The Township of Riverside adopts a Joint Land Use Planning Board
(hereafter "Planning Board") whose duties include those of both a
traditional zoning board of adjustment and a planning board, as defined
by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-25c.
A.
The Riverside Township Joint Land Use Planning Board (or "Planning
Board") shall exercise all of the powers of a planning board set forth
in the provisions of N.J.S.A. 40:55D-25.
B.
The Riverside Township Joint Land Use Planning Board shall exercise
all the powers of a zoning board of adjustment set forth in the provisions
of N.J.S.A. 40:55D-70.
A.
Regular membership. The Riverside Planning Board shall consist of
nine members divided into the following classes:
(1)
Class I: the Mayor of the Township or the Mayor's appointee;
(2)
Class II: one of the officials of the Township other than a member
of the governing body, to be appointed by the Mayor, in accordance
with N.J.S.A. 40:55D-23;
(3)
Class III: a member of the Township Committee, to be appointed by
it;
(4)
Class IV: other citizens of the Township to be appointed by the Mayor.
The Class IV Board members shall hold no other municipal office except
as provided in N.J.S.A. 40:55D-23.
B.
Zoning Board members. The Class I and Class III members shall not
participate in the consideration of applications for development which
involve relief pursuant to Subsection d. of N.J.S.A. 40:55D-70.
C.
Terms of office. The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Classes
II and III shall be for one year or terminate at the completion of
their respective terms of office, whichever occurs first. The terms
of all Class IV members first appointed under this chapter shall be
so determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial Class IV term of
no member shall exceed four years. Thereafter, the Class IV term of
each such member shall be four years. If a vacancy in any class shall
occur otherwise than by expiration of the Joint Land Use Planning
Board term, it shall be filled by appointment, as above provided,
for the unexpired term.
D.
Voting eligibility. When any hearing before a Joint Land Use Planning
Board meeting shall carry over two or more meetings, a member of the
Board who was 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/her a transcript or recording
of the meeting from which s/he was absent and certifies, in writing,
or upon the record to the Board that s/he has read such transcript
or listened to such recording.
E.
Alternate members.
(1)
Designation. The Township Committee shall appoint not more than two
alternate members to the Joint Land Use Planning Board. The two alternate
members of the Joint Land Use Planning Board shall be designated as
"Alternate Number 1" and "Alternate Number 2," respectively, and each
alternate shall retain said designation during the term for which
they are appointed.
(2)
Appointment of alternate to serve on case. During the absence or
disqualification of any regular member, the Chairperson shall appoint
an alternate member to serve in the place of said regular member;
provided, however, that where the alternate member is designated to
serve in place of the regular member who is disqualified from participating
in the hearing of a particular case, the alternate member shall be
designated to serve only with respect to such case. An alternate member
who has been designated to sit in place of a regular member and who
has participated in any hearing or matter coming before the Board
shall continue to act in the place of such regular member until the
final disposition of said matter by the Joint Land Use Planning Board.
The Chairperson shall appoint alternate members in the order of their
designation.
(3)
Alternate not to serve at adjourned or continued hearing unless present
at prior hearings. When a regular member has been present and has
participated in the first hearing on any matter, no alternate member
shall be designated to serve during the absence of such regular member
during any adjourned or continued hearing or hearing on the same matter
unless said alternate member was present at such first hearing or
any prior adjourned or continued hearing on such matter.
(4)
Rights and privileges. An alternate member who has been designated
to serve in the place of an absent or disqualified regular member
shall, during the period of his service, enjoy all the rights and
privileges and shall be subject to all of the duties and disabilities
pertaining to regular members, if, but only if, the alternate certifies
that they have read a transcript or listened to a recording of prior
meetings; provided however, that no alternate member shall be eligible
to serve as Chairperson or Vice Chairperson of the Board.
(5)
Participation in discussions; voting. Alternate members may participate
in discussions of the proceedings, but may not vote except in the
absence or disqualification of a regular member, nor shall any vote
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 Number 1 shall vote.
(6)
Terms of alternate members. 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, 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.
F.
Removal of member.
(1)
Board recommendation. Whenever a member of the Joint Land Use Planning
Board shall absent themselves from meetings of the Board, without
just cause, for a period deemed detrimental to the conduct of Board
business, the Board may recommend to the Township Committee, in writing,
that such member be removed in accordance with the provisions of N.J.S.A.
40:55D-69.
(2)
Automatic vacancy. In accordance with the provisions of N.J.S.A.
