[Editor's Note: Chapter 19 was established in its entirety
by Ord. No. 1650. Additional amendments
are noted where applicable.]
[Ord. #1650; Ord. #2165, § II]
There is hereby established pursuant to c. 291, P.L. 1975, in
the township a planning board of seven members consisting of the following
four classes:
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Class I
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The mayor.
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Class II
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One of the officials of the township other than a member of
the board of commissioners to be appointed by the mayor; provided
that if an environmental commission is established, the member of
the environmental commission who is also a member of the planning
board as required by N.J.S.A. 40:56A-1 shall be deemed to be the class
II planning board member if there is both a member of the zoning board
of adjustment and a member of the board of education among class IV
members.
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Class III
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A member of the board of commissioners to be appointed by it.
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Class IV
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Four other citizens of the township to be appointed by the mayor.
The members of class IV shall hold no other township office, except
that one member may be a member of the zoning board of adjustment
and one may be a member of the board of education. 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 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 the member of the environmental
commission shall be deemed to be the class II member of the planning
board. Pursuant to N.J.S.A. 40:55D-23.1, there shall be two alternate
members to the planning board.
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[Ord. #1650]
The term of the member composing class I shall correspond with
his official tenure. The terms of the members composing 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 for
a class II member who is also a member of the environmental commission.
The term of a class II or a class IV member who is also a member of
the environmental commission shall be for three years or terminate
at the completion of his term of office as a member of the environmental
commission, whichever comes first.
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.
The terms of all class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the board of commissioners, provided however that no term of any
member shall exceed four years and further provided that nothing herein
shall affect the term of any present member of the planning board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter all class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
[Ord. #1650]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[Ord. #1650]
The planning board shall elect a chairman and vice-chairman
from the members of class IV and select a secretary who may be either
a member of the planning board or a township employee designated by
it.
[Ord. #1650]
The planning board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the board of commissioners for its use.
[Ord. #1650]
The planning board shall adopt by-laws governing its procedural
operation. It shall also have the following powers and duties.
a.
To make, adopt and amend a master plan for the physical and social
development and policy of the township including any areas outside
its boundaries, which in the board's judgment bear essential
relation to the planning of the township in accordance with the provisions
of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the township in accordance with the
provisions of the said ordinances and the Municipal Land Use Law of
1975 C. 40:55S-1, et seq.
c.
To approve conditional uses in accordance with the provisions of
the zoning ordinance pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations, including preparation
of grant proposals and evaluations thereof.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the board of commissioners.
g.
To consider and make report to the board of commissioners within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26A, and also
pass upon other matters specifically referred to the planning board
by the township committee, pursuant to the provisions of N.J.S.A.
40:55D-26B.
h.
When reviewing applications for approval of subdivision plats, site
plans, or conditional uses, to grant to the same extent and subject
to the same restrictions as the zoning board of adjustment.
1.
Variances pursuant to subsection 57C of Chapter 291, Laws of New
Jersey 1975 from lot area, lot dimensional setback and yard requirements;
provided that such relief from lot area requirements shall not be
granted for more than one lot.
2.
Direction pursuant to Section 25 of said Act for issuance of permit
for building or structure in the bed of a mapped street or public
drainageway, flood control basin, or public area reserved pursuant
to Section 23 of said Act.
3.
Direction pursuant to Section 27 of the Act for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
i.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the board of commissioners for the aid and assistance
of the board of commissioners or other agencies or officers.
j.
Whenever the planning board shall have adopted any portion of the
master plan, the board of commissioners or other public agency having
jurisdiction over the subject matter, before taking action necessitating
the expenditure of any public funds, incidental to the location, character
or extent of such project, shall refer the action involving such specific
project to the planning board for review and recommendation in conjunction
with such master plan and shall not act thereon without such recommendation
or until 45 days have elapsed after such reference without receiving
any recommendation. This requirement shall apply to action by a housing,
parking, highway, special district, or other authority, redevelopment
agency, school board or other similar public agency, state, county
or municipal, N.J.S.A. 40:55D-31, Section 22.
k.
The planning board may investigate, study and survey substandard
areas within the township and recommend to the mayor and board of
commissioners such action as it deems advisable for the rehabilitation
and preservation of such areas.
l.
The planning board may study and make recommendations to the board
of commissioners on an official map.
[Ord. #1650]
a.
Minor subdivision shall be any subdivision of land which does not
involve the creation or reassembly of more than three lots; which
does not involve planned development; which does not involve any new
street; and which does not involve the extension of any off-tract
improvements.
b.
