The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 132-22. Appeal of Administrative Decision
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- 132-23. Appeal to Township Council. [Amended 6-10-92 by Ord. No. 92-19]
- 132-23 LAND USE PROCEDURES 132-23
- 132-23 EAST BRUNSWICK CODE 132-27
- ARTICLE V Provisions Applicable to Both Boards 132-24. Rules and Regulations (by-laws).
- 132-25. Attorney, Experts and Staff.
- 132-26. Financial/Personal Interest.
- 132-28 LAND USE PROCEDURES 132-29 132-28. Pre-application Meetings.
- 132-29. Application Submittal. [Amended 4-20-09 by Ord. No. 09-11]
- 132-29 EAST BRUNSWICK CODE 132-29
- 132-30 LAND USE PROCEDURES 132-30 132-30.
- MINOR SITE PLAN CHECKLIST [Am ended 8-23-93 by Ord. No. 93-48]
- 132-30 EAST BRUNSWICK CODE 132-30
- 132-30 LAND USE PROCEDURES 132-30
- SITE PLAN CHECKLIST [Am ended 7-8-91 by Ord. No. 91-82; 8-23-93 by Ord. No. 93-48; 10-15-01 by Ord. No. 01-33; 2-27-06 by Ord. No. 06-06]
& 132-22. Appeal of Administrative Decision. A. Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of the Director of the Department of Planning and Engineering or his designee(s) or the Zoning Officer of the Township of East Brunswick, based on or made in the enforcement of the Zoning Ordinance. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the Director of the Department of Planning and Engineering or his designee(s), specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken. B. 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 Manager of the Department of Planning and Engineering, 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 upon due cause shown. C. 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 Director of the Department of Planning and Engineering or his designee(s), from whom the appeal is taken.
A. Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving an application for development pursuant to Subsection d. of P.L.1975, c. 291 (C.40:55D-70) of the Municipal Land Use Law. Such appeal shall be made within ten (10) days of the date of publication of such final decision. The appeal to the Township Council shall be made by serving the Township Clerk and the applicant, in person or by certified mail, with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Council only upon the record established before the Board of Adjustment. [Amended 6-10-92 by Ord. No. 92-19] 13224
5-93 & 132-23 LAND USE PROCEDURES & 132-23 B. Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified m ail to the appellant, to those entitled to notice of a decision pursuant to this chapter and to the Board from which the appeal is taken, at least ten (10) days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcript of such meeting pursuant to this chapter. C. The appellant shall, 1. W ithin 5 days of service of the notice of the appeal pursuant to Subsection a hereof, arrange for a transcript pursuant to Subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-10) for uses by the Township Council and pay a deposit of $50 or the estimated cost of transcription, whichever is less, or [Amended 6-10-92 by Ord. No. 92-19]
2.
otherwise arranged to the Municipal Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The Township Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision pursuant to subsection i. of section 6 P.L.1975, c.291 (C.40:55D-10) of N.J.S.A. unless the applicant consents in writing to the extension of such period. Failure of the Township Council to hold a hearing and conclude a review of the record below and to render a decision with such specified period shall constitute a decision affirming the action of the Board. [Amended 6-10-92 by Ord. No. 92-19] D. The Township Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70(d). E. The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final act of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment. [Amended 6-10-92 by Ord. No. 92-19] F. An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Township Council, after the notice of appeal shall have been filed with such Board, that by reason 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 and upon notice to the Board from whom the appeal is taken and on good cause shown. 13225
5-93 & 132-23 EAST BRUNSWICK CODE & 132-27 G. The Township Council shall mail a copy of the decision to the applicant or, if represented, then to his attorney, without separate charge and, for a fee as specified in this chapter, to any interested party who has requested it, not later than ten (10) days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the township or in a newspaper of general circulation in the township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant. H. Nothing herein shall be constructed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. ARTICLE V Provisions Applicable to Both Boards & 132-24. Rules and Regulations (by-laws). The Boards shall adopt such rules, regulations and by-laws as may be necessary to carry into effect the provisions and purposes of this Ordinance.