40A:9-12.1(g) any Board member who, without being excused by a majority
of the authorized members of the Board, fails to attend and participate
at meetings of the Board for a period of three consecutive regular
meetings shall be considered to be no longer a member of the Board
and a vacancy on the Board shall be deemed to exist, provided that
the Board shall notify the governing body in writing of such determination
and further provided that the Board may refuse to excuse only with
respect to those failures to attend and participate which are not
due to legitimate illness or other valid reasons.
(3)
Conflict of interest. No regular or alternate member of the Planning
Board shall be permitted to act on any matter in which s/he has, either
directly or indirectly, any personal or financial interest. Any member,
other than a Class I member, after a public hearing, if s/he requests
it, may be removed by the Township Committee for cause.
A.
The Joint Land Use Planning Board shall have the following powers
and duties:
(1)
Prepare, adopt, maintain, and amend the Township Master Plan, pursuant
to N.J.S.A. 40:55D-28.
(2)
Administer the land subdivision, site plan, and zoning provisions
of this chapter and hear and decide applications made pursuant thereto.
(3)
Prepare, maintain, and administer the Township Official Map adopted
by the Township Committee, pursuant to N.J.S.A. 40:55D-32.
(4)
Prepare a capital improvement program, if authorized by the Township
Committee, pursuant to N.J.S.A. 40:55D-29.
(5)
Direct issuance of building permits for a structure in the bed of
a mapped street, public drainageway, flood-control basin or public
area, pursuant to N.J.S.A. 40:550-34, or for a structure not related
to a street, pursuant to N.J.S.A. 40:55D-36.
(6)
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
(7)
Assemble data on a continuing basis as part of a continuous planning
process.
(8)
Perform such advisory duties as are assigned to it by ordinance or
resolution of the Township Committee for the aid and assistance of
the Township Committee or other agencies or officers.
A.
The Riverside Planning Board shall exercise the following powers
when acting as the Zoning Board of Adjustment.
(1)
Hear and decide appeals pursuant to N.J.S.A. 40:55D-72 where it is
alleged by the appellant that there is error in any order, requirement,
decision or refusal made by an administrative officer based on, or
made in, the enforcement of the zoning provisions of this chapter.
(2)
Hear and decide requests for interpretation of the Zoning Map, zoning
provisions of this chapter, Official Map, or for decisions upon other
special questions upon which the Board is authorized to pass under
this chapter.
(3)
Hear and decide requests for variances from lot area, lot dimensional,
setback, and yard requirements, pursuant to N.J.S.A. 40:55D-70c.
(a)
Hardship. Grant a variance from the strict application of any
regulation of the zoning provisions of this chapter that would result
in peculiar and exceptional practical difficulties, or exceptional
and undue hardship upon the developer of a specific piece of property
for the following reasons:
(b)
Other bulk variance. Grant a variance to allow departure from the zoning provisions of this chapter for a specific piece of property, excluding the variance from those departures enumerated in Subsection A(4) of this section, when the purposes of the Municipal Land Use Law[1] would be advanced by a deviation from the specified zoning
provisions of this chapter and when the benefits of the deviation
would substantially outweigh any detriment.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
Hear and decide requests to grant a variance to allow departure from
the zoning provisions of this chapter in particular cases and for
special reasons pursuant to N.J.S.A. 40:55D-70d. Variances granted
under this subsection shall be granted only by affirmative vote of
at least five members. 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 zoning provisions of this chapter. The variances that may be granted
under this subsection include the following:
(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 pertaining solely
to a conditional use including deviations from the standards or specifications
of the Township Redevelopment Plan.
(d)
An increase in the permitted floor area ratio.
(e)
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.
(f)
A height of a principal structure which exceeds by 10 feet or
10%, whichever is greater, the maximum height permitted in the district
for a principal structure.
B.
Annual report. The Joint Land Use Planning Board, acting as the Zoning
Board of Adjustment, 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 zoning provisions of this
chapter which were the subject of variance requests. The report shall
contain recommendations of the Joint Land Use Planning Board relative
to amendments or revisions to the zoning provisions of this chapter,
if any. The report shall be sent to the Township Committee for its
consideration.
A.
Chairperson. The Chairperson shall decide all points of order and
matters of procedure governing the meeting unless otherwise directed
by a majority of the Board in session at the time. The Chairperson
shall have all the powers and perform all the duties normally appertaining
to his/her office. The Chairperson or his/her designee shall swear
all witnesses giving testimony before the Board.
