shall
be held as scheduled, unless canceled for lack of applications for
development.
(2)
Special meetings shall be provided at the call of
the Chairman or on request of any two Board members, which shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by a majority vote
of the quorum, except as otherwise required by this chapter.
C.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
the reasons therefor. The minutes shall thereafter remain available
for public inspection during normal business hours at the Zoning Office.
An interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a reasonable fee for production of the minutes for his use. In accordance
with the Open Public Meetings Act, N.J.S.A. 10:4-14, the minutes of
the meetings shall be reasonably comprehensive.
D.
Hearings.
(1)
The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development. The Planning
Board shall hold a hearing on the adoption or any revision or amendment
to the Master Plan.
(2)
The Boards shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file during normal business hours in the Planning Board or Zoning
Board office and available for public inspection at least 21 days
before the date of the hearing. The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing, or such person
as he may designate, shall have the power to administer oaths and
to issue subpoenas, to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to any application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross-examination shall be permitted to all
interested parties through their attorneys, if represented, subject
to the discretion of the presiding officer and to reasonable limitations
as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial,
or unduly repetitious evidence.
(6)
The Board shall provide for the verbatim recording
of the proceedings by either a stenographer, mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof, upon request, to any interested party at his expense,
provided that the Township Commissioners may provide by ordinance
for the Township to assume the expense of any transcripts necessary
for appeal to the Township Commissioners of decisions by the Zoning
Board of Adjustment approving use variances, up to a maximum amount
as specified by the ordinance.
(7)
Each decision on an application for development shall
be in writing and shall include the findings of fact and conclusions
based thereon.
(a)
Failure of a motion to approve an application
for development to receive the number of votes required for approval
shall be deemed an action denying application. A denial under this
subsection must be memorialized as hereinafter provided.
(b)
The Board may provide such written decision
and findings and conclusions either on the date of the meeting on
which the Board takes action to grant or deny approval or, within
45 days of such meeting by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions of the
Board thereon. Any action resulting from the failure of a motion to
approve an application shall be memorialized by resolution, as provided
above, notwithstanding the time at which such action occurs is within
the applicable time period for rendering a decision on the application.
(c)
The adoption of a resolution of memorialization,
pursuant to this subsection, shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the Board who voted for the action previously taken and no other
members shall vote thereon. The vote on such resolution shall be deemed
to be a memorialization of an action of the Board and not to be an
action of the Board.
(d)
Whenever a resolution of memorialization is
adopted in accordance with this subsection, the date of such adoption
shall constitute the date of decision for the purpose of mailings,
filings and publications required by this section.
(8)
A copy of the decision shall be mailed by the Board
within 10 days of the date of the decision to the applicant or, if
represented, to his attorney, without separate charge and to all who
request a copy of the decision for a reasonable fee. A copy of the
decision shall also be filed in the Planning Board or Zoning Board
office. The Planning Board Secretary shall make a copy of such a filed
decision available to any interested party for a reasonable fee and
available for public inspection during reasonable hours.
(9)
A brief notice of the decision shall be published
in the official newspaper of Haddon Township. Such publication may
be arranged by the Board for a reasonable fee for such service and
the printing costs to also be paid by the applicant. Nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication, if he so desires. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the municipality
or by the applicant.
(10)
At the request of the developer, the Planning
Board shall grant an informal review at a meeting of a concept plan
for a development for which the developer intends to prepare and submit
an application for development. The amount of fees for such an informal
review shall be a credit toward fees for review of the application
for development. A developer shall not be bound by any concept plan
for which review is requested and the Planning Board shall not be
bound by any such review. Such informal review shall not include any
review work by the Board's professionals unless a satisfactory escrow
fee is deposited for review costs.
E.
Notice of application. Notice pursuant to Subsection E(1), (2), (3), (4), (5), (6) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(2)
Notice.
