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Township of Lebanon, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lebanon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental and Open Space Commission — See Ch. 32.
Fees — See Ch. 205.
Flood damage prevention — See Ch. 220.
Subdivision of land — See Ch. 330.
Zoning — See Ch. 400.
[Adopted by Ord. No. 6-1976 (Sec. 16-1 of the 1985 Revised General Ordinances)]
Words and phrases used in this article shall be defined in the definition section of the Municipal Land Use Law, N.J.S.A. 40:55D-3 through 40:55D-8, the definition section of Chapter 400, Zoning, and the definition section of Chapter 330, Subdivision of Land.
[Amended by Ord. No. 5-1977; Ord. No. 13-1978]
A. 
The Zoning Board of Adjustment, heretofore established, is hereby continued subject to the provisions of N.J.S.A. 40:55D-69.
B. 
The Board of Adjustment shall consist of seven members and two alternate members. No member or alternate member may hold any elective office or position under the Township. Each member and alternate member shall be appointed by the Township Committee. Regular members shall be appointed for a term of four years running from January 1 of the year appointed; provided, however, that the terms shall be arranged so as to provide that not more than two terms shall expire in any one year. Alternate members shall be appointed for a term of two years running from January 1 of the year appointed.
C. 
Vacancies shall be filled by appointment of the Township Committee for the unexpired term. The Board shall elect its own Chairman and Vice Chairman from its membership, and select a Secretary who may be a member of the Zoning Board of Adjustment or a Township employee. The Chairman shall designate alternate members as "Alternate No. 1" and "Alternate No. 2" who shall serve in rotation during the absence or disqualification of any regular members.
D. 
Removal. All members of the Zoning Board of Adjustment shall be subject to removal for cause, upon written charges after notice of such charges and a public hearing by the Township Committee.
If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by § 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Any person who is serving as a member or alternate member of the Planning Board or Zoning Board of Adjustment on the first date on which a course in land use law and planning is offered by the Commissioner of Community Affairs shall be required to complete that course within 18 months of the date upon which the course is first offered in order to retain membership on that board.
B. 
No person shall be seated as a first-term member or alternate member of the Planning Board or Zoning Board of Adjustment unless the person agrees to take the basic course in land use law and planning offered by the Commissioner of Community Affairs, which the person shall successfully complete within 18 months of assuming board membership in order to retain board membership.
C. 
A hearing or proceeding held, or decision or recommendation made, by the Planning Board or Zoning Board of Adjustment shall not be invalidated if a member has participated in the hearing or proceeding or in the decisionmaking or recommendation and that member is subsequently found not to have completed the basic course in land use law and planning.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No member of the Board of Adjustment shall receive any compensation for his services on the Board.
[Amended by Ord. No. 10-1985; Ord. No. 13-1997]
A. 
The Board of Adjustment shall have the power to:
(1) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by a municipal official based on or made in enforcement of Chapter 400, Zoning.
(2) 
Hear and decide requests for interpretation of the Zoning Map or Chapter 400, Zoning, or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map regulation.
(3) 
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 an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
(b) 
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in § 400-2 of Chapter 400, Zoning, and the Municipal Land Use Law would be advanced by deviation from the requirements of Chapter 400, Zoning, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection; and provided, further, that no variance from those departures enumerated in Subsection A(4) 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 § 45-32 of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(4) 
Grant a variance to allow departure from zoning regulations (including but not limited to allowing a structure or use in a district restricted against such structure or use), in particular cases and for special reasons to permit:
(a) 
A use or principal structure in a district restrictive against such use or principal structure;
(b) 
An expansion of a nonconforming use;
(c) 
Deviation from a specification or standard pertaining solely to a conditional use;
(d) 
An increase in the permitted floor area ratio as defined in § 400-4, Definitions, of Chapter 400, Zoning; or
(e) 
An increase in the permitted density as defined in § 400-4, Definitions, except as applied to the required lot area for a lot or lots for detached one- and two-dwelling-unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by the affirmative vote of at least five members;
(f) 
The height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
B. 
