& 132-35 EAST BRUNSWICK CODE - The Township of East Brunswick was established in 1860. Since January 1, 1965, the
EAST BRUNSWICK CODE
The applicant shall file an affidavit of proof of service of all of the aforesaid noticesrequired for the applicant's particular application with the township agency holding the
hearing on the application for development, in the event that the applicant is required to
give notice pursuant to this section.
Notices Complete Upon Mailing.
Any notice made by certified mail shall be complete upon mailing.
& 132-37. Completion of prior conditions.
No application for development will be granted unless all conditions imposed on prior
approved applications for the same site have been completed.
& 132-38. Payment of Taxes. [Amended 5-10-93 by Ord. No. 93-24]
Pursuant to the provision of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application
for development submitted shall be accompanied by proof that no taxes or assessments for local
improvements or fines, penalties or any monies are due or delinquent on the property which is the
subject of such application; or, if it is shown that taxes, assessments, fines, penalties or any monies
are delinquent on said property, no deliberations or action shall be taken by any Township agency or
Board. At the time of Board action or deliberation on an application, proof shall be submitted that no
taxes or assessments, as of that date, for local improvements are due or delinquent.
& 132-39. Appearance Required.
The applicant or his agent shall appear at all regular meetings of the Board whenever the
application is being considered. Failure to appear shall give the Board the right to postpone action
on the application if the applicant or the agent's absence deprives the Board of information necessary
to make a decision.
& 132-40. Meetings.
Meetings of each Board shall be scheduled at least once a month, unless cancelled for
lack of applications.
Special meetings may be provided for at the call of the Chairman or on the request of anytwo (2) Board members, which shall be held on notice to its members and the public in
accordance with all applicable legal requirements.
C. No action shall be taken at any meeting without a quorum being present.
D. All actions shall be taken by majority vote of the members of the municipal agency
present except as otherwise required by Sections of this chapter.
All regular meetings and all special meetings shall be open to the public. Notice of allsuch meetings shall be given in accordance with the requirements of the O pen Public
Meetings Act (N.J.S.A. 10:4-6, et seq.).
LAND USE PROCEDURES
Minutes of every regular or special meeting shall be kept and shall include the names of the
persons appearing and addressing the township agency and of the persons appearing by attorney,
the action taken by the township agency, the findings if any, made by it and the reasons therefor. The
minutes shall thereafter be made available for public inspection during normal business hours at the
office of the Director of the Department of Planning and Engineering. 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 fee as established by
this chapter for reproduction of the minutes for his use.
The municipal agency shall hold a hearing on each application for development oradoption, revision or amendment of the Master Plan.
The municipal agency shall make the rules governing the conduct of hearings which shallnot be inconsistent with the provisions of the Municipal Land Use Law (N.J.S.A.
40:55D-1, et seq) or of this ordinance.
C. Any maps and documents for which approval is sought at a hearing shall be on file and
available for public inspection at least ten (10) days before the date of the hearing, during
normal business hours, in the office of the Director of the Department of Planning and
Engineering. The applicant may produce other documents, records or testimony at the
hearing to substantiate or clarify or supplement the previously filed maps and documents.
D. The officer 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,(c.2A:67A-1 et seq), shall apply.
The testimony of all witnesses relating to an application for development shall be takenunder 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.
F. All representations, commitments and agreements made by the applicant or his
representatives at the hearing or contained in any document, plat or submission delivered
to the Board at any time, including notes contained on any developm ent plans, unless
modified by the Board, shall be considered as conditions of approval of the application
for development and shall be incorporated by reference in the resolution of approval.
G. Technical rules of evidence shall not be applicable to the hearing, but the Chairperson
of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
EAST BRUNSWICK CODE
The municipal agency shall provide for the verbatim recording of the proceedings by
either stenographic, mechanical or electronic means. The municipal agency shall furnish
a transcript, or duplicate recordings in lieu thereof, on request to any interested party at
his expense, as set forth in 3-114 of the Code provided that the cost shall not exceed the
maximum permitted in N.J.S.A. 2A:11-15.
W hen any hearing before a Board shall carry over two (2) or more meetings, a member
of the Board who was absent for one (1) or more of the meetings shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding his absence from
one (1) or more of the previous meetings; provided, however, that such Board member
has available to him a transcript or recording from the meetings from which he was
absent and certifies in writing to the Board that he has read such transcript or listened to
Alternate members may participate in discussions of the proceedings but may not voteexcept 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.
