A.
A Zoning Board of Adjustment heretofore created is
continued pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven
regular members and two alternate members, each of whom shall be residents
of Readington Township and be appointed by the governing body. The
members of the heretofore created Zoning Board of Adjustment are hereby
reappointed to serve their respective terms. The term of each regular
member shall be four years, and the term of each alternate member
shall be two years.
B.
Alternate members shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate
members may participate in the discussions of the proceedings but
may not vote except in the absence or disqualification of a regular
member. 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 is to vote, Alternate No. 1 shall
vote.
C.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by Section 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.
D.
No member of the Zoning Board of Adjustment shall
hold an elective office or position under the municipality.
E.
Any vacancy on said Board occurring other than by
expiration of term shall be filled by appointment by the governing
body of the municipality to serve for the unexpired term of the member
whose term shall become vacant. A member may be removed by the governing
body for cause, but only after public hearing, if requested, and other
requested procedural due process protections.
F.
Yearly, the Zoning Board of Adjustment shall organize
by selecting from among its regular members a Chairman and a Vice
Chairman. The Board shall also select a Secretary who may or may not
be a member of the Board or a municipal employee.
G.
The governing body, after giving due consideration
to budget requests that may be submitted by the Zoning Board of Adjustment,
shall make provisions in its budget and appropriate funds for the
expenses of the Zoning Board of Adjustment.
H.
The Office of Zoning Board of Adjustment Attorney
is hereby created. The Board of Adjustment may annually appoint to
such office and fix the compensation or rate of compensation of an
attorney at law of New Jersey other than the Municipal Attorney.
I.
The Zoning Board of Adjustment may also employ or
contract for and fix the compensation of such experts and other staff
and services as it may deem necessary. The Board, however, shall not
authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
The Zoning Board of Adjustment shall have the
power to:
A.
Error or refusal. Hear and decide appeals where it
is alleged by the applicant that there is an error in any order, requirement,
decision or refusal made by a Township official based on or made in
the enforcement or the zoning provisions of this chapter.
B.
Exceptions or interpretations. Hear and decide requests
for interpretation of the Zoning Map or the zoning provisions of this
chapter or for decisions upon other special questions upon which the
Board is authorized to pass by any zoning provisions of this chapter
or by any duly adopted Official Map.
C.
General bulk variances.
(1)
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 regulation
of this chapter would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship;
(2)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements; provided, however, that no variance from those departures enumerated in Subsection D hereinbelow (N.J.S.A. 40:55D-70d) 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 § 148-93H of this chapter (N.J.S.A. 40:55D-60a).
D.
Use variance, variances from conditional use standards and major specific bulk variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard set forth in this chapter as pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in § 148-9 of this chapter and in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in Article IV or Article V of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
F.
General provisions. No variance or other relief may
be granted under the terms 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 the zoning provisions of this chapter. An application
under this section may be referred to any appropriate person or agency,
other than the Planning Board, for its report, provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
G.
Other powers. The Zoning Board of Adjustment shall
have such other powers as prescribed by law, including but not limited
to the following:
(1)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-34 for the construction of a building or structure
within the bed of a mapped street or public drainageway, flood control
basin or public area as shown on a duly adopted Official Map of the
municipality whenever one or more parcels of land within said bed
cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public. The Board of Adjustment shall not exercise the power
otherwise granted by this section if the proposed development requires
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board has power to direct
the issuance of a permit pursuant to Subdivision b of N.J.S.A. 40:55D-60.
(2)
Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-36 for the construction of a building or structure
on a lot not abutting a street which is shown on a duly adopted Official
Map of the municipality or which is an existing state, county or municipal
street or highway; or a street shown upon a plat approved by the Municipal
Planning Board; or a street on a plat duty filed in the office of
the County Recording Officer. The Board may grant such relief only
when the enforcement of the statute requirement that a building lot
abut a street would entail practical difficulty or unnecessary hardship
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire-fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the general circulation plan
element of the Municipal Master Plan. The Board of Adjustment shall
not exercise the power otherwise granted by this section if the proposed
development requires approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board has power to direct the issuance of a permit pursuant to Subdivision
c of N.J.S.A. 40:55D-60.
(3)
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection D of this section. 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 a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval 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 the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question and the special vote pursuant to Subsection D of this section shall not be required.
H.