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that 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 Chapter 400, Zoning.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The Board shall adopt such rules of procedure not inconsistent with the provisions of the Revised Statutes of New Jersey and local ordinances as it may deem necessary to the proper performance of its duties and the proper exercise of its powers.
The Board of Adjustment may employ, or contract for, and fix the compensation for legal counsel other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
[Amended by Ord. No. 10-1985]
A. 
The Board of Adjustment shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by the Board. Regular meetings shall be scheduled unless cancelled for lack of applications for development to process. The Board may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present.
(1) 
All actions shall be taken by a majority vote of a quorum present except as follows:
(a) 
Permit for buildings or structures in the bed of any street, public drainageway, flood control basin or public area shown on the Official Map: four affirmative votes;
(b) 
Grant a variance to allow departure from zoning regulations pursuant to § 45-6A(4): five affirmative votes.
(2) 
Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements noted above shall be deemed an action denying the application.
B. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations.
C. 
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 offices of the Board. 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.
[Amended by Ord. No. 10-1985; Ord. No. 25-1989; Ord. No. 2-1996]
A. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 400, Zoning, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal taken specifying the grounds of such appeal. The officer 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
C. 
Form.
(1) 
Whenever an application for development to the Board of Adjustment is permitted or required by this article, it shall be in such form, and accompanied by such maps, documents and materials as are prescribed by this article, and shall be submitted to the administrative officer in such numbers as is prescribed by rule of the Board.
(2) 
The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:
(a) 
Applicant's name, address and telephone number.
(b) 
Owner's name, address and telephone number.
(c) 
Interest of applicant in property.
(d) 
Ownership of applicant.
(e) 
Name, address and telephone number of applicant's attorney (if represented).
(f) 
Street address of property.
(g) 
Tax lot and block number of property.
(h) 
Zone district in which property is situated.
(i) 
Description of property.
(j) 
Description of proposed development.
(k) 
Type of application.
(l) 
Specific relief requested.
(m) 
Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.
(n) 
The applicant must sign a certification that there are no fines, monetary penalties, fees, escrows or any monies due and owing to Lebanon Township at the time the application is filed.
D. 
Completeness of applications. An application for development shall be complete for the purpose 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 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 provided to the applicant pursuant to § 45-38G;[2] and
[2]
Editor's Note: The Checklist may be found at the end of this chapter.
(2) 
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. 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 section, 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 revision in the accompanying documents so required by the municipal agency.
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
A. 
Upon the filing of any appeal as hereinafter provided, or other application in any matter or proceeding over which the Board of Adjustment shall have jurisdiction by law or ordinance, the Board shall hold a hearing on such appeal or application at the next meeting to be held not less than 15 days after the date of such filing.
B. 
The Board of Adjustment shall cause notice of the time and place of the hearing to be given to the appellant or applicant and a similar notice, stating the purpose of the hearing, to be published in the official newspaper of the Township at least 10 days prior to the hearing. All maps and documents pertaining to the hearing shall be on file and available for inspection at least 10 days prior to the date of the hearing at the offices of the Board during normal business hours.
C. 
Notice of a hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by:
(1) 
Serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property; or
(2) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
(a) 
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.
D. 
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. 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 sum set forth in Chapter 205, Article II, Fee Schedule, shall be charged for such list.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
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.
F. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application 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.
G. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application adjacent to a state highway.
H. 
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 Municipal Clerk pursuant to Subsection B.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
I. 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) requiring public notice pursuant to this article shall be given:[3]
(1) 
In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with § 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), by:
(a) 
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
(b) 
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(2) 
In the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, by:
(a) 
Serving a copy of the notice on the military facility commander whose name appears on the registration form; or
(b) 
Mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
J. 
The applicant shall file an affidavit of proof of service with the Board at the time of the hearing.
Any notice made by certified mail pursuant to § 45-12 shall be deemed complete upon mailing.
[Amended by Ord. No. 10-1985]
Fees for appeal or application review as provided in § 400-54D of Chapter 400, Zoning, shall accompany each appeal or application.
A. 
The Board of Adjustment shall render a decision not later than 120 days after the date:
(1) 
An appeal is taken from the decision of an administrative officer; or
(2) 
The submission of a complete application for a use variance.
B. 
Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
The notice of the decision of the Board of Adjustment upon each application shall be published in the official newspaper of the Township by the Secretary of the Board of Adjustment, and the period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
[Amended by Ord. No. 10-1985]
A. 
An appeal from any final decision of the Board of Adjustment with respect to an application under N.J.S.A. 40:55D-70d may be taken to the Township Committee, provided such appeal shall be made within 10 days of the date of publication of such decision of the Board of Adjustment. The appeal shall be in accordance with the provisions of N.J.S.A. 40:55D-17. No appeal to the Township Committee with respect to any other decision of the Board of Adjustment shall be permitted.
B. 
Time and manner of appeal; fee. Such appeal shall be made within 10 days after the date of publication of the decision pursuant to § 45-17 by serving upon the Municipal Clerk personally or by certified mail a notice of appeal specifying the grounds thereof and the name and address of the appellant and, if represented, his attorney, and certifying that a transcript of the proceedings below has been ordered, the date ordered and the name and address of the person from whom ordered. A copy of such notice shall also be filed by the applicant with the Board of Adjustment. The notice served upon the Municipal Clerk shall be accompanied by a payment to the Township of a fee of $50.
C. 
Proceedings stayed by appeal; exceptions. An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the Township Committee, after the notice of appeal has been filed with such Board, that by reason of facts stated in the certificate a stay would in the Board's opinion cause imminent peril to life or property, and in such a case proceedings shall not be stayed other than by order of the Superior Court on application upon notice to such Board and good cause shown.
D. 
Appeal to be decided on record; transcript.
(1) 
An appeal shall be decided by the Township Committee only upon the record established before the Board of Adjustment.
(2) 
The appellant shall:
(a) 
Within five days of service of the notice of appeal pursuant to Subsection A of this section, arrange for a transcript pursuant to Subsection B of this section for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcript, whichever is less; or
(b) 
Within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise, the Township Committee on its own motion or on motion of any person entitled to notice of the Board of Adjustment's decision after hearing upon at least 10 days a written notice to the appellant by the moving party, may dismiss the appeal.
E. 
Notice of meeting. Notice of the meeting to review the record shall be given by the Township Committee by personal service or certified mail to the applicant, to those entitled to notice of the Board of Adjustment's decision pursuant to § 45-12 and to the Board of Adjustment, at least 10 days prior to the date of the meeting.
F. 
Power to affirm, reverse or remand; vote required to affirm, reverse or remand. The Township Committee may affirm with or without the imposition of conditions, reverse or remand the final decision appealed from, and the affirmative vote of a majority of the full authorized membership of the Township Committee shall be necessary to reverse, remand or affirm with or without conditions the same.[1]
[1]
Editor's Note: Original Sec. 16-1.17, Site plan review fees, added by Ord. No. 8-1977, which previously followed this section, was repealed 4-18-2007 by Ord. No. 2007-7.
A. 
Temporary permits may be authorized by the Board of Adjustment after a hearing for a period not to exceed two years for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, and the assembly of building materials.
B. 
In addition, the Board of Adjustment after a hearing may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision, provided all of the following requirements are complied with:
(1) 
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board.
(2) 
The house is of substantially similar design as those houses to be sold within the subdivision.
(3) 
No business other than that accessory to the management and sales of the lands owned by the applicant shall be permitted.
(4) 
The dwelling house shall meet all other zoning restrictions of the zone in which it is located.
(5) 
The temporary certificate of occupancy issued under this subsection shall be for no longer that a two-year period. However, such permit may be renewed by the Board of Adjustment annually after a hearing.
[Amended 4-18-2007 by Ord. No. 2007-7; 8-4-2010 by Ord. No. 2010-11]
A. 