B.
Vice Chairperson. The Vice Chairperson shall preside at all Joint
Land Use Planning Board meetings and hearings in the absence of the
Chairperson.
C.
Secretary.
(1)
The Secretary shall conduct all official correspondence, compile
the required records, maintain and keep in order the necessary files
and indices, and generally perform the secretarial work of the Board.
(2)
The Secretary shall attend all meetings of the Board, and shall have
the care and custody of all records, documents, maps, plans and papers
of the Board. When the votes are taken, the Secretary shall take roll
in alphabetical order by last name, except that the Chairperson shall
be called last.
(3)
The Secretary shall make a record of, and keep on file, the minutes
of the proceedings at each meeting or hearing held by the Board and
shall enter therein with the other proceedings, such resolutions and
orders as are adopted and a copy of the minutes of that meeting. The
Secretary shall issue notices of meeting and shall perform such other
duties as usually appertain to the office.
(4)
The Secretary shall file a brief notice of the Board's decision on
each development application pursuant to N.J.S.A. 40:55D-10i and provide
a full copy of the notice and the adopted resolution to the applicant.
D.
Personnel, experts and staff.
(1)
The Joint Land Use Planning Board may also employ, or contract for,
and fix the compensation of such experts and other staff and services
as may be necessary to carry out its powers and duties and to conduct
professional reviews of land development applications. The Board shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
(2)
All applicants shall pay into an escrow fund at the time the application
is filed, sufficient funds to pay for professional services required
for review of the application. The fees and charges of all professional
services related to a land development application shall be paid from
the applicant's escrow account.
(3)
The Board shall specifically have the power to appoint the following
positions:
(a)
Board Attorney. In accordance with the requirements of law,
the Planning Board shall have the power, right and responsibility
to employ an attorney to advise the Board as to its legal rights.
The Board Attorney shall be answerable and responsible to the Planning
Board and shall take action independent of any action taken by the
Township Solicitor in accordance with the principles of law. The Board
Attorney shall be appointed for a term of one year, commencing on
January 1 of the year of appointment and terminating on December 31
of the year of appointment.
[1]
Qualifications. The person appointed Board Attorney shall be
an attorney licensed to practice law in the State of New Jersey and
possess other qualification, ability and experience which the Board
shall deem necessary to perform the duties of his office.
[2]
Compensation. The Board Attorney shall receive reasonable fees
and charges for legal services.
[3]
Duties. The Board Attorney shall be the advisor on legal matters
to the Joint Land Use Planning Board. In this connection, the Board
Attorney shall be present during public hearings on land development
applications, advise the Board on legal and procedural matters, and
prepare the resolutions memorializing the actions of the Board.
(b)
Board Engineer.
[1]
Qualifications. The person appointed Board Engineer shall be
a licensed professional engineer within the State of New Jersey and
possess other qualification, ability and experience which the Board
shall deem necessary to perform the duties of his office.
[2]
Compensation. The Board Engineer shall receive reasonable fees
and charges for engineering services.
[3]
Duties. The Board Engineer shall be the advisor on engineering
matters to the Planning Board. In this connection, the Board Engineer
shall review all plans and documents received by the Planning Board
for its action and make specific recommendations concerning said matters.
(c)
Board Planner.
[1]
Qualifications. The person appointed Board Planner shall be
a licensed professional planner within the State of New Jersey and
possess other qualification, ability and experience which the Board
shall deem necessary to perform the duties of his office.
[2]
Compensation. The Board Planner shall receive reasonable fees
and charges for planning services.
[3]
Duties. The Board Planner shall be the advisor on planning matters
to the Planning Board. In this connection, the Board Planner shall
review all plans and documents received by the Planning Board for
its action and make specific recommendations concerning said matters.
(d)
Other professionals. The Board shall obtain the services of
other recognized experts as is necessary to review particular elements
of land development applications. The cost of these specialized professional
services shall also be borne by the applicant and charged to the relevant
escrow account for the land development application.
(e)
Development Review Committee.
[1]
Establishment. The Development Review Committee (the DRC) of
the Riverside Township Joint Land Use Planning Board is hereby established.
The DRC shall consist of three regular members of the Board as appointed
annually by the Chairperson of the Riverside Joint Land Use Planning
Board and the professionals employed by the Joint Land Use Planning
Board to review development applications.