(a)
Public notice shall be given in the event variance
relief is requested as a part of an application for development otherwise
excepted herein from public notice. Public notice shall be given by
publication in the official newspaper of Haddon Township.
(b)
Notice of hearing requiring public notice pursuant to Subsection D of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This requirement shall be deemed satisfied by notice of the condominium association in the case of any unit owners whose unit has a unit above or below it or the horizontal property regime in the case of any co-owner who has an apartment above or below it. Notice shall be given by:
(c)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property, which is the subject of the hearing, may be made
in the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
(3)
Upon the written request of an applicant, the Board
Administrator shall, within seven days, make and certify a list from
said current tax duplicate of names and addresses of owners to whom
the applicant shall be entitled to rely upon the information contained
in such list, and failure to give notice to any owner not on the list
shall not invalidate any hearing or proceeding. A sum not to exceed
$.25 per name or $10, whichever is greater, may be charged for such
list.
(4)
Notice of hearing on applications for development
involving properties located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or certified
mail to the Camden County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 units. Such notice shall include a copy of any maps or documents required to be on file with the Board, pursuant to § 142-14 of this article.
(8)
The applicant shall file an Affidavit of Proof of
Service with the Board holding the hearing on the application for
development in the event that the applicant is required to give notice,
pursuant to this section.
F.
Notice concerning Master Plan. The Planning Board
shall give:
(1)
Public notice on a hearing of adoption, revision or
amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of Haddon Township at least 10 days prior
to the date of this hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any such hearing.
(3)
Notice by personal service or certified mail to the
Camden County Planning Board shall be given at least 10 days prior
to the date of all hearings on the adoption, revision or amendment
of the municipal Master Plan. Such notice shall include a copy of
any such proposed Master Plan or any revision or amendment thereto.
Not more than 30 days after the date of such adoption, revision or
amendment of a Master Plan, notice of such adoption, revision or amendment
shall be given to the Camden County Planning Board, which shall include
a copy of the Master Plan or revision or amendment thereto.
G.
Effect of mailing notice. Any notice made by certified
mail pursuant to this chapter shall be deemed complete upon mailing.
H.
Ordinance, capital improvement, and Official Map notices.
(1)
Notice by personal service or certified mail shall
be made to a Clerk of an adjoining municipality of all hearings on
adoption, revision or amendment of a development regulation involving
property situated within 200 feet of such adjoining municipality at
least 10 days prior to the date of any such hearing.
(2)
Notice to County Planning Board.
(a)
Notice by personal service or certified mail
shall be made to the Camden County Planning Board of:
[1]
All hearings on adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearings.
[2]
The adoption, revision or amendment of the Municipal
Capital Improvement Program or Municipal Official Map not more than
30 days after the date of such adoption, revision or amendment.
(b)
Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the Municipal Capital Program or any proposed revision or amendment
thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
I.
Filing of ordinances. The zoning, subdivision or site
plan review articles of this chapter or any revision or amendment
thereto shall not take effect until a copy thereof shall be filed
with the Camden County Planning Board. A zoning ordinance or amendment
or revision thereto, which, in whole or in part, is inconsistent with
or not designed to effectuate the land use plan element of the Master
Plan, shall not take effect until a copy of the resolution required
by subsection a of Section 49 of P.L. 1975, C. 291 (N.J.S.A. 40:55D-62)
shall be filed with the County Planning Board. The Secretary of the
Camden County Planning Board shall, within 10 days of the date of
receipt of a written request for copies of any development regulation,
make such available to the party so requesting with said Secretary's
certification that said copies are true copies and that all filed
amendments and resolutions are included. A reasonable charge may be
made by the County Planning Board for said copies. The Official Map
of Haddon Township shall not take effect until filed with the Camden
County Recording Officer.
J.
Appeal to the court. Any interested party may appeal
to a court of competent jurisdiction a final decision of the Planning
Board or Zoning Board of Adjustment, according to law.
K.
Enforcement.