If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permit shall be secured and the authorized action of construction begun within 18 months after the date when the variance is finally granted or the issuance of the permit is finally approved or the other action by the appellant or applicant is authorized, and the structure, building or alteration (as the case may be) shall be completed within two years of the date of adoption of the resolution of approval. For good cause, the Board of Adjustment may, upon application in writing stating the reasons therefor, extend either the eighteen-month period or the two-year period. The written application for the extension shall be filed with the Board Secretary prior to the expiration of the eighteen-month or two-year period, as applicable.
B. 
Should the appellant or applicant fail to obtain the necessary permit or permits within such eighteen-month period, or having obtained the same, should he fail to commence work thereunder within such eighteen-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application, and all permissions, permits and variances granted shall be deemed automatically rescinded by the Board of Adjustment.
C. 
Should the appellant or applicant commence construction or alteration within said eighteen-month period, but should fail to complete such construction or alteration within said two-year period, the Board of Adjustment may, upon 10 days' notice in writing, rescind or revoke the granted variance, or the issuance of the permit or permits, or other action authorized to the appellant or applicant, if the Board of Adjustment finds that no good cause appears for the failure to complete the construction or alteration within such two-year period, and if the Board of Adjustment further finds that conditions have altered or changed in the time period since the granting of the variance, appeal, permit or action, that revocation or rescission of the action is justified.
[Added 4-20-2005 by Ord. No. 2005-08; amended 5-7-2008 by Ord. No. 2008-05]
The checklist for determining the completeness of applications for development before the Board of Adjustment, titled "Township of Lebanon Application Checklist," appears at the end of this chapter.
[Adopted by Ord. No. 5-1976 (Sec. 16-2 of the 1985 Revised General Ordinances)]
Words and phrases used in this article shall be as defined in the definition section of the Municipal Land Use Law, N.J.S.A. 40:55D-3 through N.J.S.A. 40:55D-8, the definition section of Chapter 400, Zoning, and the definition section of Chapter 330, Subdivision of Land.
The Planning Board heretofore established is hereby continued pursuant to the provisions of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.).
[Amended by Ord. No. 12-1978; Ord. No. 5-1991; 3-1-2006 by Ord. No. 2006-05]
A. 
The Planning Board shall consist of nine regular members and up to two alternate members, all of whom, except for the Class II members set forth below, shall be municipal residents. For purposes of appointment, the membership shall be divided and appointed as per the following classes:
[Amended 4-18-2007 by Ord. No. 2007-7]
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
(2) 
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor; provided that, if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this article in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
(3) 
Class III: a member of the Township Committee to be appointed by it.
(4) 
Class IV: other citizens of the municipality, to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other municipal office, position or employment, except that, in the case of nine-member boards, one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that, in the case of a nine-member board, one Class IV member may be a member of the Board of Education. If there be a municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
C. 
Alternate members. The Mayor may appoint up to two alternate members to the Planning Board in the same vein as Class IV members and shall be Township residents. The members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2". No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to § 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Amended by Ord. No. 12-1978; Ord. No. 5-1991; 3-1-2006 by Ord. No. 2006-05]
A. 
The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. Otherwise, the Class IV term of each such member shall be for four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. 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.
B. 
The terms of the Planning Board members shall commence on January 1.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve as temporary members of the Planning Board, for that matter only, in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Any person who is serving as a member or alternate member of the Planning Board or Zoning Board of Adjustment on the first date on which a course in land use law and planning is offered by the Commissioner of Community Affairs shall be required to complete that course within 18 months of the date upon which the course is first offered in order to retain membership on that board.
B. 
No person shall be seated as a first-term member or alternate member of the Planning Board or Zoning Board of Adjustment unless the person agrees to take the basic course in land use law and planning offered by the Commissioner of Community Affairs, which the person shall successfully complete within 18 months of assuming board membership in order to retain board membership.
C. 
A hearing or proceeding held, or decision or recommendation made, by the Planning Board or Zoning Board of Adjustment shall not be invalidated if a member has participated in the hearing or proceeding or in the decisionmaking or recommendation and that member is subsequently found not to have completed the basic course in land use law and planning.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The following persons shall be exempt from the education requirements set forth above in § 45-27:
A. 