[2]
Purpose. The purpose of the Development Review Committee shall
be to provide applicants with an informal review of any proposed development
project prior to formal application being made to the Joint Land Use
Planning Board. The DRC may make recommendations to the applicant
as to how best to proceed in a formal application of any proposed
development, such recommendations being non-binding on the Joint Land
Use Planning Board.
(f)
Technical Review Committee.
[1]
The Technical Review Committee (the TRC) of the Riverside Township
Joint Land Use Planning Board is hereby established. The TRC shall
consist of three regular members of the Board as appointed annually
by the Chairperson.
[2]
Purpose. The purpose of the Technical Review Committee shall
be to review adverse decisions of the Township of Riverside Zoning
Officer and make recommendations to the full Joint Land Use Planning
Board.
[3]
Procedure. Within 20 days following the denial of any zoning
permit, an applicant may appeal the decision of the Zoning Officer
to the full Joint Land Use Planning Board. Prior to the Joint Land
Use Planning Board considering the appeal, the Technical Review Committee
shall review the decision of the Zoning Officer and make a recommendation
to the full Joint Land Use Planning Board on the disposition of the
appeal. The Recommendation of the TRC shall be reported at the next
regular meeting of the Riverside Joint Land Use Planning Board.
(g)
Historical Preservation Review Committee.
[Added 2-22-2021 by Ord. No. 2021-2]
[1]
Establishment. The Development Review Committee (the HPRC) of
the Riverside Township Joint Land Use Planning Board is hereby established.
The HPRC shall consist of three regular members as appointed annually
by the Township Committee and one regular member as appointed by the
Chairperson of the Riverside Joint Land Use Planning Board. The professionals
employed by the Joint Land Use Planning Board to may be used to review
any applications deemed necessary.
[2]
Purpose. The purpose of the Historical Review Committee shall
be to provide applicants with an informal review of any proposed development
or rehabilitation projects prior to formal application being made
to the Joint Land Use Planning Board. The HPRC shall make recommendation
to the Joint Land Use Planning Board as to the appropriateness of
the application, which shall be nonbinding. The HPRC may also, from
time to time, make recommendations to the Township Committee as to
the historic preservation of specific buildings and/or structures
and the inclusion of historic preservation in the Municipal Land Use
and/or Master Plan.
[4]
Designated application. Application must be made on forms available
from the Land Use Secretary. Said application must be delivered to
the Planning Board Secretary a minimum of 30 days prior to the established
Planning Board Hearing.
[5]
Determination. The HPRC shall reach a decision on the application
seven days prior to the established Planning Board Hearing.
[6]
Waiver. An application may request a waiver of review by the
HRPC by way of formal request to the Joint Land Use Board.
The Riverside Planning Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths,
and the taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
No regular or alternate member of the Riverside Planning Board shall
act on any application or matter pending before the Board in which
s/he is in a position to derive personal benefit from actions or decisions
made in their official capacity.
B.
Whenever any such member shall disqualify himself/herself from acting
on a particular matter, s/he shall not continue to sit with the Board
on the hearing of such particular matter, nor participate in any discussion
by the Board or any decision relating thereto.
A.
Annual reorganization meeting. The annual reorganization meeting
of the Board shall be held at a designated time in January of each
year, at which time the Board shall elect from among its members a
Chairperson and a Vice Chairperson. The Board shall also appoint a
Secretary and Board professionals, all of whom shall serve for a one-year
term until they are reappointed or their successors are appointed
at the next annual reorganization meeting. The Secretary may or may
not be a member of the Joint Land Use Planning Board.
B.
Regular meeting dates. The regular meetings of the Joint Land Use
Planning Board shall be held at the Municipal Building of the Township
of Riverside, New Jersey, at a time and day designated by the Joint
Land Use Planning Board at the annual reorganization meeting. The
Joint Land Use Planning Board shall be scheduled to meet at least
once each month. The Secretary shall annually furnish a copy of the
regular meeting dates for the year to the news media designated by
the Township Committee in accordance with the Open Public Meetings
Act, N.J.S.A. 10:4-6 et seq. If it becomes necessary to change the
date of a regularly scheduled meeting, the Joint Land Use Planning
Board shall by resolution provide for an alternate date, causing proper
notice to be published in a newspaper of general circulation within
the Township.
C.
Special meetings. Meetings may be called by the Chairperson or in
his/her absence by the Vice Chairperson at any time or upon the written
request of two members, provided notice thereof is mailed or given
to each member of the Board at least two days prior thereto, and to
the public as required by the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
D.