The planning board may waive notice and public hearing for an application for development if the planning board or subdivision committee of the board find that the application for development conforms to the definition of "minor subdivision" set forth in subsection 19-1.7a.
c.
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the board; provided that the board or subcommittee
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 39, 40 and N.J.S.A. 40:55D-53 of Chapter
291, Laws of 1975.
[Ord. #1650]
a.
Major subdivision is any subdivision of land which is not classified
as a minor subdivision.
b.
For all major subdivisions, the planning board shall hold a public
hearing with public notice given by publication in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality; and a notice of the hearing 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 and to other persons as required
by N.J.S.A. 40:55D-12 and in following the procedures set forth in
N.J.S.A. 40:55D-12.
c.
As a condition of subdivision or site plan approval, the approving
authority may require the installation and maintenance of on-tract
improvements; and the regulations may require a developer to pay his
pro-rata share of the cost of off-tract improvements in accordance
with N.J.S.A. 40:55D-42.
[Ord. #1650]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the planning board or within such further time as may be consented
to by the applicant. Failure of the planning board to act within the
period prescribed shall constitute minor subdivision approval and
a certificate of the administrative officer as to the failure of the
planning board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county
planning board is required by Section 5 of P.L. 1968, C. 285 (N.J.S.A.
40:27-6.3), the municipal planning board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the county planning board or approval by the county planning board
by its failure to report thereon within the required time period.
Approval of a minor subdivision shall expire 190 days from the
date of the planning board approval unless within such period a plat
in conformity with such approval and the provisions of the "Map Filing
Law", or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the municipal
engineer and the municipal tax assessor. Any such plat or deed must
be signed by the chairman and secretary of the planning board before
it will be accepted for filing by the county recording officer.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the planning board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the planning board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise the planning board shall be deemed to have granted preliminary
approval for the subdivision.
Whenever review or approval of the application by the county
planning board is required by Section 5 of P. L. 1968, C. 285 (N.J.S.A.
40:27-6.3), the municipal planning board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the county planning board or approval by the county planning board
by its failure to report thereon within the required time period.
c.
Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 19-1.6h of this section, the planning board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant.
d.
Final Subdivision Approval. Application for final subdivision approval
shall be granted or denied within 45 days of submission of a complete
application or within such further time as may be consented to by
the applicant.
Whenever review or approval of the application by the county
planning board is required by Section 5 of P.L. 1968, C. 285 (N.J.S.A.
40:27-6.3) the municipal planning board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the county planning board or approval by the county planning board
by its failure to report thereon within the required time period.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the county recording
officer. The planning board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
[Ord. #1650]
a.
Procedure for Preliminary Site Plan Approval.
1.
The developer shall submit to the construction official a site plan
and such other information as is reasonably necessary to make an informed
decision as to whether the requirements necessary for preliminary
site plan approval have been met. The site plan and any engineering
documents to be submitted shall be required in tentative form for
discussion purposes for preliminary approval. If any architectural
plans are required to be submitted for site plan approval, the preliminary
plans and elevations shall be sufficient. If an application for development
is found to be incomplete, the developer shall be notified thereof
within 45 days of the submission of such application or it shall be
deemed to be properly submitted.
2.
If the planning board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The planning board shall, if the proposed development
complies with the ordinance and the Municipal Land Use Law, grant
preliminary site plan approval.
3.
Upon the submission to the construction official of a complete application
for a site plan for 10 acres of land or less, the planning board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a site
plan of more than 10 acres, the planning board shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the planning board shall be deemed to have granted preliminary
approval.
b.
Procedure for Final Site Plan Approval.
1.
The planning board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval
and provided the conditions of preliminary approval are met.
2.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the construction official, or within
such further time as may be consented to by the applicant. Failure
of the planning board to act within the period prescribed shall constitute
final approval and a certificate of the construction official as to
the failure of the planning board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required.
3.
Whenever review or approval of the application by the county planning
board is required, the municipal planning board shall condition any
approval that it grants upon the timely receipt of a favorable report
on the application by the county planning board or approval by the
county planning board by its failure to report thereon within the
required time period.
[Ord. #1650]
The longest time period for action by the planning board, whether
it be for subdivision, conditional use or site plan approval shall
apply.
[Ord. #1650]
a.
Effect of Preliminary Approval of a Subdivision or Site Plan. Preliminary approval of a major subdivision or of a site plan shall, except as provided in subsection 19-1.12, paragraph a4 confer upon the applicant the following rights for a three year period from the date of the preliminary approval:
1.
That the general terms and conditions of which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41 of this Act; except that nothing herein
shall be construed to prevent the township from modifying by ordinance
such general terms and conditions of preliminary approval as relate
to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3.