The Mayor or person designated to serve on the Planning Board in the absence of a Mayor who serves as a Class I member.
B. 
A member of the governing body serving as a Class III member.
C. 
Any person who is licensed as a professional planner and maintains a certificate of license issued pursuant to Chapter 14A of Title 45 of the New Jersey Revised Statutes which is current as of the date upon which that person would otherwise be required to demonstrate compliance with the provisions of § 45-27.
D. 
Any person who offers proof of having completed a more extensive course in land use law and planning than that required by § 45-27 within 12 months of the date upon which that person would otherwise be required to demonstrate compliance and which, in the determination of the Commissioner, is equivalent to or more extensive than that course offered by the Commissioner of Community Affairs.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended by Ord. No. 12-1978; Ord. No. 5-1991]
A. 
The Planning Board is authorized to adopt bylaws governing its procedural operation.
B. 
The Planning Board shall elect a Chairman and Vice Chairman from the regular members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a Township employee, and create and fill such other office as may be established.
C. 
It may employ, or contract for, and fix the compensation of legal counsel, other than the Township Attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
D. 
All members of the Planning Board shall serve without compensation.
[Amended by Ord. No. 12-1978; Ord. No. 5-1991]
The regular and alternate Class IV members shall hold no other Township office, position, or employment, except as provided in § 45-24 hereof.
[Amended by Ord. No. 5-1991]
No member of the Planning Board shall be permitted to act any matter in which he has, either directly or indirectly, any personal or financial interest.
[Amended by Ord. No. 9-1985; Ord. No. 5-1991]
A. 
The Planning Board shall follow the provisions of N.J.S.A. 40:55D-1 et seq. and shall accordingly exercise its power in regard to:
(1) 
The Master Plan pursuant to Article 3 of said Act;
(2) 
Subdivision control and site plan review pursuant to Article 6 of said Act and Chapter 330, Subdivision of Land, and Chapter 400, Zoning;
(3) 
The Official Map pursuant to Article 5 of said Act;
(4) 
Chapter 400, Zoning, including conditional uses pursuant to Article 8 of said Act.
(a) 
The Planning Board has the power to grant approval for conditional uses meeting the specifications and standards for such uses as set forth in Chapter 400, Zoning. The applicant is required to affirmatively state in writing how all applicable conditions are met in the application. No variance to deviate from the standards and specification of a conditional use shall be granted by the Planning Board. In such cases, the Board of Adjustment is empowered to act in accordance with N.J.S.A. 40:55D-70d(3).
(5) 
The capital improvements program pursuant to Article 4 of said Act;
(6) 
Variances and certain building permits in conjunction with subdivision, site plan, and conditional use approval pursuant to Article 7 of said Act and § 330-14 of Chapter 330, Subdivision of Land.
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal law or regulation;
(2) 
Assemble data on a continuing basis as part of a continuous planning process; and
(3) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
[Amended by Ord. No. 9-1985]
A. 
The Planning Board shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan. 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 Planning Board. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
B. 
The Chairman of the Planning Board 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. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
The Planning Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
F. 
Actions at meetings; quorum. No actions except adjournments shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at such meeting, except as follows:
(1) 
Permit for buildings or structures in the bed of any street, public drainageway, flood control basin or public area shown on the Official Map: four affirmative votes.
(a) 
Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements cited above shall be deemed an action denying the application.
[Amended by Ord. No. 13-1997]
Notice of all hearings on applications for development shall be given by the applicant at least 10 days prior to the hearing.
A. 
Public notice shall be given by publication in the official newspaper of the Township.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
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.
C. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
D. 
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.
E. 
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 Municipal Clerk.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
Public notice of hearings shall be required in the case of preliminary major subdivisions; any variance; direction for issuance of a permit for a building or structure not related to a street; direction 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; all conditional uses; and all site plans.
G. 
Notice of a hearing requiring public notice shall be given by the applicant to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by:
(1) 
Serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property; or
(2) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
(a) 
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.