Meetings open to public. All meetings shall be open to the public
except such executive sessions as authorized by N.J.S.A. 40:55D-9b
and N.J.S.A. 10:4-6 et seq.
E.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Board, and the names of any attorney appearing, the action taken by the Board, the findings, if any, made by it and the reasons therefor. The minutes, following adoption by vote of the Joint Land Use Planning Board, shall thereafter be made available for public inspection during normal business hours at the Township office. Any interested party who wishes a copy of the minutes of any meeting shall be charged a reasonable fee, pursuant to Chapter 202 of the Code of Riverside, for the reproduction of the minutes.
(2)
A verbatim recording shall be made of every hearing on an application
for development submitted to the Joint Land Use Planning Board. The
recording of the proceedings shall be made either by stenographer,
mechanical or electronic means. The Township shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his/her expense, provided that the charge for a transcript
shall not exceed the maximum permitted by N.J.S.A. 2B:7-4. Each transcript
shall be certified, in writing, by the transcriber to be accurate.
F.
Conduct of meeting. The Chairperson or, in his/her absence, the Vice
Chairperson, or in his/her absence, a member of the Planning Board
selected at the meeting to be the Acting Chairperson, shall act as
the Board's presiding officer at all meetings. In this connection,
the Chairperson may administer oaths and compel the attendance of
witnesses or authorize the Board Attorney to perform these responsibilities.
The Chairperson shall ensure that the minutes of the meeting show
the vote of each member on all action items or show that the member
is absent or fails to vote on that action item. The Board shall keep
records of its examinations and other official action, all of which
shall be immediately filed in the office of the Planning Board and
constitute a public record. Specifically, action by the Board in the
conduct of its meetings and the holding of hearings shall conform
with the procedural requirements of N.J.S.A. 40:55D-1 et seq.
A.
Notice required. The Riverside Planning Board shall not conduct a
public hearing or consider a land development application for which
notice is required until it is demonstrated that the notice requirements
have been fulfilled.
B.
List of owners supplied by Tax Assessor. The Tax Assessor of the municipality (or other authorized official) shall furnish the applicant with a certified list of the property owners entitled to notice pursuant to the provisions of N.J.S.A. 40:55D-12(c). The applicant shall pay the applicable fee, pursuant to Chapter 202 of the Code of the Township of Riverside, for preparation of the list. A copy of the official certification and list shall be annexed to applicant's proof of service.
C.
Public notice of a hearing shall be given for the following applications:
(1)
An appeal to the Joint Land Use Planning Board under § 255-25 from the decision of the Zoning Officer or administrative officer.
(2)
An extension of approvals for five or more years under N.J.S.A. 40:55D-49
and N.J.S.A. 40:55D-52.
(3)
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development for which the memorializing resolution is proposed
for adoption required public notice.
(4)
Any request for a variance.
(5)
Any request for conditional use approval.
(6)
Any request for preliminary and final approval of a subdivision or
site plan.
(7)
Any request for certification of a nonconforming use.
(8)
Any request for relief N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as
part of an application for development otherwise excepted herein from
public notice.
(9)
Any request by a public entity seeking to erect an outdoor advertising
sign on land owned or controlled by a public entity as required pursuant
to N.J.S.A. 40:55D-31.
D.
Contents. The notice of public hearings on land development applications
shall state the date, time and place of the hearing, the nature of
the matters to be considered, 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
and documents for which approval is sought are available for public
inspection.
E.
Persons served. Notice of hearing shall be given to all persons and
officials entitled thereto by the requirements of N.J.S.A. 40:55D-12.
F.
How given.
(1)
Notice shall be given at least 10 days prior to the date of the hearing
in the following manner:
(a)
Publication in the official newspaper of the Township, if there
be one, or in a newspaper of general circulation in the Township.
Applicants should consult with the Secretary of the Joint Land Use
Planning Board for the name of the official paper.
(b)
Notification by personal service or certified mail to the following.
An affidavit of proof of the giving of the required notice shall be
filed by the applicant with the Board at or prior to the hearing.
It is not required that a return receipt be obtained. Notice is deemed
complete upon mailing (N.J.S.A. 40:55D-14):
[1]
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.
[2]
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:
[a]
Serving a copy thereof on the property owner as
shown on the said current tax duplicate; or
[b]
Mailing a copy thereof by certified mail to the
property owner at his address as shown on the said current tax duplicate.
[i]
Notice to a partnership owner may be made by service
upon any partner.
[ii]
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.