That the applicant may apply for and the planning board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the planning board may grant the rights referred to in paragraphs
a1, a2 and a3 above for such period of time, longer than three years
as shall be determined by the planning board to be reasonable taking
into consideration: (a) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (b) economic conditions,
and (c) the comprehensiveness of the development. The application
may apply thereafter and the planning board may thereafter grant an
extension to preliminary approval for such additional period of time
as shall be determined by the planning board to be reasonable taking
into consideration: (a) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, and (b) the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval, (c) economic conditions and (d)
the comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
b.
Effect of Final Approval of a Subdivision or Site Plan.
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49 whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided that in the case of major subdivision all rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided. If the developer has followed the
standards prescribed for final approval, and, in the case of a subdivision,
has duly recorded the plat as required in N.J.S.A. 40:55D-54, the
planning board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
2.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the planning board may grant the rights referred to
in paragraph b1 of this subsection for such period of time, longer
than two years, as shall be determined by the planning board to be
reasonable taking into consideration: (a) the number of dwelling units
and nonresidential floor area permissible under final approval, (b)
economic conditions and (c) the comprehensiveness of the development.
The developer may apply for thereafter and the planning board may
thereafter grant, an extension of final approval for such additional
period of time as shall be determined by the planning board to be
reasonable taking into consideration: (a) the number of dwelling units
and nonresidential floor area permissible under final approval, (b)
the number of dwelling units and nonresidential floor area remaining
to be developed, (c) economic conditions and (d) the comprehensiveness
of the development.
[Ord. #1650]
a.
The planning board when action upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of an ordinance adopted pursuant to this subsection,
if the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
b.
The planning board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of an ordinance adopted pursuant to this subsection,
if the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
c.
The planning board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the planning board or the planning board being
required to hold further hearings. The longest time period for action
by the planning board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Ord. #1650; Ord. #1891, § I; Ord. #1990, § I;
Ord. #1999, § I; Ord. #2051, § III; Ord. #2352,
§§ I — III; Ord. #2412, § I; Ord. #2502,
§ I; Ord. #2567, § 1; Ord. #2567, § 1;
Ord. #2757, § 4; Ord. #2861-12, § 2]
a.
Applications for development within the jurisdiction of the planning
board or the board of adjustment pursuant to the provisions of the
Municipal Land Use Law shall be filed with the land use administrator.
Applicant shall file at least 30 days before the date of the monthly
meeting of the board, two copies of a sketch plat; three copies of
applications for minor subdivision approval; six copies of application
for major subdivision approval or eight copies of an application for
site plan review, conditional use approval, or planned development.
At the time of filing the application but in no event less than 10
days prior to the hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any other rule of the planning board or board of adjustment.
The applicant shall obtain all necessary forms from the building department.
The land use administrator shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the boards.
b.
Fees for Specific Services. The following fees shall be applicable
for the services described herein:
c.
Fees for Professional Services and Inspections.
1.
Application Process. In addition to the required application fee
established herein, the following minimum escrow funds shall be paid
upon filing:
(a)
Major subdivision or site plan - $3,500.
(b)
Minor subdivision with or without bulk variance application
- $2,500.
(c)
Planned retirement community - $5,000.
(d)
Other planned developments, as defined in N.J.S.A. 40:55D-6
- $5,000.
(e)
Planning permits, pursuant to N.J.S.A. 40:55D-34 and N.J.S.A.
40:55D-35 - $1,000.
(f)
Applications for variances, pursuant to N.J.S.A. 40:55D-70(a);
appeal from administrative office or agency - $1,000.
(g)
Use variance, pursuant to N.J.S.A. 40:55D-70(d) - $2,500.
(h)
Conditional use (all conditions satisfied and heard by the planning
board, pursuant to N.J.S.A. 40:55D-67) - $2,500.
(i)
Interpretation, pursuant to N.J.S.A. 40:55D-70(b) - $500.
(k)
Bulk variances, pursuant to N.J.S.A. 40:55D-70(c) - $500.
(l)
In the event that an approved subdivision application requires
revisions to or updating of the township's official tax map,
the applicant shall pay the additional amount of $500 to the township
for the cost of preparation of same.
Upon receipt of the application, application fees and escrow
fees, the land use administrator shall determine if review by the
township engineer, professional planning consultants or attorney is
required. If review is required, the secretary of the appropriate
board shall send a copy of the application and one set of all maps
and supportive data to the appropriate professional. Within seven
days said professional(s) shall submit an estimate of funds sufficient
in amount to undertake technical reviews and findings of facts relative
to the application at hand. These anticipated fees shall be reasonably
documented as to time and hourly rates.
2.
Review of Improvements Pursuant to Construction Permit. Up to 5%
of the estimated construction costs or as otherwise authorized by
law of the improvements as determined by the township engineer, planning
consultant and land use administrator as provided under the escrow
provisions of paragraph e of this subsection.
3.
Allowable Charges. The application review and inspection charges
shall be limited only to professional charges for review of applications,
review and preparation of documents and inspections of developments
under construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the municipality. A professional shall not review
items which are subject to approval by any state governmental agency
and not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
The only costs that shall be added to any such charges shall be actual
out-of-pocket expenses of any such professionals or consultants including
normal and typical expenses incurred in processing applications and
inspecting improvements. The municipality or approving authority shall
not bill the applicant, or charge any escrow account or deposit for
any municipal clerical or administrative functions, overhead expenses,
meeting room charges, or any other municipal costs and expenses except
as provided for in this section, nor shall a municipal professional
add any such charges to his bill.
d.
Escrow Fees.
1.
In addition to the required application fee established herein, the
following minimum escrow funds shall be paid upon filing:
(a)
Major subdivision or site plan - $2,500.
(b)
Minor subdivision, variance application - $2,500.
(c)
Additional legal fee for board attorney preparing the resolution
for all applications - $250.
Upon receipt of the application, application fees and escrow
fees, the approving authority shall determine if review by the township
engineer, professional planning consultants or attorney is required.
If review is required, the secretary of the appropriate board shall
send a copy of the application and one set of all maps and supportive
data to the appropriate professional. Within seven days said professional(s)
shall submit an estimate of funds sufficient in amount to undertake
technical reviews and findings of facts relative to the application
at hand. These anticipated fees shall be reasonably documented as
to time and hourly rates. The applicant shall be given a copy of the
anticipated fees to be charged against its escrow account before the
fees are paid. The applicant shall have the right to challenge the
reasonableness of the fees before the approving authority. The approving
authority shall determine the escrow fee to be deposited.
2.
The engineer, planning consultant, approving authority attorney and
any other professionals engaged shall submit vouchers for all necessary
work done in examination, review or inspection which shall be paid
after a review as provided above.
3.
Any of the aforesaid moneys left in the escrow account upon completion
of the project or phase of the application procedure, as the case
may be, shall be returned to the applicant as soon as it is possible.
4.
Should additional funds be required after the original funds are
exhausted, such funds as shall, in the judgment of the approving authority,
be necessary, shall be paid by the applicant to the Township of Lyndhurst
placed in the appropriate account or accounts.
5.
Upon receipt of sufficient funds for the escrow account, the administrative
officer shall notify the engineer, planning consultant, approving
authority attorney and any other professionals engaged that all appropriate
examinations and reviews shall be undertaken.
6.
The approving authority shall take no formal action unless all application
fees and escrow funds have been paid to the Township of Lyndhurst.
e.
Disbursement of Escrow Proceeds.
1.
By Whom. The chief financial officer of a municipality shall make
all of the payments to professionals for services rendered to the
municipality or approving authority for review of applications for
development, review and preparation of documents, inspection of improvement
or other purposes under the provisions of Municipal Land Use Law.
2.
Payment to Professionals. Each payment charged to the deposit for
review of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the services performed, the hours spent to one-quarter
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the land use administrator on a monthly basis
in accordance with schedules and procedures established by the chief
financial officer of the municipality. If the services are provided
by a municipal employee, the municipal employee shall prepare and
submit to the land use administrator a statement containing the same
information as required on a voucher, on a monthly basis. The professional
shall send an informational copy of all vouchers or statements submitted
to the land use administrator of the municipality simultaneously to
the applicant. The land use administrator shall transmit the original
of the vouchers to the chief financial officer.
3.
Accounting of Escrow Funds. The land use administrator, in consultation
with the chief financial officer of the municipality shall prepare
and send to the applicant a statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account. This information shall
be provided on a quarterly basis, if monthly charges are $1,000 or
less, or on a monthly basis if monthly charges exceed $1,000.
4.
Insufficiency of Escrow Balance. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the land use administrator shall provide the applicant with a notice
of the insufficient escrow of deposit balance. In order for work to
continue on the development or the application, the applicant shall
within a reasonable time period post a deposit to the account in an
amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
5.
Interest of Escrow Funds. Whenever an amount of money in excess of
$5,000 shall be deposited by an applicant for professional services
employed by the municipality to review applications for development,
for municipal inspection fees or to satisfy guarantee requirements,
the money, until repaid or applied to the purposes for which it is
deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided in this section, shall
continue to be the property of the applicant and shall be held in
trust by the municipality. The township shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit. The township
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to him by the municipality annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be; except that the municipality may retain
for administrative expenses a sum equivalent to 33 1/3% of the
entire amount of interest, which shall be in lieu of all other administrative
and custodial expenses.
6.
Close-Out Procedure. The following close-out procedure shall apply
to all deposits and escrow accounts established hereunder and shall
commence after the approving authority has granted final approval
and signed the subdivision plat or site plan, in the case of application
review escrows and deposits, or after the improvements have been approved,
in the case of improvement inspection escrows and deposits.
(a)
The applicant shall send written notice by certified mail to
the land use administrator and the approving authority, and to the
relevant municipal professional, that the application or the improvements,
as the case may be, are completed.
(b)
After receipt of such notice, the professional shall render
a final bill to the land use administrator within 30 days, and shall
send a copy simultaneously to the applicant.
(c)
The land use administrator in consultation with the chief financial
officer of the municipality shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bill.
(d)
Any balances remaining in the deposit or escrow account, including
interest as appropriate, shall be refunded to the developer along
with the final accounting.
7.
Dispute by Applicant Over Professional Fees.
(a)
An applicant shall notify in writing the governing body with
copies to the land use administrator, chief financial officer, the
approving authority and the professional whenever the applicant disputes
the charges made by a professional for service rendered to the municipality
in reviewing applications for development, review and preparation
of documents, inspection of improvements, or other charges. The governing
body, or its designee, shall within a reasonable time period attempt
to remediate any disputed charges. If the matter is not resolved to
the satisfaction of the applicant, the applicant may appeal to the
county construction board of appeals any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the municipal engineer.
An applicant or his authorized agent shall submit the appeal in writing
to the county construction board of appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the municipality, approving authority, and any professional whose
charge is the subject of the appeal. An applicant shall file an appeal
within 45 days from receipt of the informational copy of the professional's
voucher, except that if the professional has not supplied the applicant
with an informational copy of the voucher, then the applicant shall
file his appeal within 60 days from receipt of the municipal statement
of activity against the deposit or escrow account. An applicant may
file an appeal for an ongoing series of charges by a professional
during a period not exceeding six months to demonstrate that they
represent a pattern of excessive or inaccurate charges. An applicant
making use of this provision need not appeal each charge individually.
(b)
During the pendency of any appeal, the municipality or approving
authority shall continue to process, hear, and decide the application
for development, and to inspect the development in the normal course,
and shall not withhold, delay, or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction of the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this section.
The chief financial officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the chief financial
officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
f.
Exception to Escrow Fee Requirements. An application for a single-family
residential home shall not be required to post the mandatory escrow
for professional fees unless the land use administrator, in his discretion
and for good cause, determines that an escrow for such professional
fees is required.
[Ord. #1650]
Approved plats for minor subdivisions, preliminary major subdivisions
and final major subdivisions shall be signed by the planning board
chairman and secretary. Approved site plans and conditional uses shall
be signed by the planning board chairman and secretary.
[Ord. #1650]
The mayor may appoint one or more persons as 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.
[Ord. #1650]
The mayor shall appoint a site plan review advisory board for
the purpose of reviewing all site plan applications and making recommendations
to the planning board in regard thereto. Members of the site plan
review advisory board shall include but need not be limited to: mayor,
council liaison to planning board, another member of the council appointed
by the council, township engineer, planning director, construction
official, traffic engineer, fire chief, health officer.
[Ord. #1650]
Whenever the environmental commission has prepared and submitted
to the planning board an index of the natural resources of the municipality,
the planning board shall make available to the environmental commission
an informational copy of every application for development to the
planning board. Failure of the planning board to make such informational
copy available to the environmental commission shall not invalidate
any hearing or proceeding.
[Ord. #1650]
The 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 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.
[Ord. #1650]
A zoning board of adjustment is hereby established pursuant
to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the
township appointed by the mayor and confirmed by the board of commissioners
to serve for terms of four years from January 1 of the year of their
appointment. The terms of the members first appointed shall be so
determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment; provided that the initial term of no member
shall exceed four years. Thereafter the term of each member shall
be for four years. Nothing in this chapter shall, however, be construed
to affect the term of any present member of the zoning board of adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
No member of the zoning board of adjustment may hold any elective
office or position under the township.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
[Ord. #1650]
The board of adjustment shall elect a chairman and vice chairman
from its members and shall also select a secretary who may, or may
not be a board member or another township employee.
[Ord. #1650]
The zoning board of adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the board of commissioners for its use.
[Ord. #1650]
The 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 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.