Each Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal 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 Council for its use. & 132-26. Financial/Personal Interest. No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
The applicable Board pursuant to 40:55D-1 et. seq shall approve subdivision plats as a condition for the filing of such plats with the County Recording Officer. The applicable Board pursuant to 40:55D-1 et. seq shall also approve of site plans as a condition for the issuance of a permit for construction of all new buildings and additions to all existing buildings, except for detached one or two dwelling unit buildings and accessory agricultural buildings not exceeding 12,500 square feet to support existing agricultural uses on-site. [Amended 4-20-09 by Ord. No. 09-11] The Director of Planning & Engineering or designee may waive the site plan approval requirement if the new construction, addition or change in use or occupancy does not have a substantive effect on factors such as existing site circulation, stormwater runoff, landscaping, lighting, parking and other typical considerations of site plan review. [Added 4-20-09 by Ord. No. 09-11] 13226
12-09 & 132-28 LAND USE PROCEDURES & 132-29 & 132-28. Pre-application Meetings. Before filing a formal application in accordance with the procedure set forth in this Article, applicants are encouraged to meet with the Township's technical personnel, including the Planning Management staff, Township Engineer, Construction Official, and Fire, Police and Health Departments, where appropriate, prior to submitting a formal application for development. The purpose of the informal meeting is to make the applicant aware of the specific requirements applicable to the area, or type of development being considered.
An application for the development of land shall be submitted with the required fees, and all required submissions as set forth under checklists below to the Director of Planning and Engineering or his designee. The Director of Planning and Engineering, or his designee shall (a) review the application to determine its completeness; (b) determine the type of development action required; and (c) forward the application to the proper board or agency for subsequent action. A. Incomplete Application If found to be incomplete, the application shall be returned to the applicant within forty-five(45) days of submission with information as to what is lacking. B. Complete Application An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the Director of Planning and Engineering or his designee. In the event that the Director of Planning and Engineering or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period. C. W ithin the required time period the completed application and site plan shall be set down for hearing before the Planning Board which shall review the site plan to ensure that it complies with the following standards and regulations [Added 4-20-09 by Ord. No. 09-11]: (1)
The application and site plan contain all of the items and information required under ordinances of the Township of East Brunswick. (2) The proposed buildings, structures and use are in accordance with the standards of this chapter and all ordinances of the Township of East Brunswick, including the Master Plan of the Township of East Brunswick as may be in existence at the time of the application. (3)
The application and site plan provide a storm water management proposal meeting the goals and objectives of Township Ordinances. (4) Adequate provisions are made to screen all playgrounds and parking, service and storage areas from the view of adjacent properties and streets, during all seasons of the year, whenever the Planning Board shall determine that such screening is necessary to protect the health, safety or general welfare of the public. 13227 12-09
& 132-29 EAST BRUNSWICK CODE & 132-29 (5)
The location, intensity and direction of all outdoor lighting is such that it will not have an adverse effect upon the existing or future use of adjoining properties. (6)
Bikeways are installed or easements therefor granted to the township, in accordance with the provisions of & 192-27 of the Code of the Township of East Brunswick. [Added 2-9-76 by Ord. No. 76-8-AAA] (7)
Sidewalks are installed, wherever so required by the Planning Board, in accordance with the provisions of & 192-19 of the Code of the Township of East Brunswick and that ramp access of a type approved by the Planning Board is provided to allow access to all public buildings by the physically handicapped. 13227.1
12-09 & 132-30 LAND USE PROCEDURES & 132-30
Checklists. [Amended 7-8-91 by Ord. No. 91-82; 8-23-93 by Ord. No. 93-48; 10-15-01 by Ord. No. 01-33; 2-27-06 by Ord. No. 06-06; 9-27-10 by Ord. No. 10-22] MINOR SITE PLAN CHECKLIST [Am ended 8-23-93 by Ord. No. 93-48] ( )
Original and 14 copies of application forms ( )
Application form signed and notarized ( )
Owners Consent ( )
26 copies of site plan ( )
Plans collated, stapled, folded to a dimension not to exceed 10" x 12" ( )
Application fee (Continued on page 13228) 13227.2 -10 & 132-30 EAST BRUNSWICK CODE & 132-30 ( )
Escrow fee ( )
Signed escrow release form ( )
Signed authorization form [Added 8-23-93 by Ord. No. 93-48] ( )
Three (3) complete "Tax and Assessm ent Payment Report" forms which will be forwarded to the Collector of Revenue office for verification that no delinquent taxes or assessments are due ( )
Survey of property, prepared by a licensed surveyor of the State of New Jersey showing: a. Boundaries of the property b. Building and setback lines and the lines of all existing streets, roads, reservations, easem ents, right-of-ways and areas dedicated to public use, within two hundred (200) feet of the property c. Title, reference meridian, scale d. Name and address of record owner e. Name, address, professional license number and seal of the surveyor who prepared the survey The following shall be on the plans submitted: ( ) Key map showing site and its relation to surrounding area ( ) Plans certified by appropriate professional as stipulated by New Jersey revised statutes Title 45:8, 13:40-7.1 et seq ( )
Zone data ( )
Location of all existing and proposed buildings or structures with spot elevations ( )
Copy of protective covenants or deed restrictions that are intended to cover all or any part of the tract ( ) "Letter of Intent" detailing size of proposed building, proposed use, number of tenants, number of employees, anticipated hours of operation, traffic, etc. ( )
Evidence of soil erosion and sediment control plan submittal to Freehold Soil Conservation Service (if disturbance of 5,000 square feet or more of soil) ( ) Evidence of submittal to New Jersey Department of Environmental Protection for stream encroachment permit or determination ( )
A statement indicating that the property which is the subject of the application for development is free of delineation as a freshwater wetland, as more particularly defined in N.J.S.A. 13:9B-3 et seq, or if any part of the property which is the subject of the application for development is delineated as "freshwater wetland", then the applicant shall show such areas on a survey of the property, prepared by a licensed surveyor of the State of New Jersey.