(1)
The Township Commissioners shall enforce the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the
provisions of this chapter. To that end, the Township Commissioners
shall require the issuance of specified permits, certificates, or
authorizations as a condition precedent to:
(2)
The Township shall appoint a Zoning Officer and other
officials for the purpose of enforcing this chapter and the Municipal
Land Use Law and issuing such permits, certificates or authorizations
and may condition the issuance of such permits, certificates and authorizations
upon the submission of such data, materials, plans, plats and information
as is authorized hereunder and upon the express approval of the appropriate
state, county or municipal agencies and may establish reasonable fees
to cover administrative costs for the issuance of such permits, certificates
and authorizations.
(3)
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained, or any building, structure
or land is used or developed in violation of this chapter or any other
ordinance of Haddon Township, the Township Commissioners and its agents
or interested party, in addition to other remedies, may institute
any appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation to prevent the
occupancy of such building, structure or land, or to prevent any illegal
act, conduct, business or use in or about such premises.
L.
Appeal to the Board of Public Utilities.
(1)
If a public utility, as defined in N.J.S.A. 48:2-13,
is aggrieved by the action of a board or municipal agency through
its exercise of its powers under this chapter with respect to any
action in which the public utility has an interest, an appeal to the
Board of Public Utility Commissioners of the State of New Jersey may
be taken within 35 days after such action without appeal to the Township
Commissioners, unless such public utility so chooses. In such case,
appeal to the Public Utility Commissioners may be taken within 35
days after action by the Township Commissioners. A hearing on the
appeal of a public utility to the Public Utility Commissioners shall
be had on notice to the agency from which appeal is taken to all parties
primarily concerned, all of whom shall be afforded an opportunity
to be heard.
(2)
If, after such hearing, the Board of Public Utility
Commissioners shall find that the present or proposed use by the public
utility of the land described in the petition is necessary for the
service, convenience or welfare of the public, the public utility
may proceed in accordance with such decision of the Board of Public
Utility Commissioners, this chapter or any regulation made thereunder
to the contrary notwithstanding. This chapter or any regulation made
hereunder shall not apply to a development proposed by a public utility
for installation in more than one municipality for the furnishing
of service, if upon a petition of the public utility, the Board of
Public Utility Commissioners shall, after hearing of which any municipalities
affected shall have notice, decide the proposed installation of the
development in question is reasonably necessary for the service, convenience
or welfare of the public. Nothing in this chapter shall be construed
to restrict the right of any interested part to obtain a review of
the action of the municipal board or agency or of the Board of Public
Utility Commissioners by any court of competent jurisdiction according
to law.
M.
Exclusive authority of Planning Board and Zoning Board
of Adjustment. Any power expressly authorized by this chapter to be
exercised by the Planning Board and Zoning Board of Adjustment shall
not be exercised by any other body, except as otherwise provided in
this chapter.
N.
Conditional approval.
(1)
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare, or by a directive or other issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the Board shall process such application
for development in accordance with this chapter and, if such application
for development complies with this chapter, the Board shall approve
such application, conditioned upon removal of such legal barrier to
development.
(2)
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the local Board, the Board shall, in appropriate circumstances,
condition its approval upon the subsequent approval of such governmental
agency. However, the Board shall make a decision on any application
for development within the time period provided by statute or within
an extension of such period as has been agreed to by the applicant
unless the Board is prevented or relieved from so acting by the operation
of law.
O.
Payment of taxes. Every application for development
submitted to the Planning Board or the Zoning Board of Adjustment
shall be accompanied by proof that no taxes, municipal utilities,
or assessments for local improvements are due or delinquent on the
property that is the subject of such application. Taxes shall be kept
current while any application is pending or under review. The Board
may, however, agree to condition any approval or any relief, either
upon the prompt payment of such taxes or assessments or the making
of adequate provision thereof, in such manner that the Township will
be adequately protected.
A.
