[1]
Editor's Note: This Article contains Ord. No. 09-028 creating
the Land Use Board. Prior ordinance history includes portions of Ordinance
Nos. 92-05, 98-18, 98-43, 2000-12 and 2004-19.
[Ord. #09-028, § 3]
a.
A Land Use Board is hereby created consisting of nine regular and
up to two alternate members. Members of the Land Use Board, except
for the Class II member set forth below, shall be municipal residents.
The membership shall consist of, for convenience in designating the
manner of appointment, the four following classes:
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Class I
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The Mayor, the Mayor's designee.
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Class II
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One of the officials of the Township other than a member of
the governing body, to be appointed by the Mayor.
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Class III
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A member of the Township Committee to be appointed by it.
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Class IV Regular Members
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Six other municipal residents of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that one member may be a member
of the Board of Education, one member may be a member of the Historic
Preservation Commission, and one member must be a member of the Environmental
Commission as required by N.J.S.A. 40:56A-1; provided, however, that
if there be any designated Class IV regular or Class IV alternate
members of the Land Use Board being a member of the Historic Preservation
Commission and a member of the Board of Education, then the member
of the Environmental Commission shall be deemed to be the Class II
member of the Land Use Board. The Class IV regular members shall be
appointed and designated as "Seat 1," "Seat 2," "Seat 3," "Seat 4,"
"Seat 5," and "Seat 6."
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Class IV Alternate Members
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Two other municipal residents who may be appointed by the Mayor.
Alternate members shall meet the qualifications of Class IV regular
members. The alternate members shall be designated by the Mayor at
the time of their appointment as "Alternate No. 1" and "Alternate
No. 2."
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b.
The term of the member composing Class I shall correspond with his
official tenure, or if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's 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 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 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 Education shall terminate whenever he is no
longer a member of the Board of Education or at the completion of
his Class IV term, whichever occurs first.
c.
All present Class IV regular members of the existing Planning Board
shall continue in office in the Land Use Board until the completion
of the terms for which they were appointed, and shall be hereinafter
designated as "Seat 1" (set to expire December 2010), "Seat 3" (set
to expire December 2012), "Seat 4" (set to expire December 2012),
and "Seat 6" (currently held by a member of the Environmental Commission).
Due to clerical errors in the appointments of Class IV regular members
in prior years, and to keep with the intent of N.J.S.A. 40:55D-23(b)
for the appointment of Class IV regular members to be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly, the two new Class IV regular members
to be appointed in January 2010 shall be for an initial term as follows:
"Seat 2" shall be for a two year term; and "Seat 5" shall be for a
four year term. Thereafter the term of each Class IV regular member
shall be four years, unless a member of the Environmental Commission
is appointed to the Land Use Board, which then such "Seat" shall be
for a three year term or at the completion of his term as a member
of the Environmental Commission. All terms shall run from January
1 of the year in which the appointment is made.
d.
All present Class IV alternate members of the Land Use Board shall
continue in office until the completion of the terms for which they
were appointed. The terms of the Class IV alternate members shall
be two years. All terms shall run from January 1 of the year in which
the appointment is made.
e.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Land Use Board. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, "Alternate No. 1" shall vote.
f.
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. Any member other than a Class I member may be removed
by the governing body for cause but only after public hearing, if
requested, and other required procedural due process protection.
g.
The Land Use Board shall organize annually by selecting from among
its Class IV regular members a Chairperson and a Vice Chairperson.
The Board shall also select a Secretary who may or may not be a member
or alternate member of the Board or an employee of the Township. An
alternate member shall not serve as Chairperson or Vice-Chairperson
of the Land Use Board.
h.
The governing body, after giving due consideration to budget requests
that may be submitted by the Land Use Board, shall make provisions
in its budget and appropriate funds for the expenses of the Land Use
Board.
i.
The office of Land Use Board Attorney is hereby created. The Land
Use Board may appoint to such office and fix compensation or rate
of compensation of an attorney at law of New Jersey other than the
Township Attorney.
j.
The Land Use Board 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, however, shall not authorize expenditures which exceed,
exclusive of gifts, grants or application fees, the amount appropriated
by the governing body for its use.
[1]
Editor's Note: Ordinance No. 09-028 creates a combined Land
Use Board. References to the Planning Board and Zoning Board of Adjustment
have been retained and shall be read as if the words "Land Use Board
acting as the" precedes them.
[Ord. #09-028, § 4]
The Land Use Board shall have the powers listed below in addition
to other powers established by law:
a.
Make, adopt and, from time to time, amend a Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relationship to the
planning of the Township.
b.
