[Adopted 2-3-2009. Amendments noted where applicable.]
A.
Planning Board. The following provisions set forth the jurisdiction
of the Planning Board in the review of development applications:
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
Review by Planning Board in lieu of Zoning Board of Adjustment. Whenever
the proposed development requires approval of a subdivision, site
plan, or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, the Planning Board, in lieu of the Zoning Board of Adjustment,
to the same extent and subject to the same restrictions, shall receive,
review, and act upon applications for variances and the issuance of
permits pursuant to N.J.S.A. 40:55D-32, -34, -36 and -70c.
3.
Bifurcation of Application. A developer may elect to submit a separate
application requesting approval of variances and the issuance of permits
pursuant to N.J.S.A. 40:55D-32, -34, -36 and -70c and a subsequent
application for any required approval of a subdivision, site plan,
or conditional use. The separate approval of any variance or issuance
of permit shall be conditioned upon the grant of all required subsequent
approvals by the Planning 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 zoning ordinance, or where
a deviation would advance the purposes of the Master Plan and the
Land Use Ordinance and the benefits of the deviation would outweigh
the detriments. Whenever relief is requested pursuant to this subsection,
the public notice shall include a reference to the request for a variance
or direction for issuance of a permit, as the case may be.
4.
Grant variances pursuant to N.J.S.A. 40:55D-70c.
5.
Direct 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-34.
6.
Direct issuance of a permit for a building or structure not related
to a street pursuant to N.J.S.A. 40:55D-36.
B.
Zoning Board of Adjustment Action in Lieu of Planning Board. 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,
site plan, subdivision or conditional use approval when reviewing
an application for approval of a 'use variance" pursuant to N.J.S.A.
40:55D-70d.
A.
Meetings.
1.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled at least once a month, and any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process.
2.
Special meetings may be scheduled 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 the Open Public Meetings
Act, N.J.S.A. 10:4-6 et seq.
3.
Actions at meetings; quorum. All agenda items requiring action by
the Board, except adjournments, shall be taken with a quorum present.
4.
No action shall be taken on an application unless it has been declared complete pursuant to the requirements contained in Section 181-804. The Board may delegate the determination of completeness to a subcommittee or its designee.
5.
All actions shall be taken by a majority vote of the members present
at such meeting, except as otherwise provided in this Article. Failure
of a motion to receive the number of votes required to approve an
application for development shall be deemed an action denying the
application. A member of the Board who was absent for one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his or her absence from one or more of the meetings; provided, however,
that such a Board member has available to him or her the transcript
or recording of all the hearings from which he or she was absent,
and certifies in writing to the Board that he or she has read such
transcript or listened to such recording.
6.
All meetings shall be open to the public. 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. An executive session for the
purpose of discussing and studying any matters to come before the
agency shall not be deemed a regular meeting within the meaning of
this Ordinance.
B.
Records of the Board.
1.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning Board or Zoning Board of Adjustment, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available 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, as indicated in Article IX of this Ordinance.
2.
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made by either stenographer, mechanical
or electronic means. The municipality shall furnish a transcript or
duplicate recording in lieu thereof on request to any interested party
at his or her expense, provided that the charge for a transcript shall
not exceed the maximum amount permitted in N.J.S.A. 40:55D-10. Each
transcript shall be certified in writing by the transcriber to be
accurate.
A.
The Planning Board or Zoning Board of Adjustment, as the case may
be, shall hold a hearing on each application for development. Each
Board shall make the rules governing such hearings. Such rules shall
not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq.
or of this Ordinance.
B.
Any maps and documents for which approval is sought at a hearing shall be on file in the office of the Administrative Officer and available for public inspection during normal business hours at least 20 days before the date of the hearing. If maps or related material are to be revised as a result of any Planning Board meeting, the applicant shall file the appropriate number of copies in accordance with Section 181-802 of all revised maps and related material, with revision date noted on same, at least 20 days prior to the meeting of the Planning Board at which discussion and/or hearing is scheduled to take place.
C.
In the case of an application before the Zoning Board of Adjustment, the applicant shall file the appropriate number of copies in accordance with Article VIII of all revised maps and related material, with revision date noted on same, at least 20 days prior to the meeting of the Zoning Board of Adjustment at which discussion and/or hearing is scheduled to take place.
D.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
E.
The officer presiding at the hearing, or his or her designee, 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," N.J.S.A. 2A:67A-1 et seq.
shall apply.
F.
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.
G.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
A.
Findings and Conclusions. The municipal agency shall include findings
of fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in this section for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval.
Only the members of the Planning Board or Zoning Board of Adjustment 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. An action 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. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by Section 181-709 Notice of Decisions.
B.
Failure to Adopt Resolution. If the municipal agency fails to adopt
a resolution or memorializing resolution as hereinabove specified,
any interested person may appeal to the Superior Court in a summary
manner for an order compelling the municipal agency 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.
C.
Findings for Planned Developments. Prior to approval of a planned
development the Planning Board shall make the following findings and
conclusions pursuant to N.J.S.A. 40:55D-45:
1.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to this Article;
2.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location, and purpose of
the common open space are adequate;
3.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
4.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
5.
In the case of a proposed development that contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
The following public notice requirements shall apply to all
hearings of the Planning Board and Zoning Board of Adjustment:
A.
Notice Required. Public notice of a hearing shall be given for the
following applications for development:
1.
Any request for a variance (N.J.S.A. 40:55D-70c or d);
2.
Any request for conditional use approval;
3.
Any request for a certificate of non-conforming use (N.J.S.A. 40:55D-68).
4.
Any request for the issuance of a permit to build within the bed
of a mapped street or public drainage way or on a lot not abutting
a street (N.J.S.A. 40:55D-34 and -35);
5.
Any request for general development plan approval;
6.
Any request for preliminary subdivision approval;
7.
Any request for interpretation of the Land Use Ordinance or Zoning
Map pursuant to N.J.S.A. 40:55D-70b;
8.
Any request for preliminary site plan;
9.
Any request for site plan approval involving paragraphs 1 through
3 above;
10.
Any request for a zoning change not part of a general reexamination
of the Master Plan or Master Plan adoption;
11.
Appeals pursuant to N.J.S.A. 40:55D-70a.
C.
Public Notice for Variances. Public notice shall be given for applications
otherwise excepted from the requirements of public notice whenever
variance relief is requested.
D.
Classes of Notice. The secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, shall notify the applicant
at least two weeks prior to the public hearing for the subject application.
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.
By publication in the official newspaper of the municipality or in
a newspaper of general circulation in the municipality.
2.
To all owners of real property as shown on the current tax duplicate
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to a condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Notice shall be given
by serving a copy on the property owner, as shown on the current tax
duplicate, or his or her agent in charge of the property; or by mailing
a copy thereof by certified mail to the property owner at his or her
address as shown on the current tax duplicate. A return receipt must
be obtained.
3.
Notice to a partnership owner may be made by service upon any partner;
notice to a corporate owner may be made by service upon its president,
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowner's association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
4.
To the Clerk of any adjoining municipality or municipalities when
the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
5.
To the Monmouth County Planning Board by personal service or certified
mail when the application for development involves property adjacent
to an existing County road or proposed road shown on the County official
map or the County master plan or adjoins other County land, or is
situated within 200 feet of a municipal boundary.
6.
To the Commissioner of Transportation of the State of New Jersey
by personal service or certified mail when the property abuts a State
highway.
7.
To the State Planning Commission, by personal service or certified
mail when the hearing involves an application for 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 on file
with the Administrative Officer.
8.
To public utilities, local utilities, and cable television companies
when such entity possesses a right-of-way or easement within the municipality
and has registered with the municipality pursuant to N.J.S.A. 40:55D-12.1
by personal service or certified mail when the hearing involves a
major subdivision or major site plan application.
9.
Additionally, the applicant shall be responsible for giving proper
notice to all property owners who do not reside within the municipality.
E.
Property List. Under the written request of an applicant, the Tax
Assessor shall, within 10 days, make and certify a list from current
tax duplicates of names and addresses of owners within the municipality
to whom the applicant shall be charged the amount of $0.25 per name
or $10, whichever is greater and shall be entitled to rely upon the
information contained in such list, and failure to give notice to
any owner not on the list shall not invalidate any hearing or proceeding.
F.
Proof of Service. The applicant shall file an affidavit or proof
of service with the Planning Board or Zoning Board of Adjustment,
as the case may be.
G.
Contents of Notice. The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered, and
an identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Municipal Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
Development plans shall be so designed as to enhance the general
appearance of the Township and to promote the harmonious use of land;
to lessen congestion in the streets; to secure safety from fire, panic,
or other dangers; to promote the general health, safety, and welfare;
to provide adequate light and air; to prevent the overcrowding of
land, buildings and roadways by an undue concentration of population;
to encourage development which would facilitate pedestrian access
and the use of mass transit; to encourage creative development and
design consistent with the policies of the Master Plan of the Township
of Hazlet, and the regulations promulgated herein. Applications for
development shall be reviewed for meeting the standards for development
contained within this Ordinance and more particularly the following
specific objectives:
A.
Development Compatibility All development shall permit and encourage
only those uses of the land which, through the standards adopted in
this Ordinance, provide for flexibility in planning and development
and that respect the natural character of the land, the drainage system,
soil capabilities, groundwater and aquifer recharge quality, and to
include only those uses that are compatible with allowed uses in the
zoning district and existing uses on adjacent lands. Such compatibility
shall be determined on the basis of inventories of the natural features
of the site, plans indicating the physical relationship among types
of uses and any natural or manmade barriers, existing or planned,
between different uses both within and adjacent to the proposed development,
and sufficient information to determine the effect of such development
upon the quality of life of the Township of Hazlet.
B.
Relationship to Hazlet Master Plan All developments shall be planned
and designed to achieve the goals and objectives for land development
as are or may be set forth in the Hazlet Township Master Plan duly
adopted by the Planning Board with regard to conservation, historic
preservation, community facilities, parks/recreation/open space, affordable
housing, circulation, land use, economic development, and the goals
for development of adjacent municipalities, Monmouth County and the
State.
C.
Relationship to Township Development Patterns. All development shall
be planned and designed to achieve the Township goals of permitting
and encouraging a population density and a development pattern in
the municipality that facilitates the provision of public utilities
and services, including public water and public sewerage, storm drainage
systems, recreation areas, public schools, State, County, and local
roads, in an orderly, functional and economical manner.
D.
Conservation of Open Space. Common open space and adequate recreation
areas shall be set aside in suitable locations to provide for the
recreation needs of the residents and the owners of the development
and those portions of the project that, because of their natural features,
constitute important visual amenities and environmental resources.
Development is intended to create after completion a continuity of
open space resulting from the integration of upland, wetland, floodplain
and surface water areas in accordance with the goals and objectives
of the Master Plan.
E.
Appearance and Aesthetic Control. All development shall be planned
and designed to promote and achieve aesthetically pleasing views from
and to various land uses. The creation and promotion of such aesthetic
conditions shall strengthen and preserve the Township's unique environmental
heritage and promote the civic pride, prosperity, and general welfare
of the residents of the development, the municipality, and visitors
thereto.
F.
Review Guidelines. The following guidelines shall be used in the
review of any application for development or conditional use:
1.
Regard for Natural Features. All residential and nonresidential uses
shall be designed with regard to the topography and natural features
of the site. The effects of prevailing winds, seasonal temperatures
and hours of sunlight on the physical layout and form of the proposed
buildings shall be taken into account. Special consideration shall
be given to the preservation of natural features, including large
trees, stands of specimen vegetation, groves, waterways, aquifer recharge
areas, scenic, paleontological, archaeological, cultural, and historic
sites and other community assets within the site area, and the reduction
of impacts on wildlife. The development shall be designed and programmed
so as to minimize tree clearance and the destruction of natural amenities
associated with the same.
2.
Siting of Buildings. All housing and supporting uses shall be sited
so as to enhance privacy for residential uses, ensure natural light
for all principal residential rooms, and to the greatest extent possible
be designed to promote passive solar energy technology. Building layouts
shall be reviewed for arrangement, efficiency and aesthetic quality.
3.
Fiscal Impact. The fiscal costs to the Township and Board of Education
from providing services to the development shall be considered in
relation to the gain of revenue and its impact upon the municipal
and school board tax rates.
4.
Relationship to Community Facilities. Housing shall be conveniently
served by community facilities and open space.
G.
Circulation. The pedestrian and vehicular traffic movement within
and adjacent to the site with particular emphasis on the provision
and layout of parking areas, off-street loading and unloading, the
movement of people, goods and vehicles from access roads within the
site, between buildings and between buildings and vehicles. In particular,
the Board shall ensure compliance in site design with the Americans
with Disabilities Act, as it may be amended or superseded. The Board
shall ensure that all parking spaces are usable and are safely and
conveniently arranged. Access to the site from adjacent roads shall
be designed so as to interfere as little as possible with traffic
flow on these roads and to permit vehicles a rapid and safe ingress
and egress to the site. The circulation shall be consistent with Township,
County, and State requirements.
H.
Open Space. Open space within all planned unit developments shall
be planned and designed to achieve the Township goal of insuring that
adequate recreation areas are set aside in suitable locations to provide
for the recreation needs of the residents and owners of the planned
unit development; and that those portions of the Township that, because
of their natural features, constitute important visual amenities and
environmental resources are maintained in accordance with sound conservation
practice.
I.
Landscaping. Landscaping shall be reviewed for the ability to integrate
the site elements of topography, water, buildings, parking and loading
areas, and the buffering of incompatible uses. Landscaping shall be
reviewed for diversity, including species, function, sculpture, fencing,
walls, and other landscaping elements.
J.
Lighting. Adequate lighting for the function of the site shall be
reviewed for the safe movement and security of persons and vehicles.
Particular attention shall be made to the minimization of glare and
impact upon adjacent property.