The municipal agency shall include findings of fact and conclusions based thereon ineach decision on any application for development and shall reduce the decision to
writing. The municipal agency 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 municipal agency on the application for development; or
2. A memorializing resolution adopted at a meeting held not later than 45 days after the
date of the meeting at which the municipal agency voted to grant or deny approval.
Only the members of the municipal agency who voted for the action taken may vote
on the memorializing resolution, and the vote of a majority of such members present
at the meeting at which the resolution is presented for adoption shall be sufficient to
adopt the resolution. An action pursuant to N.J.S.A. (C.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 m emorializing resolution. The vote on any such
resolution shall be deemed to be a memorialization of the action of the m unicipal
agency and not to be an action of the municipal agency; however, the date of the
adoption of the resolution shall constitute the date of the decision for purposes of the
mailings, filings and publication required by subsections h. and i. of N.J.S.A. 40:55D-
10. If the municipal agency fails to adopt a resolution or memorializing resolution as
hereinabove specified, any interested party may apply to Superior Court in a
summary manner for an order compelling the municipal agency to reduce its findings
and conclusions to writing with a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.
LAND USE PROCEDURES
B. Copies of the decision shall be mailed by the Secretary of the Board within ten (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 fee as specified in
this chapter. A copy of the decision shall also be filed by the township agency in the
office of the Township Clerk or the Director of the Department of Planning and
Engineering, who shall make a copy of such filed decision available to any interested
party for a fee as specified in this chapter and available for public inspection at his or her
office during township business hours.
C. A brief notice of the decision shall be published in the official newspaper of the township.
Such publication shall be arranged by the Township Clerk or the Director of the
Department of Planning and Engineering or his designee, provided that the applicant may
in any case provide for publication of the decision. The applicant shall pay a fee as
designated by this chapter for publication of said notice; provided, however, that if the
applicant furnished proof of publication of the notice of decision to the designated
municipal officer within ten (10) days from the date of decision, the township shall refund
the fee paid by the applicant to cover the cost of publication. The period of time in which
an appeal of decision may be m ade shall run from the first publication of the decision,
whether arranged by the township or the applicant.
Time Limit for Decision. [Amended 1-25-99 by Ord. No. 99-4]
A. Site Plan (10 acres or less)
Upon the submission of a complete application for a site plan which involves ten (10)
acres of land or less, and ten (10) dwelling units or less, the Planning Board shall grant
or deny site plan approval within forty-five (45) days of the date of such submission or
within such further time as may be consented to by the developer, otherwise the Planning
Board shall be deemed to have granted preliminary approval to the site plan.
B. Site Plan (more than 10 acres)
Upon the submission of a complete application for a site plan which involves more than
ten (10) acres, or more than ten (10) dwelling units the Planning Board shall grant or
deny approval within ninety-five (95) days of the date of such submission or within such
further time as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted approval of the site plan.
Minor subdivision approval shall be granted or denied within forty-five (45) days of the
date of submission of a complete application or within such further time as m ay be
consented to by the applicant. Failure of the Planning Board to act within the period
prescribed shall constitute minor subdivision approval, and a certificate of the Director of
the Department of Planning and Engineering as to the failure of the Planning Board to
act shall be issued on request of the applicant; and it shall be sufficient in lieu of the
written endorsement or other evidence of approval herein required, and shall be accepted
by the county recording officer for purposes of filing the subdivision. Minor subdivision
approval shall be deemed to be final approval of the subdivision by the Planning Board,
provided that the Planning Board may condition such approval on terms ensuring the
provisions of improvements pursuant to & 132-30 of this Article.
EAST BRUNSWICK CODE
D. Preliminary Subdivision (10 or fewer lots)
Upon the submission of a complete application for a subdivision of ten (10) or fewer lots,
or a request for review pursuant to T.C. 132-7G the Planning Board shall grant or deny
preliminary approval within forty-five (45) days of the date of such submission or within
such further time as may be consented to by the developer.
E. Preliminary Subdivision (more than 10 lots)
Upon the submission of a complete application for a subdivision of more than ten (10)
lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95)
days of the date of such submission or within such further time as may be consented to
by the developer. Otherwise the Planning Board shall be deemed to have granted
preliminary approval to the subdivision.
F. Final Subdivision
Final approval shall be granted or denied within forty-five (45) days after submission of
a complete application, or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period prescribed shall
constitute final approval and a certificate of the Director of Planning & Engineering or
designee as to the failure of the Planning Board to act shall be issued on request of the
applicant, and it shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the county recording officer for
purposes of filing subdivision plats. [Amended 1-25-99 by Ord. No. 99-4]
The Board of Adjustment shall render a decision not later than one hundred twenty (120)
days after the date (1) an appeal is taken from the decision of the Director of Planning
& Engineering or designee or (2) the submission of a complete application for
development to the Board of Adjustment. Failure of the Zoning 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.