Administer the Subdivision and Site Plan Review provisions of the
Land Management Ordinance in accordance with the applicable provisions
of this chapter and N.J.S.A. 40:55D-1 et seq.
c.
Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter and N.J.S.A. 40:55D-1 et
seq.
d.
Participate in the preparation and review of programs and plans in
accordance with N.J.S.A. 40:55D-31 or Federal law or regulation.
e.
Assemble data on a continuing basis as part of a continuous planning
process.
f.
Annually, at the request of the Township Committee, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the Township Committee.
g.
Consider and report to the Township Committee within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Land
Use Board by the Township Committee.
h.
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies and officers.
i.
Perform, to the same extent and subject to the same restrictions,
all the powers and duties of a Board of Adjustment, including:
1.
Hear and decide appeals where it is alleged by the applicant that
there is an error in any order, requirement, decision or refusal made
by an official based on or made in the enforcement of the zoning provisions
of this chapter.
2.
Hear and decide requests for interpretation of the Zoning Map or
the zoning provisions of this chapter or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning provisions of this chapter or by any duly adopted Official
Map.
4.
Provide direction pursuant to N.J.S.A. 40:55D-34 for issuance of
a permit for a building or structure in the bed of a mapped street
or public drainage way, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
5.
Provide direction pursuant to N.J.S.A. 40:55D-36 for issuance of
a permit for a building or structure not related to a street.
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The Class I and the Class III members shall not participate
in the consideration of applications which involve relief pursuant
to N.J.S.A. 40:55D-70(d).
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[Ord. #09-028, § 4]
a.
Pursuant to N.J.S.A. 40:55D-70(c), where (a) by reason of exceptional
narrowness, shallowness or shape of a specific piece of property,
or (b) by reason of exceptional topographic conditions or physical
features uniquely affecting a specific piece of property, or (c) by
reason of an extraordinary and exceptional situation uniquely affecting
a specific piece of property or the structures lawfully existing thereon,
the strict application of any regulation of this chapter would result
in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of such property, grant, upon
an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship;
b.
Where, in an application or appeal relating to a specific piece of
property the purposes of this chapter would be advanced by a deviation
from the zoning requirements and the benefits of the deviation would
substantially outweigh any detriment, grant a variance to allow departure
from such zoning requirements;
c.
No variance from those departures enumerated in N.J.S.A. 40:55D-70(d)
shall be granted under this subsection.
[Ord. #09-028, § 4]
In particular cases and for special reasons, the Land Use Board
may grant a variance to allow departure from the zoning provisions
of this chapter to permit:
a.
A use or principal structure in a district restricted against such
use or principal structure;
b.
An expansion of a nonconforming use;
c.
A deviation from a particular specification or standard set forth
in this chapter as pertaining solely to a conditional use;
d.
An increase in the permitted floor area ratio as defined in Section 13-201 of this chapter and in N.J.S.A. 40:55D-4;
e.
An increase in the permitted density as defined in Article 13-400 or Article 13-600 of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to subsection 13-702.1i3 hereinabove; or
f.
A height of a principal structure which exceeds by ten (10') feet
or 10% the maximum height permitted in the zone district for a principal
structure.
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A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board. Pursuant to D. Lobi Ent. v. Planning/Zoning Bd., Sea Bright, 408 N.J. Super. 345 (App.Div.2009), when a "d" variance application is heard before the nine member Land Use Board, the Class I and Class III members, who are prohibited by the statute from considering the application, may not be replaced by alternatives, and the application must be heard by a seven member board. If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered under subsection 13-702.1i3 of this chapter.
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[Ord. #09-028, § 4]
The Land Use Board shall have such other powers as prescribed
by law, including, but not limited to, the following:
a.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainageway, flood control basin or public
area as shown on a duly adopted Official Map, if an Official Map is
adopted by the Township, whenever one or more parcels of land within
said bed cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Land Use
Board, ensuring that such relief will tend to cause a minimum change
of the Official Map and will not significantly add to the cost of
opening any proposed street. The Board shall impose reasonable requirements
as a condition of granting the construction permit so as to promote
the health, morals, safety and general welfare of the public.
b.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map, if an Official
Map is adopted by the Township, or which is (a) an existing State,
County or municipal street or highway; or (b) a street shown upon
a plat approved by the Board; or (c) a street on a plat duly filed
in the office of the County Recording Officer. The Board may grant
such relief only when the enforcement of the statute requirement that
a building lot abut a street would entail practical difficulty or
unnecessary hardship, or where the circumstances of the case do not
require the building or structure to abut a street. The Board shall
impose requirements or conditions that will provide adequate access
for fire fighting equipment, ambulances and other necessary emergency
vehicles for the protection of the health and safety and that will
protect any future street layout on the Official Map or on the Traffic
Circulation Plan element of the municipal Master Plan.
[Ord. #09-028, § 4]
a.
Appeals to the Land Use Board may be taken by any interested party
affected by any decision of an administrative officer of the municipality
based on or made in the enforcement of the zoning provisions of this
chapter or a duly adopted Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal is taken, with three copies of the notice given to
the Secretary of the Land Use Board. The notice shall specify the
grounds for the appeal. The official from whom the appeal is taken
shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b.
The Land Use Board may reverse or affirm, wholly or in part, or may
modify the action, order, requirement, decision, interpretation or
determination appealed from and to that end have all powers of the
municipal official from whom the appeal is taken.
c.
An appeal to the Land Use Board shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the municipal official from whose action the appeal is taken
certifies to the Land Use Board, 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 other than by an order
of the Superior Court upon notice to the municipal official from whom
the appeal is taken and due cause shown.
d.
A developer may file an application for development with the Land
Use Board for action under any of its powers without prior application
to a municipal official.
e.
The Land Use Board shall act upon any appeal or any application for
development within 120 days either from the date the appeal is taken
from the decision of the municipal official or from the date the application
is certified as a complete application, as the case may be, or within
such further time as may be consented to by the applicant, except
that when an applicant elects to submit separate consecutive applications
for use variance approval and site plan, subdivision or conditional
use approval, the 120 day time period for action shall apply to the
application for approval of the use variance, and the time period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter.
[Ord. #09-028, § 4]
a.
Whenever relief is requested pursuant to this section, notice of
the 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.
b.
No variance or other relief may be granted by the Board 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 the zoning provisions of this chapter.
c.
In respect of any airport hazard areas delineated under the "Air
Safety and Hazardous Zoning Act of 1983" (N.J.S.A. 6:1-80 et seq.),
no variance or other relief may be granted permitting the creation
or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to that act, except upon
issuance of a permit by the Commissioner of Transportation.
d.
An application under this section may be referred to any appropriate
person or agency for its report; provided that such reference shall
not extend the period of time within which the Land Use Board shall
act.
e.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval for a subdivision,
site plan, or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Land Use Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this chapter.
[Ord. #09-028, § 5]
No regular or alternate member of the Land Use Board shall act
on any matter in which he has either directly or indirectly any personal
or financial interest unless the rule of necessity as interpreted
in Gunther v. Planning Board of Bay Head, 355 N.J. Super. 452 (Law
Div. 2000) so dictates. 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 particular matter nor
participate in any discussion by the Board or any decision relating
thereto.
[Ord. #09-028, § 5]
a.
Meetings of the Land Use Board shall be scheduled no less than once
a month and any meeting so scheduled shall be held as scheduled unless
canceled 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 meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
c.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A. 40:55D-1, et seq., or as set forth in this chapter. A
member of the Board who was absent for one or more of the meetings
at which a hearing was held or was not a member of the Board at that
time shall be eligible to vote on a matter upon which the hearing
was conducted, notwithstanding his/her absence from one or more of
the meetings; provided, however that such Board member has available
to him/her the transcript or recording of all of the hearing from
which he/she was absent or was not a member, and certifies in writing
to the Board that he/she has read such transcripts or listened to
such recording.
d.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meeting Law, N.J.S.A.
10:4-6, et seq. Notice of all such meetings shall be given in accordance
with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6,
et seq.
[Ord. #09-028, § 5]
a.
Subsequent to an application for development being declared complete,
the Land Use Board shall hold a hearing on the application for development.
The Board shall make rules governing such hearings.
b.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
c.
The officer presiding at the hearings, 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 (C.2A:67A-1 et seq.) shall apply.
d.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
or such other person as he may designate, 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 reasonable limitations as to time and
number of witnesses.
e.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
[Ord. #09-028, § 5]
a.
Public notice of a hearing shall be given for the following:
1.
The hearing on an amendment to the zoning ordinance proposing a change
to the classification or boundaries of a zoning district, with the
exclusion of those hearings for classification or boundary changes
recommended in a periodic general reexamination of the master plan
by the Land Use Board in accordance with N.J.S.A. 40:55D-89;
2.
The following applications for development:
(a)
Any request for a variance;
(b)
Any request for conditional use approval;
(d)
Any request for preliminary approval of a major subdivision
and/or preliminary or final approval of a major site plan.
(e)
Any request for approval of a planned development;
(f)
Any request for minor site plan approval.
3.
An extension of approvals for five or more years under N.J.S.A. 40:55D-49d
and 40:55D-52b;
4.
