No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which meeting shall
be held on notice to the Board's members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by a majority vote of the members present
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
[Amended 6-25-80 by Ord. No. 0-13-80]
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 be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any 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 fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1]
Editor's Note: Former § 40-27, Fees, as amended 3-23-1977 by Ord. No. O-10-77 and 6-25-1980, by Ord.
No. O-13-80, was repealed 3-26-1986 by Ord. No. O-1-86. For current provisions, see Art. VI, Schedule of Fees and Escrows, of this chapter. Former § 40-27, Development Review Committee, added 5-26-2009 by Ord. No. O-2009-012, was repealed 3-8-2022 by Ord.
No. O-2022-007.
A.
Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least ten (10) days prior to the date of the
hearing.
B.
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located in the state and
within two hundred (200) feet in all directions of the property which
is the subject of such hearing and whether located within or without
the municipality in which the applicant's land is located. Such notice
shall be given by serving a copy thereof on the owner as shown on
the said current tax duplicate or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address shown on the current tax duplicate. A return receipt
is not required. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, vice president, secretary or other persons authorized
by appointment or by law to accept service on behalf of the corporation,
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice to a condominium association, horizontal property
regime, community trust or homeowners' association because of its
ownership of common elements or areas located within two hundred (200)
feet of the property which is the subject of the hearing may be made
in the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
[Amended 6-25-80 by Ord. No. 0-13-80]
C.
Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
D.
Notice shall be given by personal service or by certified mail to
the 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 on the County Master Plan, adjoining
other county land or situate within two hundred (200) feet of a municipal
boundary.
E.
Notice shall be given by personal service or by certified mail to
the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or by certified mail to
the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for
development of property which exceeds one hundred fifty (150) acres
or five hundred (500) dwelling units. Such notice shall include a
copy of any maps or documents required to be on file with the Municipal
Clerk pursuant to Section 6b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
All notices hereinabove specified in this section shall be given
at least ten (10) days prior to the date fixed for the hearing, and
the applicant shall file an affidavit of proof of service with the
Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; the 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 and documents for which approval is sought
are available as required by law.
[Amended 6-25-80 by Ord. No. 0-13-80; 8-28-01 by Ord. No. 0-17-01]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate administrative officer of the municipality, being the Township Assessor or his or her designee, shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten dollars ($10.) for the first forty (40) names and twenty-five cents ($0.25) for every name thereafter, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 40-29B, of this chapter.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which resolution shall include
findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board, within ten (10)
days of the date of decision, to the applicant or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those fees established for copies of other public documents in
the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be, without separate charge to the
applicant. Said notice shall be sent to the official newspaper for
publication within ten (10) days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.
[Added 7-21-98 by Ord. No. 0-14-98; amended 9-25-07 by Ord. No. 0-33-07]
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency, when so certified by the municipal agency or its authorized
committee or designee. Notwithstanding anything to the contrary herein,
all relevant provisions found in N.J.S.A. 40:55D-10.3 et seq., shall
be incorporated herein by reference.
The appropriate administrative officer shall review the aforesaid
application for the purpose of determining, within forty-five (45)
days of its submission, whether said application is complete. Thereafter:
A.
If said application is found to contain all of the information required by the applicable checklist set forth in subsection 40-33.3, which is hereby adopted as part of this Land Use Ordinance, the administrative officer shall certify that said application is complete and direct the application to the appropriate Board.
[Amended 7-15-14 by Ord. No. O-2014-020]
B.
If said application is found to lack some of the information required
by the applicable checklist on file with the Secretary of the Planning
Board and Zoning Board of Adjustment, the administrative officer shall
either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If waivers of checklist items have been specifically requested
by the applicant in the application for development, the Planning
Board or Zoning Board of Adjustment, as the case may be, shall act
on the request for waivers within forty-five (45) days of application
submission. If the Board reasonably concludes that the missing items
of information are not necessary to make an informed decision on the
application, said Board may waive the requirement that said items
be supplied as a prerequisite for completeness and certify that the
application is complete notwithstanding the missing items. If the
waivers are granted, the application is complete as long as all other
requirements for submission have been satisfied. If the waivers are
denied, the application is incomplete until missing information is
submitted. At that time, the application is complete if all other
requirements for submission have been satisfied.