[Amended 1-25-99 by Ord. No. 99-4]
Expiration of Variances.
Any variance from the terms of the zoning ordinance hereafter granted by the Board of
Adjustment, permitting the creation or alteration of any structure or structures or permitting a specified
use of any structure or any property in a district restricted against such use, shall expire by limitation
unless construction or alteration or use shall have been actively commenced as perm itted by such
variance within three (3) years from the date of adoption of the resolution by the Zoning Board, except
as otherwise provided for by the granting authority; provided, however, that the Zoning Board is
hereby granted the authority to grant a one-year extension, provided that the applicant for such
extension shall give prior notice of this application requesting such extension to those persons entitled
thereto pursuant to Section 11 of this chapter; provided, however, that such period of limitation herein
provided shall be tolled from the date of appeal of the decision to any court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
LAND USE PROCEDURES
& 132-46. Authorized exceptions and waivers.
A. The Board, when acting upon applications for preliminary or minor subdivision approval
or preliminary site plan or modification of such approvals previously granted, shall have
the power to grant such exceptions from the requirements for subdivision approval or site
plan approval, as the case may be, as may be reasonable and within the general purpose
and intent of the provisions of subdivision and site plan review and approval, if literal
enforcement of one (1) or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land in question.
B. W here an applicant desires the Board to waive any requirements of subdivision or site
plan approval, the applicant shall, at the time when it files its application for development,
in writing, designate such requirement waivers thereof with respect to its particular
applications. The Director of Planning and Engineering or his designee shall review such
request and shall report thereon to the Board with recommendations. The Board shall
review and determine such request at a public meeting.
C. Nothing contained herein shall prohibit the Board from granting any exceptions as
described herein at the hearing on the application despite the applicant's failure to
request such waivers in its application for development.
D. Nothing contained herein shall relieve the applicant from following all procedures
necessary for the granting of a bulk or use variance, where applicable.
Effect of Preliminary Approval. [Amended 6-10-92 By Ord. No. 92-19]
Preliminary approval of a major subdivision pursuant to P.L. 1975, c.291 (C.40:55D-48) or
of a site plan pursuant to P.L.1975,c.291 (C.40:55D-46) shall confer upon the applicant the following
rights for a three-year period from the date on which the resolution of preliminary approval is adopted.
That the general terms and conditions on which preliminary approval was granted shallnot be changed, including but not limited to use requirements; layout and design
standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract
improvements; and, in the case of a site plan, any requirements peculiar to site plan
approval pursuant to P.L. 1975, c.291 C.40:55D-41; except, however, that nothing
herein shall be construed to prevent the municipality from modifying by ordinance such
general terms and conditions of preliminary approval as relate to public health and safety.
That the applicant may submit for final approval on or before the expiration date of
preliminary approval the whole or section or sections of the preliminary subdivision plat
or site plan, as the case may be.
C. That the applicant may apply for and the Planning Board may grant extensions on such
preliminary approval for additional periods of at least one (1) year, but not to exceed a
total extension of two (2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
EAST BRUNSWICK CODE
In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the PlanningBoard may grant the rights referred to in Subsections A, B and C above for such period of time,
longer than three (3) years, as shall be determined by the Planning Board to be reasonable
taking into consideration the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness of the
development. The applicant may apply for thereafter and the Planning Board may thereafter
grant an extension of time as shall be determined by the Planning Board to be reasonable
taking into consideration the number of dwelling units and nonresidential floor area permissible
under preliminary approval, the potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval, economic conditions and the
comprehensiveness of the development: provided that if the design standards have been
revised, such revised standards may govern.
W henever the Planning Board grants an extension of preliminary approval pursuant tosubsection C. or D. of this section and preliminary approval has expired before the date on
which the extension is granted, the extension shall begin on what would otherwise be the
expiration date. The developer may apply for the extension either before or after what would
otherwise be the expiration date. [Added 6-10-92 by Ord. No. 92-19]
The Planning Board shall grant an extension of preliminary approval for a period determinedby the Board but not exceeding one year from what would otherwise be the expiration date, 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 required approvals. A developer shall apply for
the extension before (1) what would otherwise be the expiration date of preliminary approval
or (2) the 91st day after the developer receives the last legally required approval from other
governmental entities, whichever occurs later. An extension granted pursuant to this
subsection shall not preclude the Planning Board from granting an extension pursuant to
subsection C. and D. of this section. [Added 6-10-92 by Ord. No. 92-19]
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