The Planning Board and Board of Adjustment shall
adopt and may amend reasonable rules and regulations, not inconsistent
with the New Jersey Municipal Land Use Law, New Jersey Statute 40:55D-1
et. seq., for the administration of its functions, powers and duties
and shall furnish a copy thereof to any person upon request and may
charge a reasonable fee for such copy. Copies of all such rules and
regulations and amendments thereto shall be maintained in the Zoning
Office of the Township of Middle.
Application fees to be charged are as set forth in § 218-47 of this chapter. Application fees may be waived for charitable, philanthropic, fraternal, religious, nonprofit corporations having I.R.S. tax exemption status.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application.
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has either directly
or indirectly any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter.
A.
Scheduling.
(1)
The Planning Board and Zoning Board of Adjustment
shall fix the time and place for holding its regular meetings for
business authorized to be conducted. Regular meetings shall be scheduled
not less than once a month and shall be held as scheduled unless canceled
for lack of applications for development to process.
(2)
The Planning Board and Zoning Board of Adjustment
may provide for special meetings at the call of the Chairman or on
the request of any two of its members, which meetings shall be held
on notice to its members and the public in accordance with all applicable
legal requirements.
B.
Quorum. No action shall be taken at any meeting without
a quorum being present. All actions shall be taken by a majority of
the members present at the meeting except as otherwise required by
this chapter and N.J.S.A. 40:55D-32; N.J.S.A. 40:55D-34; N.J.S.A.
40:55D-62; N.J.S.A. 40:55D-63; N.J.S.A. 40:55D-17e; and N.J.S.A. 40:55D-26a
and b. 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.
C.
Meetings to be open to public. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with requirements as set forth in § 218-12 of this chapter. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
D.
Minutes. 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 Zoning Office.
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 may be charged
a reasonable fee for reproduction of the minutes for his use.
A.
Actions requiring hearing. The Planning Board or the
Board of Adjustment, as the case may be, shall hold a hearing on each
application for development. The Planning Board shall also hold a
hearing on the adoption, revision or amendment of a Master Plan, on
the adoption or amendment of a development regulation, an official
map or a capital improvement program.
B.
General procedures. The Planning Board or the Board
of Adjustment shall make the rules governing such hearings. Any maps
and documents for which approval is sought at a hearing shall be on
file and available for public inspection on the first day of the month
prior to the month in which the hearing will be held during normal
business hours in the Zoning Office. The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
[Amended 10-5-1995 by Ord. No. 942-95]
C.
Presentation of evidence.
(1)
The officer presiding at the hearing or such person
as he may designate shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c.38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(2)
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.
Testimony on an application must be through sworn witnesses. Attorneys
shall not be permitted to testify on behalf of their clients and may
not present a case without the requisite witnesses. All corporations
must be represented by an attorney at law of New Jersey in accordance
with the rules of the Superior Court of New Jersey.
[Amended 7-18-2005 by Ord. No. 1197-05]
(3)
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
D.
Recordings of proceedings. 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. Said transcript shall be certified in writing
by the transcriber to be accurate.
E.
Notice of decision.
(1)
Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon. The municipal agency shall provide the findings and
conclusions through:
(a)
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.
(b)
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 attorney's fees, shall be assessed against the municipality.
(2)
A copy of the decision shall be mailed by the Board
within 10 days of the date of the decision to the applicant or, if
represented, to his attorney without separate charge and to all who
request a copy of the decision for a reasonable fee. A copy of the
decision shall also be filed in the Zoning Office. The Board Secretary
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection during
reasonable hours.
(3)
A brief notice of the decision shall be published
in the official newspaper of Middle Township. Such publication shall
be arranged by the Secretary of the Board; provided, however, that
nothing in this chapter shall be construed as preventing the applicant
from arranging such publication if he so desires. The municipality
may make a reasonable charge for its publication. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
A.
Notice concerning applications for development.
(2)
Public notice of a hearing on an application for development
shall be given, except for minor subdivisions and final approval of
major subdivisions and site plans, provided that public notice shall
be given in the event that relief is requested pursuant to N.J.S.A.
40:55D-60 or 40:55D-76 as part of an application for development otherwise
excepted herein from public notice. Public notice is required for
minor site plan and site plan waiver applications. Public notice shall
also be given for appeals of determinations of the Zoning Officer
pursuant to N.J.S.A. 40:55D-70a and for requests for interpretations
of the Zoning Map and Zoning Ordinance[1] pursuant to N.J.S.A. 40:55D-70b. Public notice shall be
given by publication in the official newspaper of the municipality
and by service of notice as hereinafter provided.
[Amended 10-5-1995 by Ord. No. 942-95; 6-3-2002 by Ord. No. 1105-2002]
(3)
Service of notice.
(a)
Notice of a hearing requiring public notice pursuant to Subsection A shall be given to the owners of all 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 such hearing, provided that this requirement shall be deemed satisfied by notice to the:
(c)
Notice to a partnership 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.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership or 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 accounts of such common elements or areas.
(4)
Upon the written request of an applicant, the Zoning Officer shall make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection A(3) of this section. The applicant 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. The fee for said list shall be as set forth in the fee schedule contained in this chapter.
(5)
Notice of 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.
(6)
Notice shall be given by personal service or certified
mail to the Cape May County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(7)
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.
(8)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Board pursuant to § 218-11B of this chapter.
(9)
Public utilities, cable television companies and local
utilities.
(a)
Notice of hearings on applications for approval
of a major subdivision or any site plan or any site plan waiver 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 N.J.S.A. 40:55D-12.1, by 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 mailing
a copy thereof by certified mail to the person whose name appears
on the registration form at the address shown on that form.
[Amended 10-5-1995 by Ord. No. 942-95]
(b)
Every public utility, cable television company
and local utility interested in receiving notice pursuant to this
subsection may register with the Township, provided that the public
utility, cable television company or local utility has a right-of-way
or easement with 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.
(c)
The Zoning Officer of the Township shall adopt
a registration form, and the Township shall maintain a record of all
public utilities, cable television companies and local utilities which
have registered with the Township as above. 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. The information contained in the
registration form shall be made available to any applicant.
(d)
The Township may impose a registration fee of
$10 on any public utility, cable television company or local utility
which registers to receive notice pursuant to this section.
(e)
For the purposes of this section, public utility,
cable television company and local utility shall be defined as set
forth in N.J.S.A. 40:55D-3, N.J.S.A. 40:55D-4 and N.J.S.A. 40:55D-6.
(10)
The applicant shall file an affidavit of Proof
of Service and a Proof of Publication with the Board holding the hearing
on the application for development in the event that the applicant
is required to give notice pursuant to this section. Both the Affidavit
of Proof of Service and the Proof of Publication must be filed with
the Planning Board Secretary no less than five business days prior
to the date on which the hearing is to be conducted.
[Amended 10-5-1995 by Ord. No. 942-95]
B.
Notice concerning adoption of Master Plan. The Planning
Board shall give:
(1)
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of Middle Township at least 10 days prior
to the date of the hearing.
(2)
Notice of personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any such hearing.
(3)
Notice by personal service or certified mail to the
County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing. Such notice shall include a copy of any such proposed
Master Plan or any revision or amendment thereto.
(b)
Notice of the adoption, revision or amendment
of the Master Plan not more than 30 days after the date of such adoption,
revision or amendment, such notice to include a copy of the Master
Plan or revision or amendment thereto.
C.
Contents of hearing notice. Notices pursuant to § 218-12A and B of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 218-12A of this chapter, an identification of the property proposed for development by street address, if any, and by reference to tax 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 pursuant to § 218-11B.
A.
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail.
(1)
Notice by personal service or certified mail shall
be made to the Cape May County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearing.
(b)
Notice of the adoption, revision or amendment
of the municipal capital improvement program or Municipal Official
Map not more than 30 days after the date of such adoption, revision
or amendment.
(2)
Any notice provided for hereunder shall include a
copy of the proposed development regulation, the Municipal Official
Map or the municipal capital program or any proposed revision or amendment
thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
This chapter and other development regulations,
except for the Official Map, shall not take effect until a copy thereof
shall be filed with the Cape May County Planning Board. The Official
Map of Middle Township shall not take effect until filed with the
Cape May County Clerk. Copies of this chapter and any revisions or
amendments thereto shall be filed and maintained in the office of
the Township Clerk.
[1]
Editor's Note: Former § 218-15,
Appeals, of the Code of the Township of Middle, was repealed 6-5-2006
by Ord. No. 1224-06. Accordingly, there shall no longer be any right
to appeal Zoning Board of Adjustment N.J.S.A. 40:55D-70d approvals
to the Township Committee.
In the event that during the period of approval
heretofore or hereafter granted to an application for development
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
the Municipal Land Use Law or under any act repealed by the Municipal
Land Use Law, as the case may be, shall be suspended for the period
of time said legal action is pending or such directive or order is
in effect.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with the Municipal
Land Use Law and municipal development regulations, and, if such application
for development complies with municipal development regulations, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the Board, the Board shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the Board shall make a decision on any application for
development within the time period provided in the Municipal Land
Use Law or within an extension of such period as has been agreed to
by the applicant, unless the Board is prevented or relieved from so
acting by the operation of law.
