Township of Sandyston, NJ
Sussex County
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Table of Contents
Table of Contents
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
A. 
Pursuant to N.J.S.A. 40:55D-25c, there is hereby created ad established in the Township of Sandyston a Planning Board, entitled the Sandyston Township Planning Board, which will assume all statutory duties currently handled by the Sandyston Township Planning Board and the Sandyston Township Zoning Board of Adjustment.
B. 
The Sandyston Township Planning Board previously established under the laws of the Township of Sandyston and the laws of the State of New Jersey is hereby designated as the entity to assume all powers and responsibilities of the prior Zoning Board and to retain all powers and responsibilities previously held by the Planning Board.
C. 
The Sandyston Township Zoning Board of Adjustment previously established under the laws of the Township of Sandyston and the laws of the State of New Jersey be and the same is hereby abolished in a manner and within a time frame as more particularly set forth in this chapter.
D. 
Upon passage of Ordinance No. 4-96, the Sandyston Township Board of Adjustment shall not accept any new applications. It shall, however, continue consideration of pending applications that have been deemed complete by that Board and for which public hearings have been set and publicly noticed. In those situations, the Board shall have 90 days in which to hold hearings and to render a decision on the particular application. In the event that the Board anticipates that an application cannot be finally determined by the Board within the ninety-day period, the application should be immediately transferred to the Planning Board for immediate resumption of the application process before the Planning Board. Scheduling preferences shall be given to such application by the Planning Board.
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
A. 
The Sandyston Township Planning Board will consist of nine members and two alternate members, as appointed by the Mayor and Township Committee. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers given to Zoning Boards of Adjustment and Planning Boards, by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
The membership of the Planning Board shall be in accordance with N.J.S.A. 40:55D-23 and shall consist of the Mayor (Class I member); one official of the municipality (Class II member); one member of the governing body (Class III member); six citizens of the Township of Sandyston (Class IV members); and two alternate (Class IV members).
C. 
Appointment of all members and the term of all members shall be governed by N.J.S.A. 40:55D-23 and 40:55D-23.1, and the members shall organize pursuant to N.J.S.A. 40:55D-24. The term of the member composing Class I shall correspond with his official tenure. The term of the member composing Class II shall be for one year or shall terminate at the completion of his term of office, 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 terms shall be distributed evenly over the first four years after their appointment, as determined by resolution of the governing body; 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years. All terms shall run from January 1 of the year in which the appointment is made. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternates first appointed exceed two years.
D. 
The Class I and Class III members of the Planning Board shall not participate in the consideration of any applications made to the Board pursuant to N.J.S.A. 40:55D-70d.
If a vacancy in any class shall occur otherwise than by expiration of the term, it shall be filled by appointment, as above provided, for the unexpired term. Any member, other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
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 municipal employee designated by it.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
In addition, 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 governing body for its use.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A. 
To make and 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 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 the Site Plan Review Ordinance of the township in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. 
To hear applications for conditional uses and, in proper cases, to approve conditional use permits 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 of the Planning Board by state or federal law or regulations.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To prepare, from time to time, a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body.
G. 
To consider, and make a report to the governing body 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 to pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Variances or direction for issuance of permit.
[Amended 10-2-1980]
(1) 
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 a Zoning Board of Adjustment:
(a) 
Variances pursuant to Section 57c of Chapter 291 of the Laws of 1975, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(b) 
Direction pursuant to Section 25 of said act[2] for issuance of a permit for a 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]
[2]
Editor's Note: See N.J.S.A. 40:55D-34.
[3]
Editor's Note: See N.J.S.A. 40:55D-32.
(c) 
Direction pursuant to Section 27 of said act[4] for issuance of a permit for a building or structure not related to a street.
[4]
Editor's Note: See N.J.S.A. 40:55D-36.
(2) 
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.
(3) 
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 of 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 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.
[Added 10-3-1985]
I. 
To 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 or officers.
J. 
In addition to the powers stated above, the Planning Board shall exercise to the same extent, and subject to the same restrictions, all powers of a Zoning Board of Adjustment as said powers are enumerated and provided under the Municipal Land Use Law.[5]
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Minor subdivisions.