Preparation, contents and modification. The Planning
Board may prepare and, after public hearing, adopt or amend a Master
Plan, or component parts thereof, to guide the use of lands within
the Township in a manner which protects public health and safety and
promotes the general welfare.
B.
Specific components. The Master Plan shall generally compromise a report or statement and land use and development proposals with maps, diagrams and text, presenting at least the following Subsection B(1) and (2) and, where appropriate, the following Subsection B(3) through (12):
(1)
A statement of objectives, principles, assumptions,
policies and standards upon which the constituent proposals or the
physical, economic and social development of the Township are based.
(2)
A land use plan element:
(a)
Taking into account and stating its relationship to the statement provided for in Subsection B(1) above, and other Master Plan elements provided for in Subsection B(3) through (12) of this section and natural conditions, including, but not necessarily limited to: topography, soil conditions, water supply, drainage, floodplain areas, marshes and woodlands.
(b)
Showing the existing and proposed location,
extent and intensity of development of land to be used in the future
for varying types of residential, commercial, industrial, agricultural,
recreational, educational and other public and private purposes or
combination of purposes; and stating the relationship thereof to the
existing and any proposed zone plan and zoning ordinance.
(c)
Showing the existing and proposed location of
any airports and the boundaries of any airport safety zones delineated
pursuant to the "Air Safety and Zoning Act of 1983" (N.J.S.A. 6:1-80
et seq.).
(d)
Including a statement of the standards of population
density and development intensity recommended for the Township.
(3)
A housing plan element, including, but not limited
to, residential standards and proposals for construction and improvement
of housing.
(4)
A circulation plan element showing the location and
types of facilities for all modes of transportation required for the
efficient movement of people and goods into, about and through the
municipality.
(5)
A utility service plan element analyzing the need
for and showing the future general location of water supplies and
distribution, facilities, drainage and flood control facilities, sewerage
and waste treatment, solid waste disposal and provision for other
related utilities and including any stormwater management plan required,
pursuant to N.J.S.A. 40:55D-93 et seq.
(6)
A community facilities plan element showing the location
and type of educational or cultural facilities, historic sites, libraries,
hospitals, firehouses, police stations and other related facilities,
including their relation to the surrounding areas.
(7)
A recreation plan element showing a public comprehensive
system of areas and public sites for recreation.
(8)
A conservation plan element providing for the preservation
and utilization of our natural resources, including to the extent
appropriate: open space, water, forests, soil, marshes, wetlands,
harbors, rivers and other waters, fisheries, endangered or threatened
species, wildlife and other natural resources, and which systematically
analyzes the impact of each other component of the Master Plan on
the present and future preservation, conservation and utilization
of those resources.
(9)
An economic plan element considering all aspects of
economic development and sustained economic vitality, including:
(10)
An historic preservation plan element:
(a)
Indicating the location and significance of
historic sites and historic districts.
(b)
Identifying the standards used to assess worthiness
for historic site or district identification.
(c)
Analyzing the impact of each component and element
of the Master Plan on the preservation of historic sites and districts.
(11)
Appendices or separate reports containing the
technical foundation for the Master Plan and its constituent elements.
(12)
A recycling plan element which incorporates
the state recycling plan goals, including provisions for the collection,
disposition and recycling of recyclable materials designated in the
municipal recycling ordinance and for the collection, disposition
and recycling of recyclable materials within any development proposal
for the construction of 50 or more units of single-family residential
housing or 25 or more units of multifamily residential housing and
any commercial or industrial development proposal for the utilization
of 1,000 square feet or more of land.
(13)
Such other elements as the Planning Board may
find useful or appropriate.
(14)
The Master Plan and its plan elements may be
divided into sub-plans and sub-plan elements, projected according
to periods of time or staging sequences.
C.
Relations to other plans. The Master Plan shall include
a specific policy statement, indicating the relationship of the proposed
development of the Township, as developed in the Master Plan, to:
