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Executive Summary

This document outlines the Land Development Ordinance for the Borough of Woodlynne, New Jersey, as adopted in 1981, pursuant to the Municipal Land Use Law of the State of New Jersey. The ordinance regulates land use and development within specified zoning districts, based on the Borough's Land Use Plan Element. It details administrative procedures, zoning regulations, site plan and subdivision review processes, and the establishment of zoning districts. The document also outlines the roles and responsibilities of the Borough Council, Planning Board, and Zoning Board of Adjustment, including procedures for public hearings, meetings, and decision-making. It includes notice requirements for development applications, processes for informal reviews, and regulations concerning non-conforming structures and uses. The document references specific fees related to the Land Development Ordinance that are documented within Chapter 53 of the Code of the Borough of Woodlynne.

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--- Document: Planing 4 Document ---
CHAPTER 68
LAND DEVELOPMENT ORDINANCE
ARTICLE I
GENERAL PROVISIONS/
Administrative Procedure
Meetings; Quorums. Alternate Members.
1
Short Title
2
Purpose
3
Word Usage
4
Terms Defined
5
6
7
8 - Hearings
9
Informal Review
10
11
12
Notice Concerning Master Plan
13
Public Meetings and Minutes
Form of Decisions; Copies; Publication of Decision
Notice Requirements for Hearings on Application for Development
Notice of Hearing on Ordinance or Capital Improvement Program; Notice
of Action on Capital Improvement or Official Map
14 - Filing of Copies of Development Regulation
15
Appeals to Zoning Board of Adjustment
16 Appeals to the Governing Body
17
18
19
-
Conditional Approvals
Conditional Uses
Enforcement
20 Repealer
21
-
22
Severability
When Effective
23
24
-
ARTICLE II
ZONING BOARD OF ADJUSTMENT
Establishment and Composition; Terms of Office; Vacancies
Officers
25 Experts and Staff
26
27
28
29
-
Powers
Additional Powers
Applications and Appeals to the Board of Adjustment
Application Procedures
30 Payment of Taxes
31 Time Limit for Decisions
32
33
-
34
-
Modification on Appeal
Stay of Proceedings by Appeal
Denial
35 Expiration of Variance
36
-
ARTICLE III
PLANNING BOARD
Establishment; Composition
37 Terms of Office; Removal
38
Vacancies
39
Officers
40
Experts and Staff
41
Powers and Duties
42
Ancillary Powers
43
Referral Powers
44
Time Limits for Approval of Minor Subdivisions
and Conditional Uses
45
Time Limits for Preliminary Approval of Site Plans
and Major Subdivisions
46
Failure to Reach a Decision
47
Exercise of Ancillary Powers
48
Public Hearings
49
50
51
52
53
-
54
55
Rights Under Preliminary Approval
Final Approval of Site Plans and Major Subdivisions
Effect of Final Approval
Procedure for Filing Applications
Advisory Committee
Environmental Commission
Rules and Regulations
ARTICLE IV
SITE PLAN AND SUBDIVISION REVIEW AND APPROVAL
Site Plan and Subdivision Approval Required
Submittal Procedures
56
57
-
!
58 Informal Plat; Application for Approval of Minor Subdivision
59
60
61
62
Preliminary Plat for Major Subdivision
Final Plat for Major Subdivision
Application for Site Plan Approval
Guarantees Required
63
64
65
-
66
67
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ARTICLE V
ZONING DISTRICTS
Establishment of Districts
Zoning Map,
District Boundaries
Conformity to District Regulations Required
R Residential Zone
68 C Commercial Zone
-
69
70
-
71
-
IC Industrial-Commercial Zone
M Municipally Operated Property and Camden County Park Zone
General Regulations
72 - Signs
73
74
75
-
76
77
-
78
Special Regulations for Churches
Public Garages and Service Stations; Storage Tanks
Nonconforming Structures or Uses
Temporary Use Permits
Prohibited Uses
Administration and Enforcement
!
List of Fees Specified in Draft Ordinance
Article I.
Section 68-5.
Fee for copy of Ordinance.
Section 68-8G.
Fee for reproduction of minutes of meetings.
Section 68-108.
Fee for copy of decision on application for
development.
Section 68-10C.
Section 68-110
Section-68-16H.
Article II.
Fee to be paid by applicant for publication
of decision on application for development.
Fee for list of property owners.
Fee for copy of decision on appeal to governing
body; fee to be paid by applicant for publica-
tion of decision on appeal.