[Amended 10-2-1980]
(1) 
Minor subdivision approvals shall be granted or denied within 45 days of the date of certification of submission of a complete application or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of 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 applicant with the county recording officer, the Township Engineer and the Township 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.
(2) 
Whenever review or approval of the application by the County Planning Board is required, any approval granted by the Planning Board shall be conditioned upon timely receipt of a favorable report by the County Planning Board or approval by its failure to report thereon within the required time period.
B. 
Preliminary approval of 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 certification of completeness 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 certification of completeness 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.
[Amended 10-2-1980]
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 § 94-7H of this chapter, the Planning Board shall grant or deny approval of the application within 120 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.
[Amended 10-3-1985]
D. 
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of certification of completeness of an application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of the 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 the signing of the plat.
[Amended 10-2-1980]
[Amended 10-2-1980; 10-3-1985; 2-21-1986; 12-3-1987 by Ord. No. 13-87]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, shall be filed with the Secretary of the Planning Board. The applicant shall file, at least 21 days before the date of the monthly meeting of the Board, the required number of sketch plats, applications for minor subdivision approval, applications for major subdivision approval or applications 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 date set for the hearing, the applicant shall also file the required number of proposed subdivision maps and all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain from the Secretary of the Planning Board information as to what steps must be taken to initiate applications, as well as all necessary forms and a checklist, which has been adopted by ordinance, listing all information required in order for the application to be certified complete.[1]
[1]
Editor's Note: The universal application and its appendices were adopted 5-11-2010 by Ord. No. 2010-02 and are on file in the office of the Township Clerk.
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.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[1]
Editor's Note: Former §§ 94-11 through 94-16, which comprised part of former Art. II, Zoning Board of Adjustment, were repealed 7-2-1996 by Ord. No. 4-96. Adoption of said ordinance also resulted in the renumbering of the articles in this chapter.
[Amended 10-2-1980; 10-3-1985; 12-3-1987 by Ord. No. 11-1987; 7-2-1996 by Ord. No. 4-96]
A. 
Appeals to the Planning Board may be taken by any person aggrieved by an officer, department, board or bureau of the municipality because of a decision based on or made in the enforcement of the Zoning Ordinance. Each appeal shall be taken within the 20 days prescribed by law by filing a notice of appeal with the officer from whom the appeal is taken and by filing one copy of said notice with the Secretary of the Planning Board, along with the required number of copies of any supporting documents. Said notice shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from was taken.
B. 
Applications addressed to the original jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. At the time of filing the application, but in any event no less than 14 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other documents required by virtue of any provision of this chapter or rule of the Planning Board. The applicant shall obtain from the Secretary of the Planning Board information as to what steps must be taken to initiate applications, as well as all necessary forms and a checklist, which has been adopted by ordinance,[1] listing all information required in order for the application to be certified complete.
[1]
Editor's Note: The checklist, adopted 9-5-1965, is on file in the office of the Township Clerk.
C. 
An appeal stays all proceedings in furtherance of the action with respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been filed with him, 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 Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
[Amended 7-2-1996 by Ord. No. 4-96]
In exercising the above-mentioned power, the Planning Board may, in conformity with the provisions of P.L. 1975, c. 291, 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.
[Amended 7-2-1996 by Ord. No. 4-96]
Any variance from the terms of this chapter hereafter granted by the Planning Board 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 actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced, within nine months from the date of entry of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be extended from the date of filing an appeal from the decision of the Planning Board to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceedings.
[Amended 10-2-1980; 10-3-1985; 7-2-1996 by Ord. No. 4-96]
A. 
The Planning Board 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 an 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 requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(3) 
Hardship variances.
(a) 
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of any extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article 8 of P.L. 1975, c. 291, 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 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 purpose of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of P.L. 1975, c. 291; provided, however, that no variance from those departures enumerated in Subsection A(4)(a) of this section shall be granted under this subsection; and provided, further, 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 has power to review a request for a variance pursuant to Section 47a of P.L. 1975, c. 291, as amended (N.J.S.A. 40:55D-60a).
(4) 
Use variances.