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development for which the memorializing resolution is proposed
for adoption required public notice.
5.
Appeals of determinations of the Zoning Officer pursuant to N.J.S.A.
40:55D-70a and for requests for interpretation pursuant to N.J.S.A.
40:55D-70b (other than for interpretations regarding the general,
as opposed to site-specific, applicability of any provision of the
Land Management Ordinances of the Township of Bedminster).
b.
Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district as stated in subsection 13-703.4a1 shall be given by the Township Clerk at least 10 days prior to the hearing to the owners of all real property as shown on the current tax duplicates as follows: in the case of a boundary change, in the state within two hundred (200') feet in all directions of the proposed new boundaries of the district which is the subject of the hearing and, in the case of a classification change, within the district and within the State within two hundred (200') feet in all directions of the boundaries of the district.
1.
A notice pursuant to this section shall state the date, the time
and place of the hearing, the nature of the matter to be considered
and an identification of the affected zoning districts and proposed
boundary changes by street names, common names or other identifiable
landmarks, and by reference to lot and block numbers on the current
tax map.
2.
Notice shall be given by personal service or via certified mail and
regular mail to the property owner at the address shown on the current
tax map.
3.
Notice to non-individuals shall be made in accordance with the provisions
below.
4.
The Township Clerk shall execute affidavits of proof of service of
the notices required in this section and shall keep the affidavits
on file along with the proof of publication of the required public
hearing on the proposed ordinance change. Costs of the notice shall
be the responsibility of the proponent of the amendment.
c.
The Secretary of the Land Use Board shall notify the applicant at
least two weeks prior to the public hearing at which the application
will be discussed. Notice of a hearing requiring public notice shall
be given by the applicant at least 10 days prior to the date of the
hearing in the following manner:
1.
Publication in an official newspaper of the Township, if there is
one, or in a newspaper of general circulation in the Township in the
absence of an official newspaper; and,
2.
Notification by personal service or certified mail to the following.
An affidavit of proof of the giving of the required notice shall be
filed by the applicant with the municipal agency at, or prior to,
the hearing. It is not required that a return receipt is obtained;
notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(a)
To all owners of real property as shown on the current tax duplicate,
located in the State and within two hundred (200') feet in all directions
of the property which is the subject of the hearing, provided that
this requirement shall be deemed satisfied by notice to the (1) condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or (2) horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it.
(1)
Notice to a partnership owner may be made by service upon any
partner.
(2)
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.
(3)
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 home owners on account of such common elements
or areas.
(b)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within two hundred (200') feet
of said adjoining municipality or municipalities.
(c)
To the Somerset County Planning Board when the application for
development involves property adjacent to an existing County road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other County land or situated within two hundred (200')
feet of a municipality boundary.
(d)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway.
(e)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be filed with the Township.
(f)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to subsection 13-703.4a shall be given, in the case of a public utility, cable television company, or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with paragraph c2(g) below, by (i) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility, or (ii) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(g)
Every public utility, cable television company, and local utility
interested in receiving notice pursuant to paragraph c2(f) above may
register with the Township in the event the public utility, cable
television company, or local utility has a right-of-way or easement
within the Township. The registration shall remain in effect until
revoked by the public utility, cable television company, or local
utility or by its successor in interest.
(h)
The Township Clerk shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to subsection 13-703.4d of this section. The registration form shall include the name of the public utility, cable television company, or local utility and the name, address, and position of the person to whom notice shall be forwarded, as required pursuant to paragraph c2(f) above. The information contained therein shall be made available to any applicant, as provided in subsection 13-7063.4d.
(i)
The Township requires the payment of a registration fee of $10
from any public utility, cable television company, or local utility
which registers to receive notice pursuant to paragraph c2(g) above.
(j)
By no later than March 17, 1992, the Township Clerk shall notify
the corporate secretary of every local utility that, in order to receive
notice by an applicant pursuant to paragraph c2(f) above, the utility
shall register with the Township in the event the utility has a right-of-way
or easement within the Township.
(k)
Failure to give notice as required in paragraph c2(f) above
shall not invalidate any hearing or proceeding held or to be held,
or any preliminary or final approval granted or to be granted from
August 7, 1991, until April 1, 1992.
d.
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. In addition, the Tax Assessor shall include on the list the names, addresses, and position of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection 13-703.4c2(f) of this section. The applicant shall be charged twenty-five ($0.25) cents per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list; and failure to give notice to any lot owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to subsection 13-703.4c2 above who do not reside within the Township.
e.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
[Ord. #09-028, § 5]
a.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Land Use Board and of any persons appearing by attorney, the action
taken by the Land Use Board, the findings, if any, made by it and
the reasons therefor. The minutes shall thereafter be made available,
after approval by the Board, for public inspection during the normal
business hours at the office of the Administrative Officer. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of such minutes. Such interested party shall be charged a reasonable
fee for the reproduction of the minutes.
b.