Annual report on variances. The Zoning Board of Adjustment
shall, at least once a year, review its decisions on applications
and appeals for variances and prepare and adopt by resolution a report
of its findings on Zoning Ordinance provisions which were the subject
of variance requests and its recommendations for Zoning Ordinance
amendment or revisions, if any. The Zoning Board of Adjustment shall
send copies of the report and resolution to the governing body and
Planning Board.
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party affected by any decision of a municipal official
of the municipality based on or made in the enforcement of the zoning
provisions of this chapter or a duly adopted Official Map. Such appeal
shall be taken within 20 days by filing a notice of appeal with the
official from whom the appeal is taken, with three copies of the notice
given to the Secretary of the Zoning Board of Adjustment. The notice
shall specify the grounds for the appeal. The official from whom the
appeal is taken shall immediately transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
B.
The Zoning 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 powers of the municipal official from whom the appeal is taken.
C.
An appeal to the Zoning Board of Adjustment shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the municipal official
from whose action the appeal is taken certifies to the Zoning 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 municipal official from whom the
appeal is taken and due cause shown.
D.
A developer may file an application for development
with the Zoning Board of Adjustment for action under any of its powers
without prior application to a municipal official.
E.
The Zoning Board of Adjustment shall act upon any
appeal or any application for development within 120 days either from
the date the appeal is taken from the decision of the municipal official
or from the date the application is certified as a complete application,
as the case may be, or within such further time as may be consented
to by the applicant, except that when an applicant elects to submit
separate consecutive applications for use variance approval and site
plan, subdivision or conditional use approval, the one-hundred-twenty-day
time period for action shall apply to the application for approval
of the use variance and the time period for granting or denying any
subsequent approval shall be as otherwise provided in this chapter.
A.
The Planning Board heretofore created is continued,
consisting of nine regular and may include two alternate members.
The Planning Board members shall be chosen from the following four
classes:
(1)
Class I: The Mayor.
(2)
Class II: One of the officials of the Township other
than a member of the governing body, to be appointed by the Mayor,
provided that if there is an Environmental Commission, the member
of the Environmental Commission who is also a member of the Planning
Board, as required by P.L. 1976, c. 245, N.J.S.A. 40:56A-1, shall
be deemed to be the Class II Planning Board member for purposes of
this act in the event that there is among the Class IV members of
the Planning Board both a member of the 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 Regular: Six other citizens of the municipality
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member may be a member of
the Zoning Board of Adjustment (or Historic Preservation Commission
if one exists). One Planning Board Member may be a member of the Board
of Education. A member of the Environmental Commission who is also
a member of the Planning Board as required by N.J.S.A. 40:56A shall
be a Class IV Planning Board member unless there is among the Class
IV regular or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment (or Historic Preservation Commission
if one exists) and a member of the Board of Education, in which case
the member of the Environmental Commission shall be deemed to be the
Class II member of the Planning Board.
(5)
Class IV Alternate Members: Two other citizens of
the municipality may be appointed by the Mayor. Alternate members
shall meet the qualifications of Class IV regular members and shall
be designated by the Mayor at the time of their appointment as "Alternate
No. 1" and "Alternate No. 2."
B.
The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II (or Class IV) member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term as a member of the Environmental Commission,
whichever comes first.
C.
All present Class IV members of the Planning Board
shall continue in office until the completion of the terms for which
they were appointed. The term of a Class IV member who is also a member
of the Zoning Board of Adjustment (or Historic Preservation Commission
if one exists) or the Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his or her Class IV term, whichever comes first.
D.
The terms of Class IV regular members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent the expiration of such term shall be evenly distributed
over the first four years. Thereafter the term of each Class IV regular
member shall be four years. All terms shall run from January 1 of
the year in which the appointment is made.
E.
The terms of the Class IV alternate members shall
be 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 any one year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years.
All terms shall run from January 1 of the year in which the appointment
is made.
F.
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. 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.
G.
If a vacancy of any class shall occur otherwise than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member
may be removed by the governing body for cause but only after public
hearing, if requested, and other requested procedural due process
protection.
H.
If the Planning Board lacks a quorum because any of
its regular or alternate members is prohibited by 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,
for that matter only, as temporary members of the Planning Board 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.
I.
Yearly, the Planning Board shall organize by selecting
from among its Class IV regular members a Chairman and a Vice Chairman.