H. 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) requiring public notice pursuant to this article shall be given:[3]
(1) 
In the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with § 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), by:
(a) 
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
(b) 
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(2) 
In the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, by:
(a) 
Serving a copy of the notice on the military facility commander whose name appears on the registration form; or
(b) 
Mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
I. 
Upon the written request of an applicant, the office of the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to 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. A sum set forth in Chapter 205, Article II, Fee Schedule, shall be charged for such list.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
J. 
Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon mailing.
Such notice shall be given in accordance with:
A. 
Master Plan — N.J.S.A. 40:55D-13.
B. 
Capital Improvements Program or Official Map — N.J.S.A. 40:55D-15.
Contents of notice of hearing on application for development or adoption of Master Plan 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 an application for development, 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 Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 45-33A.
[Amended by Ord. No. 9-1985]
A. 
The decision of the Planning Board is to be reduced to writing and include findings and conclusions in a resolution of memorialization including time limitations.
(1) 
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application of development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(a) 
A resolution adopted at a meeting held within the time period provided in this chapter for action by the municipal agency on the application for development; or
(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 resulting from the failure of a motion to approve an application pursuant to this section 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 the purposes of the mailings, filings and publications required by Subsections C and D.
(2) 
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 attorney's fees, shall be assessed against the municipality.
B. 
Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for a hardship variance or special permit, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of the complete application to the administrative officer.
(1) 
In the event that the developer elects to submit a separate consecutive application pursuant to § 45-32, the aforesaid one-hundred-twenty-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in the Municipal Land Use Law.
C. 
A copy of the decision shall be mailed by the Planning Board within 10 days of the date of decision to the applicant, or if represented then 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 by the Planning Board in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
D. 
A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
[Amended by Ord. No. 9-1985; Ord. No. 25-1989; Ord. No. 14-1990; Ord. No. 5-1991; Ord. No. 2-1996]
A. 
Form. Whenever an application for development to the Planning Board or Board of Adjustment is permitted or required by this article, it shall be in such form and accompanied by such maps, documents and materials as are prescribed by this article, and shall be submitted to the administrative officer in such numbers as is prescribed by rule of the Board.
(1) 
The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:
(a) 
Applicant's name, address and telephone number.
(b) 
Owner's name, address and telephone number.
(c) 
Interest of applicant in property.
(d) 
Ownership of applicant.
(e) 
Name, address and telephone number of applicant's attorney (if represented).
(f) 
Street address of property.
(g) 
Tax lot and block number of property.
(h) 
Zone district in which property is situated.
(i) 
Description of property.
(j) 
Description of proposed development.
(k) 
Type of application.
(l) 
Specific relief requested.
(m) 
Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.
(n) 
The applicant must sign a certification that there are no fines, monetary penalties, fees, escrows or any monies due and owning to Lebanon Township at the time the application is filed.
B. 
Fees for application review as provided in Chapter 400, Zoning, shall accompany each application for development.
C. 
Availability of applications to Environmental Commission. If the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Township or region, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure to do so shall not invalidate any hearing or proceeding.
D. 
Applications for conditional uses; additional data. Each application for a conditional use shall include a request for any required site plan approval that is related thereto.
E. 
Informal review of concept plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer is directed to use the informal discussion guidelines form in preparing the concept plan application. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
F. 
Completeness of applications.
(1) 
An application for development shall be complete for the 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 expiration of the forty-five-day period for the purposes of commencing the applicable time period unless:
(a) 
The application lacks information indicated on a checklist provided to the applicant pursuant to Subsection G; and
(b) 
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
(2) 
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 section, 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 revision in the accompanying documents so required by the municipal agency.
G. 
Checklist. The checklist for determining the completeness of applications for development before the Planning Board, titled "Township of Lebanon Application Checklist," referred to in Subsection F, appears at the end of this chapter.
[Amended 4-20-2005 by Ord. No. 2005-08; 5-7-2008 by Ord. No. 2008-05]
[Amended by Ord. No. 4-1977; Ord. No. 12-1978]
No appeal from any decision of the Planning Board shall be taken to the Township Committee.