Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 proceedings shall not be stayed other than by an order of the Superior Court of New Jersey, upon notice to the Zoning Officer and on due cause shown. d. Pursuant to N.J.S.A. 40:55D-75 the Zoning Board of Adjustment, in connection with appeals from the Zoning Officer, 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 shall have all the powers of the Zoning Officer. (Ord. No. 904-88 § 25-8.3I) 25-47.10 Removal of Members. a. A regular or alternate member may be removed from the Zoning Board of Adjustment by the Governing Body for cause. Any member sought to be removed shall be entitled to a public hearing if he or she so requests. b. For purposes of this subsection absence by a regular or alternate member from four (4) consecutive regular meetings of the Zoning Board of Adjustment, without being previously excused by the Chairperson, shall be deemed to be a just cause for removal. (Ord. No. 904-88 § 25-8.3J; Ord. No. 1019-90 § 1) 25-48 PROVISIONS APPLICABLE TO BOTH PLANNING BOARD AND THE ZONING BOARD OF ADJUSTMENT. 25-48.1 Conflicts of Interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which such member has, either directly or indirectly, any personal, pecuniary or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, such member shall not continue to sit with the Board on the hearing of the matter nor participate on any discussion or decision relating thereto. (Ord. No. 904-88 § 25-8.4A) 25-48.2 Meetings. a. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process. b. Special meetings may be held at the call of the Chairman or on the request, in writing, of any two (2) board members. Such meetings shall be held on notice to its members and the public in accordance with law. c. Except as otherwise provided by N.J.S.A. 40:55D-1 et seq., all actions

wo (2) board members. Such meetings shall be held on notice to its members and the public in accordance with law. c. Except as otherwise provided by N.J.S.A. 40:55D-1 et seq., all actions shall be taken by a majority vote of those members present at any meeting; provided that no action shall be taken at any meeting unless a quorum is present. d. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. (Ord. No. 904-88 § 25-8.4B) 25-48.3 Minutes and Records. a. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearance and addressing the Board and of persons appearing by attorney, the action taken by the Board, the findings and reasons therefore. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the 222

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Township Clerk. Any interested party upon request may obtain a photocopy of such minutes upon payment of the usual fee charged by the Township Clerk for such services. b. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Upon the request of any interested party, and the payment of the costs therefore by such party, the Board shall furnish a transcript, or duplicate recording in lieu thereof, of any hearing before such Board. (Ord. No. 904-88 § 25-8.4C) 25-48.4 Testimony and Oaths. a. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer. The right to cross-examine witnesses shall be afforded to all interested parties through their attorneys, or directly if not so represented, subject to the discretion of the presiding officer and to reasonable limitations in accordance with due process of law. b. The chairman of each Board, or such person as he or she may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of documents in accordance with the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. (Ord. No. 904-88 § 25-8.4D) 25-48.5 Notice Requirements. Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1, or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows: a. Public notice shall be given by publication in the West Orange Chronicle or the Newark Star LedgerStar-Ledger at least ten (10) days prior to the date of the hearing. b. Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing, whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by: 1. Serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or 2. Mailing a copy thereof by

otice shall be given by: 1. Serving a copy thereof on the 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 return receipt shall not be required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. c. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to subsection 27-5.5b, to the owners of lands in the adjoining municipality which are located within two hundred (200) feet of the subject premises. d. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road or proposed road shown on the official County map or on the County Master Plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary. 223

DRAFT PROPOSED REVISIONS – OCTOBER 2011 e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway. f. Notice shall be given by personal service or certified mail to the Department of Community Affairs of a hearing on an application for development of property which shall exceed one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to N.J.S.A. 40:55D-106. g. All notices hereinabove specified in this subsection shall be given at least ten (10) days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development. h. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14. i. All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law. (Ord. No. 904-88 § 25-8.4E) 25-48.6 List of Property Owners. Pursuant to N.J.S.A. 40:55D-12c, the tax assessor shall, within seven (7) days after receipt of a request therefore, and upon payment of a ten ($10.00) dollar fee, make and certify a list from the current tax duplicate of the names and addresses of all owners to whom the applicant is required to give notice pursuant to this chapter. (Ord. No. 904-88 § 25-8.4F) 25-48.7 Decisions. a. The Planning Board or Zoning Board of Adjustment shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through: 1. A resolution

based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through: 1. A resolution adopted at a meeting held within the time period provided in the act for action by the Board on the application for development; or 2. A memorializing resolution adopted at a meeting held not later than forty-five (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 vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 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 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 the purpose of the mailings, filings and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as herein 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 attorney's fees, shall be assessed against the Township. 224