[Ord. #1650]
a.
The powers of the zoning board of adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter to confer upon the zoning
board of adjustment as full and complete powers as may lawfully be
conferred upon such board, including not by way of limitation, the
authority, in connection with any case, action or proceeding before
the board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction, applicable to
the legislative enactments.
c.
The board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this ordinance in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the board having
been delegated to and imposed upon it by statute, the board shall
in all cases follow the provisions applicable to it in C. 291, P.L.
1975 or subsequent statutes in such case made and provided, that the
construction official shall from time to time furnish to any person
requesting the same a copy of its rules and information as to how
appeals or applications may properly be filed with the board for its
decision thereon.
d.
The zoning board of adjustment shall have such powers as are granted
by law to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning ordinance.
2.
Hear and decide request for interpretation of the map or zoning ordinance,
or for decisions upon other special questions upon which such board
is authorized by the zoning ordinance to pass.
3.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the zoning ordinance would result in peculiar and
exceptional practical difficulties, to or exceptional and undue hardship
upon the owner of such property, to grant upon an application or an
appeal relating to such property a variance from such strict application,
so as to relieve such difficulties or hardship; provided, however,
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structures
or use; and further provided 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 shall
review a request for a variance pursuant to N.J.S.A. 40:55D-60 of
the Municipal Land Use Law of 1975, C. 291, P.L. 1975.
4.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least two-thirds of
the full authorized membership of the board.
e.
No variance or other relief may be granted under the provisions 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 ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the planning board,
for its report provided that such reference shall not extend the period
of time within which the zoning board of adjustment shall act.
f.
The zoning board of adjustment shall in addition to the powers specified
in paragraph d of this subsection have power given by law to:
1.
Direct 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,
flood control basin or public area reserved on the official map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
3.
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 or site plan approval pursuant to Article 6 of C. 291, P.L. 1975 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the board is reviewing an application for approval of a use variance pursuant to subsection 19-2.5 paragraph d4.
[Ord. #1650; Ord. No. 1894, § I; Ord. No. 2051,
§ IV]
[Ord. #1650; Ord. No. 1990, § I; Ord. #2567, § 1]
a.
Appeals to the zoning board of adjustment may be taken by any person
aggrieved, or by an officer, department, board or bureau of the township
affected by any decision of the administrative offices. Each appeal
shall be taken within the 65 days prescribed by the statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with ten copies of the notice with the construction official.
The notice of appeal shall specify the grounds for the appeal. The
officer from whom the appeal is taken shall forthwith transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
b.
The developer may file an application for development with the board
of adjustment for action under any of its powers without prior application
to an administrative officer. Applications addressed to the original
jurisdiction of the board of adjustment without prior application
to an administrative officer shall be filed with the secretary of
the board of adjustment. Four copies of the application shall be filed.
At the time of filing the appeal or application, but in no event less
than ten days prior to the date set for hearing, the applicant shall
also file all plot plans, maps, or other papers required by virtue
of any provision of this chapter or any rule of the board of adjustment.
An application for a variance shall contain a set of preliminary construction
plans that provide side, front, rear, and cross-section views showing
the height from the top of the curb to the top of the roof ridge,
and the grade at each corner of the basement. The applicant shall
obtain all necessary forms from the construction official. By appointment
only, the construction official shall inform the applicant of the
steps to be taken to initiate proceedings and of the regular meeting
dates of the board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the zoning board of adjustment
after the notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the board of adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
d.
An application for a single family residential home shall not be
required to post the mandatory escrow for professional fees unless
the board specifically requires it at a public meeting by majority
vote of the members present.
e.
Fees for Special Meetings.
1.
Special Professional Meeting. Any applicant for development may request
that a special meeting be scheduled between the applicant and its
professionals and the board's planner, engineer, and attorney.
Such meeting shall be scheduled upon request of the applicant and
at the discretion of the chairperson or board attorney. If the request
is directed to the board attorney, the attorney shall notify the chairperson,
in writing, of the scheduled time and place of the meeting. The applicant
shall post $750 for such a meeting, which professional review escrow
amount shall provide for a meeting of one hour and shall be deemed
to include, for purposes of calculating the time of the board's
professionals, one-half hour of preparation time and one-half hour
of post-meeting time. Said professional review escrow amount shall
be posted by the applicant prior to or at the commencement of the
meeting.
2.