C.
An applicant who has been notified that his application is incomplete
may request waiver herein of one or more of the submission requirements
set forth and said request shall be the subject of a resubmitted application.
D.
All applications submitted for development to either the Planning
Board and/or Zoning Board of Adjustment shall include the required
and official Township of Winslow Land Development Checklist, in the
form on file with the Township Planning Board Secretary and Township
Zoning Board of Adjustment Secretary, prior to the consideration of
designation of completeness for purposes of commencing the applicable
time period for action by a municipal agency or its authorized committee
or designee.
[Added 6-28-11 by Ord. No. O-2011-016]
[Added 7-15-14 by Ord. No. O-2014-020]
A.
The Township of Winslow hereby establishes the Department of Municipal Utilities Supplemental Design Standards and Details. Every application submitted to the Winslow Township Department of Municipal Utilities ("DMU") in accordance with Section 221-6.2A and/or Section 284-40.1A of the Winslow Township Code for utility services review by the DMU shall be reviewed for compliance with the Department of Municipal Utilities Supplemental Design Standards and Details governing same.
B.
A copy of the Department of Municipal Utilities Supplemental Design
Standards and Details shall be kept on file in the DMU Office and
with the secretaries of the Planning Board and Zoning Board, respectively.
The Department of Municipal Utilities Supplemental Design Standards
and Details shall be provided to the developer and/or developer's
engineer in the form of a CD with CADD files.
C.
The form and content of the Department of Municipal Utilities Supplemental
Design Standards and Details may be amended and supplemented from
time to time by authority of the Mayor and Township Committee.
Editor's Note: The Department of Municipal Utilities Supplemental
Design Standards and Details have been amended in accordance with
the following resolutions:
|
RESOLUTION #
|
DATED ADOPTED
|
REVISION DATE OF DESIGN STANDARDS & DETAILS
|
|---|---|---|
|
R-2015-170
|
April 28, 2015
|
Revised April 2015
|
|
R-2015-192
|
May 12, 2015
|
Revised April 2015
|
|
R-2017-174
|
May 09, 2017
|
Revised April 2017
|
[Added 9-25-07 by Ord. No. 0-33-07; amended 7-15-14 by Ord. No. O-2014-020]
Editor's Note: The Checklists referred to herein may be found
as an attachment to this chapter.
A.
Submission requirements for minor subdivisions shall be in accordance
with the Checklist attached hereto as Exhibit "A," which is made a
part hereof by reference.
[Amended 4-23-13 by Ord. No. O-2013-007]
B.
Submission requirements for major subdivisions shall be in accordance
with the Checklist attached hereto as Exhibit "B," which is made a
part hereof by reference.
[Amended 4-23-13 by Ord. No. O-2013-007]
C.
Submission requirements for minor site plans shall be in accordance
with the Checklist attached hereto as Exhibit "C," which is made a
part hereof by reference.
[Amended 4-23-13 by Ord. No. O-2013-007]
D.
Submission requirements for major site plans shall be in accordance
with the Checklist attached hereto as Exhibit "D," which is made a
part hereof by reference.
[Amended 4-23-13 by Ord. No. O-2013-007]
E.
Submission requirements for change of use review shall be in accordance
with the Checklist attached hereto as Exhibit "E," which is made a
part hereof by reference.
[Added 5-25-10 by Ord. No. 0-2010-017; amended 4-23-13 by Ord. No. O-2013-007]
F.
In addition to the checklist requirements set forth in Section 297-8 of the Township Code, all applications for development in the Pinelands Area of the Township shall be in accordance with the Stormwater Checklist and accompanying Reference Guide attached hereto as Exhibit "F," which is made a part hereof by reference.
[Added 10-27-09 by Ord. No. 0-2009-030; amended 5-25-10 by Ord. No. 0-2010-017]
G.