The Board shall also select a Secretary who may or may not be a member
of the Board or an employee of the Township.
J.
The governing body, after giving due consideration
to budget requests that may be submitted by the Planning Board, shall
make provisions in its budget and appropriate funds for the expenses
of the Planning Board.
K.
The office of Planning Board attorney is hereby created.
The Planning Board may appoint to such office and fix compensation
or rate of compensation of an attorney at law of New Jersey other
than the Township Attorney.
L.
The Planning Board may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
M.
After the appointment of a Planning Board, the Mayor
may appoint one or more persons as a Citizens Advisory Committee to
assist or collaborate with the Planning Board in its duties, but such
person(s) shall have no power to vote or take other action required
of the Board. Such person(s) shall serve at the pleasure of the Mayor.
N.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and to the Board of Adjustment
an index of the natural resources of the municipality, the Planning
Board or Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either Board. Failure of the Planning Board or Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
The Planning Board shall have the powers listed
below in addition to other powers established by law:
A.
Make, adopt and, from time to time, amend a Master
Plan for the physical development of the Township, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relationship to the planning of the Township.
B.
Administer the subdivision and site plan review provisions
of this chapter in accordance with the applicable provisions of said
chapter.
C.
Hear and decide applications for conditional uses
in accordance with the applicable provisions of this chapter.
D.
Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
E.
Assemble data on a continuing basis as part of a continuous
planning process.
F.
Annually, at the request of the Township Committee,
prepare a program of municipal capital improvements projects projected
over a term of six years and recommend the same to the Township Committee.
G.
Consider and report to the Township Committee within
35 days after referral as to any proposed development regulation submitted
to it and also pass upon other matters specifically referred to the
Planning Board by the Township Committee.
H.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to § 148-90D of this chapter (N.J.S.A. 40:55D-70d), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(2)
Direction pursuant to § 148-90G(1) of this chapter (N.J.S.A. 40:55D-34) for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to § 148-90G(2) of this chapter (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
I.
Whenever relief is requested pursuant to this section,
notice of the hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit, as the case may be.
J.
The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval for
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
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 the zoning provisions of this chapter.
A.
Conflicts of interest. No regular or alternate 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 or participate with the Board as a Board
member on such matter nor participate in any discussion or decision
relating thereto.
B.
Meetings.
(1)
Meetings of both the Planning Board and the Zoning
Board of Adjustment shall be scheduled no less than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
(2)
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.
(3)
No action shall be taken at any meeting without a
quorum being present, said quorum to be the majority of the full authorized
membership of the Board.
(4)
All actions shall be taken by majority vote of the
members of the Board present at the meeting except as otherwise required
by a provision of N.J.S.A. 40:55D-1 et seq. A member of the Board
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on a 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 the transcript or recording of all of the hearing from which
he was absent and certifies in writing to the Board that he has read
such transcript or listened to such recording.
(5)
All regular meetings and all special meetings shall
be open to the public, except as provided in the Open Public Meeting
Law, c. 231, Laws of New Jersey, 1975. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meeting Law, c. 231, Laws of New Jersey, 1975.
C.
Public hearings.
(1)
The Planning Board or the Zoning Board of Adjustment,
as the case may be, shall hold a hearing on each application for development.
Each Board shall make rules governing such hearings.
(2)
Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Administrative Officer. The applicant may
produce any documents, records or testimony at a hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearings, or such person
as he may designate, shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer or such other person as he may designate and the right of
cross-examination shall be permitted to all interested parties through
their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and reasonable
limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
D.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for the
following applications.
(a)
Any request to hear and decide appeals in accordance
with 40:55D-70a;
(b)
Any requests for an interpretation in accordance
with 40:55D-70b;
(c)
Any request for a variance;
(d)
Any request for conditional use approval;
(e)
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway on a lot not abutting a street [see § 148-90G(1) and (2)];
(f)
Any request for site plan and/or subdivision
approval involving one or more of the aforesaid elements;
(g)
Any request for preliminary approval of a major
subdivision and/or preliminary major site plan; and
(h)
Any request for approval of a planned development.
(2)
The Secretary of the Planning Board or the Zoning
Board of Adjustment, as the case may be, shall notify the applicant
at least two weeks prior to the public hearing at which the application
will be discussed. Notice of a hearing requiring public notice shall
be given by the applicant at least 10 days prior to the date of the
hearing in the following manner:
(a)
By publication in an official newspaper of the
Township, if there is one, or in a newspaper of general circulation
in the Township in the absence of an official newspaper.