Special Planning Board or Zoning Board of Adjustment Meeting. Any
applicant may request that a special meeting of a board be scheduled
and devoted exclusively to a single application. Such meeting shall
be scheduled upon request of the applicant and at the discretion of
either the board chairperson or his/her designee. Such special meeting
shall not exceed three hours. The fee for such special meeting shall
be one thousand $1,500. If such a meeting shall, by agreement of the
board and the applicant, extend beyond the three hour meeting time
allotted, the applicant shall deposit any additional funds into the
professional review escrow account which may be required to cover
the costs of the additional time expended by the board's professionals
for such an extended meeting. All such additional amounts shall be
paid by applicant promptly after the meeting.
3.
Where an application for development includes several approval requests,
the sum of the individual required fees shall be paid, except that
there shall be no cumulative fees charged to an applicant for individual
bulk variances which may be part of a "d" variance application (N.J.S.A.
40:55D-70d).
f.
Waiver and Remission of Fees.
1.
The land use administrator, when acting upon an application, shall
have the power, for good cause shown, to grant a remission or waiver
from all or any portion of the fees hereinabove established based
upon any of the following:
(a)
The nonprofit status of the applicant.
(b)
A determination that collection of the fees would constitute
an economic hardship upon the applicant.
(c)
The unique characteristics of the application, making collection
of the full fees substantially disproportionate to the regulatory
costs applicable to review the application.
(d)
For other good cause established in the record.
2.
The fees set forth in this subsection are exclusive of any other
charges which may be required by the township to cover the costs of
the inspection of buildings or improvements in conjunction with the
issuance of construction permits or certificates of occupancy.
[Ord. #1650]
Public notice on any application for variances shall be given
in accordance with N.J.S.A. 40:55D-12.
[Ord. #1650]
In exercising the above mentioned power, the board of adjustment,
may in conformity with the provisions of C. 291, P.L. 1975 or amendments
thereto or subsequent statutes applying reverse or affirm wholly or
partly or may modify the order, requirement, decision or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
[Ord. #1650]
Any variance from the terms of this chapter hereafter granted
by the 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 on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced
within one year from the date of entry of the judgment or determination
of the board of adjustment; except, however, in the case of a use
variance which also involves a subdivision or site plan approval of
the variance shall extend for the full period of preliminary approval,
i.e. three years; and 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 board of adjustment to the governing
body, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
[Ord. #1650]
The zoning board of adjustment shall render its decision not
later than 120 days after the date (1) an appeal is taken from the
decision of an administrative officer, or (2) the submission of a
complete application for development to the board pursuant to the
provisions of N.J.S.A. 40:55D-70(B).
Failure of the board to render a decision within such 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Ord. #1650]
The board of adjustment may refer any application to any appropriate
person or agency, including the planning board, for its report, provided
that such reference shall not extend the period of time within which
the board of adjustment shall act.
[Ord. #1650]
Whenever review or approval of the application by the county
planning board is required by Section 5 of P.L. 1968, C. 285 (N.J.S.A.
40:27-6.3) in the case of a subdivision or Section 8 of P.L. 1968,
C. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan, the municipal
board of adjustment shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the county
planning board or approval by the county planning board by its failure
to report thereon within the required time; in the case of other variances,
the county planning board shall be notified of any application which
fronts on an existing or proposed county road, adjoins other county
land or is within 200 feet of a municipal boundary.
[Ord. #1650]
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.
[Ord. #1650]
a.
Meetings of both the planning board and the 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 board members, which shall be held on
notice to its 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 majority vote of a quorum except as
otherwise required by any provision of C. 291 Laws of New Jersey 1975.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, C. 231, Laws of
New Jersey 1975. An executive session for the purpose of discussing
and studying any matters to come before either board shall not be
deemed a regular or special meeting in accordance with the provisions
of N.J.S.A. 40:55D-9.
[Ord. #1650]
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 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.
[Ord. #1650; Ord. #2352, § IV]
Fees for all applications or for the rendering of any service by the planning board or board of adjustment or any member of their administrative staff are adopted as part of the fee schedule adopted by the board of commissioners. The escrow fees established in subsection 19-1.14 shall be applicable to all applications before the planning board and board of adjustment, and shall not be limited to site plan or subdivision applications only. The fee schedule shall be available to the public.
[Ord. #1650]
a.
Rules. The planning board and zoning board of adjustment may 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 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. 1938 (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 stenographer, 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.
[Ord. #1650]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. 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 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 within 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: (1)
serving a copy thereof on the owner as shown on the current tax duplicate
or his agent in charge of the property or (2) mailing a copy thereof
by certified mail to the property owner at his address as 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, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 19-3.6b to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or 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 situated within 200 feet of a municipal boundary.
e.
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.
f.
Notice shall be given by personal service or 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 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the township clerk pursuant to N.J.S.A. 40:55D-10.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit or 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 and 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.