A verbatim recording shall be made of every hearing on an application
for development submitted to the Township. The recording of the proceedings
shall be made either by stenographer, mechanical or electrical means.
The municipality shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his/her expense.
The municipality, in furnishing a transcript or tape of the proceedings,
shall not charge such interested party more than the actual cost of
preparing the transcript or tape. Transcripts shall be certified in
writing by the transcriber to be accurate.
[Ord. #09-028, § 5]
a.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
b.
The Board shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
2.
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the Board voted to
grant or deny approval. Only the members of the Board who voted for
the action taken may vote on the memorializing resolution, and the
vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. If only one member who voted for the action attends
the meeting at which the resolution is presented for adoption, the
resolution may be adopted upon the vote of that member. An action
pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion
to approve an application) shall be memorialized by resolution as
provided above, with those members voting against the motion for approval
being the members eligible to vote on the memorializing resolution.
c.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in Section 13-704 of this chapter.
d.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys fees, shall be assessed
against the municipality.
e.
(Reserved)
f.
Conditional Approvals.
1.
Conditions Precedent. Whenever any application for development is
approved by the Board subject to specified conditions intended to
be fulfilled before the approval becomes effective, said approval
shall lapse and become null and void unless all specified conditions
are fulfilled within 190 days of the date the approval was granted
by the Board.
2.
Conditions Subsequent. Whenever any application for development is approved by the Board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to Section 13-902 of this chapter, then the failure to fulfill any such condition within six months from the date of the approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, construction permit, certificate of occupancy or any other approval until such condition is fulfilled.
3.
Nothing herein contained shall be construed as preventing the Board
from specifying a longer period of time within which any specific
condition must be fulfilled, or from granting, upon an ex parte application,
an extension of time for fulfilling a condition for good cause shown.
4.
The fulfillment of all conditions, precedent or subsequent, shall
be reported in writing to the Board, which may cause such reports
to be verified in an appropriate manner. Only upon fulfillment of
all conditions shall any subdivision plat or site plan be signed or
any required zoning permit, construction permit, occupancy permit
or other approval be issued.
[Ord. #09-028, § 6]
Any decision of the Land Use Board when acting upon an application
for development shall be given notice in the following manner:
a.
A copy of the decision shall be mailed by the appropriate Township
authority 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 within 10 days to any
interested party who has requested it and who has paid the fee prescribed
by the Township authority for such service.
b.
A brief notice of every final decision shall be published in the
official newspaper of the Township. Such publications shall be arranged
by the Secretary of the Land Use Board, without separate charge to
the applicant. The notice shall be sent to an official newspaper for
publication within 10 days of the date of any such decision.
c.
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 Township.
[Ord. No. 09-028, § 7]
a.
Any application for development which would have previously been
submitted to the Zoning Board of Adjustment, and which is made after
the effective date of this Ordinance, shall be submitted to the Land
Use Board pursuant to this chapter.
b.
Any application for development submitted to the Zoning Board of
Adjustment pursuant to lawful authority before the effective date
of this Ordinance, and is either deemed complete on or before December
31, 2009, or where notice was served on or before December 31, 2009,
may be continued at the option of the applicant, and the Zoning Board
of Adjustment shall have every power which it possessed before the
effective date of this Ordinance in regard to that application pursuant
to N.J.S.A. 40:55D-72.1. In such situation, the Board of Adjustment
shall have 45 days from the date the application was deemed complete
in which to hold the hearings and to render a decision on the particular
application. In the event the Board of Adjustment anticipates that
an application cannot be finally determined by the Board of Adjustment
within the 45 day period, the application should be immediately transferred
to the Land Use Board for immediate resumption of the application
process before the Land Use Board. Scheduling preferences shall be
given to such applications by the Land Use Board. With respect to
applications for which the public hearing has already been opened,
the applicant may consent to a transfer to the Land Use Board provided,
however, that the hearing process shall begin anew before the Land
Use Board.
[Ord. No. 09-028, § 8]
Upon final consideration of all applications for development pending before the Zoning Board of Adjustment on the effective date herein, subject to the provisions of Subsection 13-705, the Zoning Board of Adjustment shall be dissolved and any action thereafter by it shall be null and void.
[Ord. No. 09-028, § 9]
This Ordinance and the amendments to this chapter provided for
herein shall become effective as of January 1, 2010.