(b)
By notification by personal service or certified
mail to the following. An affidavit of proof of the giving of the
required notice shall be filed by the applicant with the municipal
agency at, or prior to, the hearing. It is not required that a return
receipt is obtained; notice is deemed complete upon mailing (N.J.S.A.
40:55D-14).
[1]
To all owners of real property as shown on the
current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of the hearing,
provided that this requirement shall be deemed satisfied by notice
to the whose unit has a unit above or below it or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it.
[a]
Notice to a partnership owner may
be made by service upon any partner.
[b]
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 to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas.
[2]
To the Clerk of any adjoining municipality or
municipalities when the property involved is located within 200 feet
of said adjoining municipality or municipalities.
[3]
To the Hunterdon County Planning Board when
the application for development involves property adjacent to an existing
county road or proposed road as shown on the County Official Map or
County Master Plan, adjoining other county land or situated within
200 feet of a municipality boundary.
[4]
To the Commissioner of Transportation of the
State of New Jersey when the property abuts a state highway.
[5]
To the Director of the State Planning Commission
when the hearing involves an application for the development of property
which exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be filed
with the Township.
(c)
Upon the written request of an applicant, the Office of Code Enforcement shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to § 148-94D(2)(b) above who do not reside within the Township.
(d)
The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered and
an identification of the property proposed for development by street
address, if any, and by reference to lot and block numbers as shown
on the current tax duplicate in the Township Tax Assessor's office
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
E.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in § 148-104 of this chapter.
(2)
A verbatim recording shall be made of every hearing.
The recording of the proceedings shall be made either by stenographer,
mechanical or electrical means. The municipality shall furnish a transcript
or duplicate recording in lieu thereof on request to any interested
party at his expense, provided that the charge for a transcript shall
not exceed the maximum amount permitted in N.J.S.A. 2A:11-15,[1] and as indicated in § 148-104 of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 49, § 4.
F.
Decisions.
(1)
Each decision on any application for development shall
be reduced to writing by the Board and shall include findings of facts
and conclusions based thereon.
(2)
The Board 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 Board on
the application for development; or
(b)
A memorializing resolution adopted at a meeting
held no later than 45 days after the date of the meeting at which
the Board voted to grant or deny approval. Only the members of the
Board who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which 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.
(3)
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in § 148-96 of this chapter and for tolling the time of approval and the period of protection that the approval provides.
(4)
If the Board fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the Board to reduce its findings and conclusions to writing within
a stated time, and the cost of the application, including attorneys
fees, shall be assessed against the municipality.
G.
Variance time limitations. Any variance from the terms of § 148-90C (40:55D-70c) or § 148-90D (40:55D-70d) granted by the Zoning Board of Adjustment or the Planning Board permitting the erection or alteration of any structure or structures or permitting specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the Zoning Board of Adjustment or Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment to the governing body or to a court of jurisdiction for such appeal or proceeding. In the event that a site plan or subdivision is granted in connection with the variance, the time limitation of the variance shall be extended to coincide with the term of approval of the site plan or subdivision and permitted extensions of time if granted (see N.J.S.A. 40:55D-47, 40:55D-49 and 40:55D-52 for these time limitations).
H.
Conditional approvals.
(1)
Effective date of approval. The date of the memorialization
of the resolution shall be the effective date of conditional approvals
and shall start the tolling of the time period of the approval.
(2)
Conditions subsequent. Whenever any application for
development receives preliminary or final approval subject to conditions
which by their terms are incapable of being fulfilled or are not required
to be fulfilled prior to final approval of the application, the performance
of which are not guaranteed by bonds or security of any type, such
conditions subsequent being defined to include but not limited to
those required by the Hunterdon County Planning Board, approvals to
be issued by third party governmental agencies/entities such as the
Department of Environmental Protection and Energy, the Hunterdon County
Soil Conservation District and any sewerage authority, failure to
fulfill any of such conditions within 180 days from the date of final
approval of the application for development shall be grounds for the
issuance of a stop-work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
(3)
The date of preliminary or final approval of a development
application subject to conditions subsequent shall be the date on
which the relevant planning agency or the Board of Adjustment adopted
its resolution of memorialization on the development approving same
and shall be the date from which the six-month time period commences.