[Ord. #1650]
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the tax assessor
of the township shall within seven days after receipt of a request
therefor and upon receipt of payment of a fee of $10 make and certify
a list from the current tax duplicate of names and addresses of owners
to whom the applicant is required to give notice pursuant to the provisions
of this chapter.
[Ord. #1650]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the board which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the board within 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 township 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 established
for copies of other public documents in the municipality.
[Ord. #1650]
A brief notice of every final decision shall be published in
the official newspaper of the township. Such publication shall be
arranged by the construction official without separate charge to the
applicant. The notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
[Ord. #1650]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
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 the
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.
[Ord. #1650]
When any hearing before the planning board or board of adjustment
shall carry over two or more meetings, a member of the board who was
absent for one or more of the 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 meetings from which he was absent, and certifies in writing to
the board that he had read such transcript or listened to such recording.
[Ord. #1650]
An appeal to the board of adjustment may be taken by any interested party affected by any decision of the administrative officer of the township based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 65 days of filing a notice of appeal in the manner set forth in subsection 19-2.7a, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. #1650]
An appeal from any final decision of the board of adjustment
on a use variance may be taken to the board of commissioners provided
such an appeal shall be made within 10 days of the date of publication
of such decision of the zoning board of adjustment. Such appeal shall
be made in accordance with the provisions of N.J.S.A. 40:55D-17.
[Ord. #1650]
Whenever a term is used in this chapter which is defined in
C. 291 Laws of New Jersey 1975, such term is intended to have the
meaning set forth in the definition of such term found in the statute,
unless a contrary intention is clearly expressed from the context
of this chapter.
[Ord. #1650]
All sections of the land subdivision ordinance and zoning ordinance,
or any other ordinance of the township which contains provisions contrary
to the provisions of this chapter shall be and are hereby (to the
extent of such inconsistency) repealed.
[Ord. #1650]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 19-5.
[Ord. #1650]
The board of commissioners shall enforce this chapter and any
regulations made and adopted hereunder. To that end the board of commissioners
may require the issuance of specified permits, certificates or authorizations
as a condition precedent to:
a.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structure.
b.
The use or occupancy of any building, structure or land, and
c.
The subdivision or resubdivision of any land; and shall establish
an administrative officer and offices for the purpose of 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. In case any building or structure is erected,
constructed, altered, repaired, converted, or maintained, or any building,
structure or land is used in violation of this chapter or other regulation
made under authority conferred hereby, the proper local authorities
of the municipality or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings 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 the building, structure or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
[Ord. #1650]
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
the development, the running of the period of approval under this
chapter or under any ordinance repealed by this chapter, as the case
may be, shall be suspended for the period of time the legal action
is pending or such directive or order is in effect.
[Ord. #1650]
This chapter shall be known and may be cited as "The Land Development
Procedures Ordinance of the Township of Lyndhurst."
[Ord. #1650]
This chapter shall take effect on January 1, 1977.
Immediately upon adoption of this chapter, the municipal clerk
shall file a copy of this chapter with the county planning board as
required by law. The clerk shall also file with the county planning
board copies of all other ordinances of the municipality relating
to land use, such as the subdivision, zoning and site plan review
ordinance.
[Ord. #2122, § 1]
The purpose of this section is to adopt a checklist outlining
the requirements of submissions of all applications to the planning
board and zoning board of adjustment of the Township of Lyndhurst.
Such requirements shall be necessary to allow the administrative officer
to rule on whether or not an application may be deemed complete and
placed on the respective board's agenda for a hearing.
[Ord. #2122, § 2]
a.
Every application for development submitted to the Township of Lyndhurst
for review by the planning board or zoning board of adjustment shall
first be submitted to the administrative officer for a determination
as to whether or not the application may be deemed complete. An application
shall be deemed complete by the administrative officer if such application
furnishes all required information as outlined in the Completion Checklist
set forth in Appendix A.[1] In the event that an applicant does not wish to supply
all information as required in the Completion Checklist, applicant
must request that a specific submission requirement be waived. Each
applicant shall be entitled to receive a copy of the Completion Checklist
form.
[1]
Editor's Note: Appendix A is included an attachment to this
chapter.
b.
The administrative officer shall notify each applicant, in writing,
within 45 days of submission of the application, as to whether or
not the application has been deemed complete and/or whether or not
the application is deficient due to applicant's failure to furnish
information as required pursuant to the Completion Checklist.
c.
Compliance with the application requirements of this section does
not bar the respective boards from requesting additional relevant
data not already specified herein.
d.
Compliance with the application requirements does not in any way
signify approval of the zoning relief requested.