( ) Evidence of submittal to Middlesex County Planning Board (if on County road or involving County drainage structure)
13228 10-93
& 132-30 LAND USE PROCEDURES & 132-30 ( )
Any other docum ents deem ed necessary for a thorough review, as required by the Department of Engineering. These additional documents may include, but are not limited to, descriptive indications of ingress and egress, parking, walkways, fencing, drainage, exterior lighting, building floor plans, front, side and rear elevations, freestanding signs and landscaping.
( )
Original and 14 copies of application forms ( )
Application form signed and notarized ( )
Owners Consent ( )
15 complete sets of plans (site plan, lighting, details, etc.) ( )
11 copies of site plan (excluding details and construction plans) ( )
Plans collated, stapled, folded to a dimension not to exceed 10" x 12" ( )
Application fee ( )
Escrow fee ( )
Signed escrow release form ( )
Signed authorization form [Added 8-23-93 by Ord. No. 93-48] ( )
Three (3) complete "Tax and Assessment Payment Report" forms which will be forwarded to the Collector of Revenue office for verification that no delinquent taxes or assessments are due ( )
Survey of property, prepared by a licensed surveyor of the State of New Jersey showing: a. Boundaries of the property b. Building and setback lines and the lines of all existing streets, roads, reservations, easements, right-of-ways and areas dedicated to public use, within two hundred (200) feet of the property c. Title, reference meridian, scale d. Name and address of record owner e. Name, address, professional license number and seal of the surveyor who prepared the survey The following shall be on the plans submitted: ( ) Key map showing site and its relation to surrounding area ( ) Plans certified by appropriate professional as stipulated by New Jersey revised statutes Title 45:8, 13:40-7.1 et seq ( )
Zone data 13229 12-06
& 132-30 EAST BRUNSWICK CODE & 132-30 ( )
Location of all existing and proposed buildings or structures with spot elevations ( )
Names of all owners of record of all adjoining property, and property directly across the street or streets from the property involved, and the block and lot numbers of all the property shown on the plan ( )
Existing and proposed contours at a scale not to exceed 1" = 50' or greater at one (1) foot intervals based on North American Vertical Datum of 1988 and State Plane Coordinate System North American Datum 1983 to determine general slope and natural drainage of the land. W here necessary to evaluate drainage, the Board shall require contours to be shown for all lands within 200 feet of the property in question. [Amended 10-15-01 by Ord. No. 01-33; 2-27-06 by Ord. No. 06-06] ( ) Existing and proposed easements ( ) All existing schools, zoning and special district boundaries within two hundred (200) feet of the property. Such features shall be shown on a separate map or as a key map on the detailed map itself. ( ) The distances, as measured along the center lines of existing streets abutting the property to the nearest intersection with any public street ( )
Location of existing edge of pavem ent and proposed edge of pavement of all roadways abutting site ( ) Location of all existing and proposed utility lines including telephone, power, water, sewer, gas, etc., whether publicly or privately owned, with pipe sizes, grades and direction of flow [Amended 2-27-06 by Ord. No. 06-06] ( ) Proposed use or uses of land and buildings, including outdoor storage ( ) Size and location of all driveways and curb cuts proposed and on adjoining properties ( )
Cross sections and construction details of all streets, pavement, curb, sidewalks and walkways
( ) Parking and loading layout ( ) Total number of parking or loading spaces ( ) Dimensions of parking or loading spaces, aisles and parking islands ( ) Dimensions of all building setbacks and yards ( ) Percent total impervious coverage ( ) Percent total building coverage ( ) Building dimensions ( ) Area and height of proposed and existing buildings or structures ( ) Building elevations (each side) indicating materials to be used in construction 13230 12-06 Download 8.87 Mb. Do'stlaringiz bilan baham: |
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