(4)
The fulfillment of all conditions shall be reported
in writing to the municipal agency which may cause such reports to
be verified in an appropriate manner. Only upon the fulfillment of
all conditions shall any subdivision map or site plan be signed or
any required building permit, occupancy permit, zoning permit or other
required approval be issued.
(5)
Nothing herein contained shall be construed as preventing
the municipal agency from specifying a longer period of time in which
any specific condition must be fulfilled or from granting, upon an
ex parte application, an extension of time. The Board shall grant
an extension of this period for a period determined by the Board if
the developer proves to the reasonable satisfaction of the Board that
the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other governmental entities and that the developer
applied promptly for and diligently pursued the approvals. A developer
shall apply for this extension before what would otherwise be the
expiration date. Each such extension shall be for a minimum of 30
days to a maximum of 90 days.
(6)
Nothing herein contained shall be construed as limiting
an applicant's statutory rights under N.J.S.A. 40:55D-47, 40:55D-49
and/or 40:55D-52, the vesting of which pursuant to the above statute
shall commence on the effective date of preliminary and/or final approval,
whichever the case may be.
A.
Any interested party may appeal to the Township Committee any final decision of the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A. 40:55D-70d and § 148-90D of this chapter. Notwithstanding the aforesaid right of appeal to the Township Committee, any party has the right to obtain a review of such Zoning Board of Adjustment decision by any court of competent jurisdiction according to law.
B.
Any appeal to the Township Committee shall be made within 10 days of the date of publication of such final decision pursuant to § 148-96 of this chapter. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.
C.
The appellant shall either, within five days of serving
notice of the appeal, arrange for a transcript and six copies thereof
for use by the Township Committee and pay a deposit of $50 or the
estimated cost for such transcription, whichever is less, provided
that the charge by the Township to the applicant for the transcript
shall not exceed the maximum permitted in N.J.S.A. 2A:11-15;[1] or, within 35 days of serving notice of the appeal, submit
a transcript to the Township Clerk for use by the Township Committee.
Should the appellant neither arrange for or submit a transcript as
provided hereinabove, the Township Committee may dismiss the appeal
for failure to prosecute. All transcripts shall be certified in writing
by the transcriber to be accurate.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 49, § 4.
D.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 148-96 of this chapter and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The appeal shall be decided by the Township Committee only upon the record established by the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Township Committee meeting, and the Township Committee shall provide and pay for verbatim recording and transcripts of such Township Committee meeting.
E.
The Township Committee shall conclude a review of
the record below not later than 95 days from the publication of the
notice of the subject decision of the Zoning Board of Adjustment,
unless the appellant consents in writing to an extension of such time
period. Failure of the Township Committee to hold a hearing and conclude
a review of the record below and to render a decision within such
specified period without such written consent of the appellant shall
constitute a decision affirming the action of the Zoning Board of
Adjustment.
F.
The Township Committee may reverse, remand or affirm,
with or without conditions, the final decision of the Zoning Board
of Adjustment being appealed. The affirmative vote of three members
of the Township Committee shall be necessary to reverse or remand
to the Zoning Board of Adjustment or to impose conditions or alter
the aforesaid final decision. In the event that an affirmative vote
of three members of the Township Committee is not obtained, the aforesaid
final decision shall be deemed affirmed without change.
G.
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 Zoning Board of Adjustment certifies
to the Township Committee, after the notice of appeal has been filed
with the Board, that by reasons of facts stated in the certificate
a stay would, in its 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 on application upon notice to the Zoning Board
of Adjustment and on good cause shown.
Any decision of the Planning Board or the Zoning
Board of Adjustment when acting upon an application for development
and any decision of the Township Committee when acting upon an appeal
shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the appropriate
Township authority within 10 days of the date of decision to the applicant
or appellant, or if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Township authority for such service.
B.
The Administrative Officer shall cause a brief notice
of every decision of the Planning Board, Zoning Board of Adjustment
or Township Committee, as the case may be, to be published in the
official newspaper of Readington Township, the cost of such publication
to be charged to the applicant's escrow account. Such notice shall
be sent to the official newspaper within 10 days of the date of the
decision.
C.
A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township, as indicated in § 148-104 of this chapter.