(a) 
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of P.L. 1975, c. 291, to permit:
[1] 
A use or principal structure in a district restricted against such use or principal structure.
[2] 
An expansion of a nonconforming use.
[3] 
Deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), pertaining solely to a conditional use.
[4] 
An increase in the permitted floor area ratio, as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
[5] 
An increase in the permitted density, as defined in Section 3.1 of P.L. 1975, c. 291 (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 isolated, undersized lots or lots resulting from a minor subdivision.
(b) 
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
B. 
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 Planning Board shall act.
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
A. 
The Planning Board shall, in addition to the powers specified in § 94-20 of this Article, 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.
B. 
The Planning Board 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 P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:44D-67 whenever the proposed development requires approval by the Planning Board of a variance, pursuant to Subsection d of Section 57 of P.L. 1975, c. 291, (N.J.S.A. 40:55D-70d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approvals shall be granted unless such 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. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote pursuant to the aforesaid Subsection d of Section 57 shall not be required.
[1]
Editor's Note: Former § 94-22, Time limit for decisions, amended 10-2-1980, was repealed 7-2-1996 by Ord. No. 4-96.
[Amended 7-2-1996 by Ord. No. 4-96]
No member of the Planning Board 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.
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
A. 
Meetings of the Planning Board shall be scheduled no less often 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. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by any provisions of P.L. 1975, c. 291, as amended.
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, P.L. 1975, c. 231. An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Amended 7-2-1996 by Ord. No. 4-96]
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 Secretary of the Board. 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.
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
Fees for applications or the rendering of any service by the Planning Board or any member of the administrative staff shall be reasonable and shall be established by an ordinance of the township.[1]
[1]
Editor's Note: See Ch. 137, Subdivision and Site Plan Review, § 137-36, and Ch. 150, Zoning, § 150-63.
[Amended 7-2-1996 by Ord. No. 4-96]
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 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 the 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. The Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party, at his expense.
F. 
When any hearing before the Planning Board 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 a recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
[Added 10-3-1985; amended 7-2-1996 by Ord. No. 4-96]
A. 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for the purposes of commencing the applicable time period, unless:
(1) 
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant.[1]
[1]
Editor's Note: The checklist, adopted 9-5-1985, is on file in the office of the Township Clerk.
(2) 
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application.
B. 
The applicant may request that one or more of the submission requirements be waived, in which event, the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
[Amended 10-2-1980; 11-6-1980; 10-3-1985; 4-2-1987 by Ord. No. 3-87; 12-3-1987 by Ord. No. 12-87; 7-2-1996 by Ord. No. 4-96]
Whenever a hearing is required before the Planning Board on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., as amended, the applicant shall be responsible for all notices as required in this section.
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 serving a copy thereof on the owner, as shown on said current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said 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 B of this section 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 situate 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 Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed 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.
J. 
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 Municipal Clerk.
K. 
Notice pursuant to Subsections C, D, E and F of this section shall not be required unless public notice pursuant to Subsections A and B of this section is required. Notice under Subsections A and B is not required for:
(1) 
Minor subdivisions.
(2) 
Final approval pursuant to Section 38 of P.L. 1975, c. 291, as amended (N.J.S.A. 40:55D-50).
(3) 
Minor site plans as limited by § 137-13B of Chapter 137, Subdivision and Site Plan Review, as amended.
[Amended 10-2-1980; 7-2-1996 by Ord. No. 4-96]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of Sandyston Township shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, 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 § 94-29B of this chapter.
[Amended 10-2-1980; 10-3-1985; 7-2-1996 by Ord. No. 4-96]
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. The municipal agency shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the act 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 municipal agency 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 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. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; 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 by Subsections h and i of N.J.S.A. 40:55D-10. If the municipal agency 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 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.
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 Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
[Amended 7-2-1996 by Ord. No. 4-96]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 7-2-1996 by Ord. No. 4-96]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Added 10-2-1980; 7-2-1996 by Ord. No. 4-96]
A. 
A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B. 
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in P.L. 1977, c. 336, have been listed.
C. 
No municipal agency shall approve the application of any corporation or partnership which does not comply with the requirements of this section.