[iii]
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]
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of such adjoining
municipality or municipalities.
[4]
To the Burlington County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
[5]
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
[6]
To the State Planning Commission when the hearing involves an
application for the 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 filed with the Township.
(2)
If an application is continued to a subsequent hearing on a date
certain, an announcement of such continuation and the date thereof
shall be made at the time of continuation and renotification by personal
service or certified mail shall not be required.
A.
Appeals to the Joint Land Use Planning Board, which require the Board
to invoke its powers as a Zoning Board of Adjustment, may be taken
by any interested party affected by any decision of an administrative
officer of the Township based on or made in the enforcement of this
chapter. 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 Joint Land Use Planning Board all
the papers constituting the record upon which the action appealed
was taken.
B.
Prior to the Joint Land Use Planning Board undertaking a review of
any appeal of a decision by the Township Zoning Officer, the Technical
Review Committee shall first review the appeal and make a recommendation
to the Joint Land Use Planning Board.
C.
Modification on appeal. In exercising its powers as a Zoning Board
of Adjustment, the Joint Land Use Planning Board 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 administrative officer from whom the appeal
is taken.
D.
Stay of proceedings. An appeal to the Joint Land Use Planning Board,
which requires the Board to invoke its powers as a Zoning 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 Planning
Board, after the notice of appeal shall have been filed with him/her,
that by reason of facts stated in the certificate a stay would, in
his/her 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.
Time for decision. The Planning Board acting in the capacity as a
Zoning Board of Adjustment shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or after the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-72, Paragraph b, or within such further time as may be consented
to by the applicant. Failure of the Board to render a decision within
such period shall constitute a decision favorable to the applicant.
In the event the developer submits separate consecutive applications,
pursuant to this chapter, the aforesaid time period shall apply to
the application for approval of the variance. The period for granting
or denying any subsequent approval shall be as otherwise provided
in this chapter.
F.
Except as otherwise provided by the general ordinances of the Township of Riverside, each application made for a variance or appeal shall be accompanied by the fee specified in Chapter 202 of the Code of the Township of Riverside, payable to the Township of Riverside.
G.
Expiration of variance. Any variance from the terms of this chapter
hereafter granted by the Joint Land Use Planning Board, functioning
in the capacity as a 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 the limitation within one year
from the date of entry of the judgment or determination of the Joint
Land Use Planning Board, or in the case where a variance was granted
in conjunction with the approval of a development application for
a minor subdivision or site plan, preliminary major subdivision or
site plan or a final subdivision or site plan, the expiration period
for the variance shall run concurrently with the expiration period
for the respective development application, unless the applicable
construction permits have been obtained or the permitted uses have
actually been commenced by that date; except, however, that the running
of the period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the Joint Land Use Planning
Board to a court of competent jurisdiction until the termination in
any manner of such appeal or proceeding. Nothing in this section shall
limit the time period extension permitted by the New Jersey Permit
Extension Act, N.J.S.A. 40:55D-136.1 et seq.
Any decision of the Joint Land Use Planning Board when acting
upon an application for development shall be given by notice in the
following manner:
A.
Copy to applicant, interested parties. A copy of the decision shall
be mailed by the Secretary of the Joint Land Use Planning Board within
10 days of the date of decision to the applicant or appellant, or,
if represented, then to his/her attorney, without separate charge.
A copy of the decision shall also be mailed within 10 days to any
interested party who has requested it and who has paid the designated
fee.
B.
Newspaper notice. A brief notice of every final decision shall be
published in the official newspaper of the municipality, if there
be one, or in a newspaper of general circulation in the Township of
Riverside. Such publication shall be arranged by the applicant unless
a particular municipal officer is so designated by ordinance; provided
that nothing contained herein shall be construed as preventing the
applicant from arranging such publication if s/he so desires. The
municipal agency may make a reasonable charge for its publication.
The notice shall be sent to an official newspaper for publication
within 10 days of the date of any such decision.
C.
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 municipality or the applicant.
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township
of Riverside. Any action taken by the Township under the terms of
this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire Township. Moreover, if an
applicant can clearly demonstrate that, because of peculiar conditions
pertaining to his/her land, the literal enforcement of one or more
of the regulations within or referred to herein is impracticable or
will exact undue hardship, the Joint Land Use Planning Board may permit
such exceptions as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
All appeals of decisions made by the Joint Land Use Planning
Board shall be taken directly to the Superior Court of New Jersey
and not to the Riverside Township Committee.