K.
Signs. Signs shall be evaluated for the aesthetics of their design
and their harmony with other signs on- and off-site, the architectural
design of the building or buildings to which they relate and the type
of development or pattern of the built environment surrounding the
location of the sign or signs. The location of signs shall be reviewed
for the purpose of removing any hazard to pedestrians or motorists.
L.
Utilities, Solid Waste Management and Recycling. Storm drainage,
sanitary and solid waste disposal including recycling, water supply,
electricity supply, telephone and cable television service shall be
reviewed and considered. Emphasis shall be given on the adequacy of
existing systems and the need for improvements, both on- and off-site
to adequately provide for the development's needs.
M.
Compatibility of Residential and Nonresidential Development. Applications
for development and conditional uses shall be designed to assure the
compatibility of residential and nonresidential uses by:
1.
Providing commercial uses with appropriate space and, in particular,
sufficient depth from a street to satisfy the needs of contemporary
uses including the provision of adequately landscaped off-street parking,
buffer areas between commercial and residential use areas, pedestrian
and bicycle circulation systems connecting the commercial uses to
office, residential and open space uses;
2.
Protecting nonresidential development and nearby residences against
fire, explosions, toxic and noxious matter, radiation and other hazards,
and against offensive noise, vibration, smoke, dust and other particulate
matter, odorous matter, heat, humidity, glare and other objectionable
influences;
3.
Protect residential and nonresidential development from the noise,
exhaust emissions, and other negative aspects of congestion of vehicular
traffic.
A.
Appeals to the Zoning Board of Adjustment may be taken by an interested
party affected by any decision of the Administrative Officer of the
municipality based on or made in the enforcement of the zoning provisions
of this Ordinance 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 was taken, specifying the grounds of such 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.
A developer may file an application for development with the Zoning
Board of Adjustment for action under any of its powers without prior
application to the Administrative Officer.
C.
The Zoning Board of Adjustment shall grant or deny approval of the
application within 120 days after submission by an applicant of a
complete application to the Administrative Officer or within such
further time as may be consented to by the applicant. In the event
that the applicant elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance. The period for granting or denying any subsequent
approval shall be as otherwise provided in this Ordinance. Failure
of the Zoning Board of Adjustment 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 Zoning Board of
Adjustment 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.
[Repealed by Ord. No. 1571-2015]
A.
Effect of Variance Request. Whenever an application to the Planning
Board for approval of a subdivision plat, site plan, or conditional
use includes a request for a variance pursuant to N.J.S.A. 40:55D-70.C
or special permit, the Planning Board shall grant or deny approval
of the application within 120 days after the date of submission by
a developer of the complete application to the Administrative Officer
or within such further time as may be consented to by the applicant.
B.
Variance Bifurcation. In the event that an applicant elects to submit
separate consecutive applications, the 120 day limitation shall apply
to the application for approval of the variance pursuant to N.J.S.A.
40:55D-70c or special permit, and the period for granting or denying
any subsequent approval shall be as otherwise provided in this Ordinance.
Any decision of the Planning Board or Zoning Board of Adjustment
when acting upon an application for development and any decisions
of the Township Committee when acting upon an appeal shall be given
notice in the following manner:
A.
Mailing of Decision. A copy of the decision shall be mailed to the
applicant and to the appellant, if the appellant is a differing interested
party, or, if either or both is represented, then to the respective
attorney(s) without charge, and for a reasonable charge to any other
interested person who has requested it, not later than 10 days after
the date of the decision.
B.
Newspaper Notice of Decision. A brief notice of every final decision
shall be published in the official newspaper of the municipality.
Such publications shall be arranged by the Township Clerk without
separate charge to the applicant or to the appellant, if the appellant
is a differing interested party. The notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
A.
Expiration of Variances Any variance granted by the Land Use Board
pursuant to N.J.S.A. 40:55D-70.c or d shall expire within 12 months
of the adoption of the resolution authorizing the variance, unless
commencement of construction of each and every structure within such
development has begun within the twelve-month timeframe. The following
exceptions may apply:
1.
Any variance granted by the Land Use Board pursuant to N.J.S.A. 40:55D-70c
or d in conjunction with a site plan or subdivision approval shall
be subject to the terms of Article 6 of the MLUL.
2.
The twelve-month time period may be extended by the Land Use Board
for an additional six months upon showing of good cause.
B.
Timing of Bifurcated Applications. Where an applicant has elected
to bifurcate an application for a variance pursuant to N.J.S.A. 40:55D-70.d
and site plan or subdivision approval, the site plan or subdivision
application shall be submitted within 12 months of variance approval
or the variance approval shall be deemed expired.
[Ord. No. 1612-2017]