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. A copy of the decision shall be mailed by the Board within ten (10) days of the date of the decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the clerk, who shall make a copy of such filed decision available to any interested party upon payment of fee calculated in the same manner as those established for copies of other public documents in the ownership. c. A brief notice of every final decision shall be published in the West Orange Chronicle or the Newark Star LedgerStar-Ledger. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision. (Ord. No. 904-88 § 25-8.4g) 25-48.8 Payment of Taxes. a. Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, respectively, every application for development shall be accompanied by proof that all taxes or assessments for local improvements are paid on the property which is the subject of such application through the tax quarter immediately preceding the filing of the application. b. The Boards may further require that as a condition for any approval which is required pursuant to the provisions of this chapter that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made. (Ord. No. 904-88 § 25-8.4H; Ord. No. 1056-91 § 1) 25-48.9 Guiding Principles Conditions of Approval for Variances. a. Every variance granted by the Zoning Board of Adjustment or Planning Board, shall be designed by the Board to safeguard the public health, safety, morals, and general welfare, and shall be further designed to provide reasonable consideration among other things to the character of the

rd to safeguard the public health, safety, morals, and general welfare, and shall be further designed to provide reasonable consideration among other things to the character of the neighborhood or district, the conservation of property values, the direction of building development in accordance with any master plan which has been adopted by the Planning Board, and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this chapter, to the end that the spirit of this chapter shall be observed, public safety insured and substantial justice done. Comment [PG96]: vague b. Every variance granted by the Zoning Board of Adjustment or Planning Board shall, in appropriate cases, be made subject to such conditions and safeguards as the Board shall deem to be acceptable to the particular case. (Ord. No. 904-88 § 25-8.4I) 25-48.10 Expiration of Variance(s), Subdivision(s) Conditional Use(s), Site Plan Approval(s). a. In all instances where a conditional use, variance, or final site plan is granted, the building or construction permit sought shall be secured and issued or the authorized action taken within two (2) years and one (1) day after the date of the granting of the conditional use, variance or site plan in question and, the use, structure, building or alteration, whichever is applicable, shall be completed within two (2) years and one (1) day of the resolution date granting approval. Provided, however, that a preliminary approval of a site plan or subdivision shall be so secured for a period of three (3) years and one (1) day. For good cause shown and upon Comment [PG97]: unnecessary regulation written application, the Planning Board/Zoning Board may extend the time period for any of 225

DRAFT PROPOSED REVISIONS – OCTOBER 2011 the time limits set in this section, provided that the applicant in the event of such application for extension shall be obligated to serve and publish notice of the application for such extension in conformity with the notice requirements of subsection No. 25-48.5. b. In the event an application fails to comply with the time limits as fixed in paragraph a. above, the approval shall be deemed null and void and of no further force or effect. Approval deemed null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. c. The time limits mentioned in paragraph a. above, shall commence on the date of the publication of a notice of the granting of the conditional use, variance or site plan in the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township, provided that if the granting or denial of a conditional use, variance or site plan is the subject of an appeal or appeals, the time limit shall not commence until all such proceedings or review or appeal have been concluded in a manner favorable to the applicant and the time for appeal from the decision of the reviewing tribunal or appellate court has expired. d. The provisions of this subsection shall be applicable notwithstanding the transfer, subdivision, resubdivision or other disposition of the premises therein concerned. e. Nothing herein contained shall prevent the Planning Board/Zoning Board from fixing periods of time for appropriate actions which are in excess of (but not less than) those fixed by this subsection above provided that such action is taken by the Planning Board/Zoning Board at the time of and as an express condition or provision of the granting of the conditional use, variance or site plan. f. Any conditional use within the Township which shall cease to be so used for a period of two (2) years and one (1) day shall be deemed abandoned, null and void and of no further force and effect. Any conditional use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the

doned, null and void and of no further force and effect. Any conditional use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph f. are intended to be applicable to all conditional uses, however they came in to existence, and for however long they were previously in use prior to commencement of the period of abandonment. g. Any prior nonconforming use within the Township which shall cease to be so usedthat has been abandoned for a period of two (2) years and one (1) day shall be deemed abandoned, null and void and of no further force and effect. Any conditional prior nonconforming use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph g. are intended to be applicable to all conditional prior nonconforming uses, however they came in to existence, and for however long they were previously in use prior to commencement of the period of abandonment. h. It is the intention of the Township to ensure that all approvals and similar vested property rights remain in effect for at least the minimum period set forth in the Municipal Land Use Law or any successor statute. If any provision of this subsection shall be found to conflict with any provision of the Municipal Land Use Law and/or other statutes and regulations promulgated by a higher authority, than such approval shall expire one (1) day after the minimum lawful vested time period for such approval. (Ord. No. 904-88 § 25-18.4J; Ord. No. 1627-99) 226