Submission requirements for all land development applications involving sanitary sewer and/or domestic water services infrastructure as set forth in Section 221-6.2A and/or Section 284-40.1A of the Winslow Township Code shall be in accordance with the requirements of the Department of Municipal Utilities Supplemental Design Standards and Details.
[Added 4-23-13 by Ord. No. O-2013-007; amended 7-15-14 by Ord. No. O-2014-020]
[Added 4-24-07 by Ord. No. 0-10-07; amended 7-15-14 by Ord. No. O-2014-020]
As a condition of final development approval, the Planning Board
or Zoning Board of Adjustment shall require the applicant to execute
and deliver to the Township along with any performance guarantees
as may be required, a Developer's Agreement on a form acceptable to
the Township Attorney. All performance guarantees submitted with respect
to any particular application for development shall reference such
a Developer's Agreement by name, parties and date of execution. All
applicants shall be given a copy of this Code section and the then-current
draft form of the Developer's Agreement with the application package.
The Developer's Agreement shall include provisions to insure that
the development project is completed in accordance with the Resolution
of Approval adopted by the Planning Board or Zoning Board of Adjustment.
The Developer's Agreement and any amendments thereto shall be recorded
against the real property which is the subject of the development
application prior to the issuance of a zoning permit. Evidence in
the form of a copy of the Developer's Agreement time stamped by the
County Clerk shall be submitted to the Township Clerk. The applicant
shall also reimburse the Township for the cost the Township incurs
for the Township Attorney reviewing the Developer's Agreement. Upon
completion of the improvements, release of the performance guarantee
and submission and approval of the required maintenance guarantee,
the Township shall execute a release of the Developer's Agreement,
in recordable form. The preparation and recording of such release
shall be borne by the applicant.
[Added 9-23-08 by Ord. No. 0-31-08; amended 7-15-14 by Ord. No. O-2014-020]
A.
Development Review Committee. The Planning Board Chairman and the
Zoning Board of Adjustment Chairman respectively shall appoint two
(2) members of each Board to serve on a Planning Board Development
Review Committee and a Zoning Board Development Review Committee.
Each Committee shall review major subdivision and site plan applications,
and use variance applications, which include a major subdivision and/or
major site plan component, to identify compliance or noncompliance
with the Township's Land Use Regulations and to make recommendations
to the applicant and the Planning Board and Zoning Board of Adjustment
respectively.
B.
All applicants for major site plan or a major subdivision, or use
variances with a major site plan and/or major subdivision component,
shall not be deemed complete until meeting with the Development Review
Committee on the application.
C.
Additional members of the Development Review Committee shall be the
Planning Board or Zoning Board Engineer, the Planning Board or Zoning
Board Planner as may be required, and the Township Zoning Officer.
D.
Conduct of the Development Review Committee meeting.
(1)
Prior to the filing of a formal application, the Development
Review Committee shall meet with the applicant and the applicant's
professionals. The meeting shall be used to provide the applicant
with a comprehensive review of its proposed plan(s), to provide insight
as to any deficiencies on the plan(s) and to offer suggestions and
recommendations for the improvement of said plan(s), to analyze the
draft application for completeness and to comment on the acceptability
of the proposed plan.
(2)
The Development Review Committee is not a public meeting or
public hearing and is not to be advertised. The Development Review
Committee meeting is not a formal review, and minutes are not kept
nor any official action taken. The meeting shall be chaired by the
Administrative Officer so appointed who shall be a member of the Planning
Board or Zoning Board of Adjustment.
(3)
Following the review of the application by the Development Review
Committee, the Engineer for each respective Board will prepare a report
to the applicant on all outstanding review issues that were discussed
and remain to be addressed by the applicant.
E.
Upon completion of the review of the application by the Development
Review Committee, the application can be filed for completeness review
and if deemed complete scheduled before the Township Planning Board
or Zoning Board of Adjustment, subject to the applicant addressing
all outstanding review issues to be incorporated into the plan.