Sections 68-29 B. and C. Fee for application to Zoning Board.
Article IV.
Section 68-58-C.
Section 68-59A.
Section 68-61A
Article V.
Section 68-7882.
Application fee for informal plat or minor
subdivision.
Application fee for preliminary plat.
Application fee for site plan.
Fee for issuance of Certificate of Occupancy
incident to change in use.
!
12-1
BOROUGH OF WOODLYNNE
ORDINANCE-1981
AN ORDINANCE OF THE BOROUGH OF WOODLYNNE, IN THE COUNTY
OF CAMDEN AND THE STATE OF NEW JERSEY, ADOPTING A LAND DEVELOP-
MENT ORDINANCE, PURSUANT TO THE MUNICIPAL LAND USE LAW OF THE
STATE OF NEW JERSEY.
ARTICLE I
GENERAL PROVISIONS
SECTION 68-1. Short Title.
This Ordinance shall be known and may be cited as the "Land
Development Ordinance of the Borough of Woodlynne, New Jersey."
SECTION 68-2. Purpose.
This Ordinance is intended to regulate the use and development
of land within zoning districts which are based on the Borough of
Woodlynne Land Use Plan Element, in accordance with the provisions
of the New Jersey Municipal Land Use Law.
SECTION 68-3. Word Usage-
A. Words used in the present tense include the future; the
singular number includes the plural as well as the singular.
B. The word "lot" includes the word "plot".
C.
D.
The word "building" includes the word "structure".
The term "such as," where used herein, shall be considered
as introducing a typical or illustrative rather than an en-
tirely exclusive or inclusive designation of permitted or
prohibited uses, activities, establishments or structures.
E. "Shall" and "will" are mandatory and "may" is permissive.
- 1-
C
1
SECTION 68-4. Terms Defined.
All such words as defined in the Municipal Land Use Law, if
not contained below, are hereby incorporated herein and declared
to be a part of this Ordinance. The following words, terms and
phrases used in this Ordinance shall have the meanings hereinafter
indicated:
2-
ACCESSORY USE OR BUILDING-A subordinate use or building, the purpose of
which is incidental to that of a main use or building on the same lot.
ALLEY- A minor way or roadway dedicated or open to public use which is
less than fifty (50) feet in width.
AUTOMOBILE WRECKING-See "junkyard".
BUILDING- A combination of materials to form a construction adapted to
permanent, temporary, or continuous occupancy and having a roof.
BUILDING HEIGHT-The vertical distance measured from the mean elevation
of the finished grade along the front of the building to the highest
point of the roof for flat roofs, to the mean height level; between the
eaves and ridge, for gable and hipped roofs and to the deck line for
mansard roofs.
BULK-The term used to describe the size of the buildings or other structures
and their relationships to each other, to open areas such as yards and to
lot lines and includes the size, height and floor area of the building or
other structure.
CERTIFICATE OF OCCUPANCY-A certificate issued by the Construction Official
upon completion of construction or alterations of any building or structure.
Said certificate shall acknowledge compliance with all requirements of this
Ordinance, such adjustments thereto as granted by the Zoning Board of Adj-
ustment, and/or any other applicable requirements.
DENSITY-A number expressing dwelling units per gross acre of land.
DWELLING-Any building or portion thereof occupied as a home or residence
for one (1) or more persons.
3
DWELLING, DETACHED-DUPLEX- A building occupied as as home or residence of
two (2) housekeeping units under one (1) roof each housekeeping unit
occupying a single dwelling one (1) of which shall be partly above the other.
DWELLING, MULTIPLE-A building having common halls and entrances, occupied
as the home or residence of three (3) or more housekeeping units under
one (1) roof, each housekeeping unit occuping a separate dwelling.
DWELLING, SINGLE-ATTACHED-A building occupied as a home or residence of one
(1) housekeeping unit and having a party wall or walls in common with an
adequate house or houses.
DWELLING, HOUSEKEEPING UNIT-A detached building designed for or occupied
exclusively by one (1) housekeeping unit or dwelling unit.
DWELLING, TWIN-A building occupied as a home or residence of two (2)
housekeeping units under one (1) roof, side by side, with a common fire
wall, each housekeeping unit occupying a separate dwelling.
FENCE-An artificially constructed barrier of wood, masonry, stone, wire,
metal or any other manufactured material or combination of materials erected
for the enclosure of yard areas or other open spaces.
FLOOD PLAIN-The relatively flat land area adjoining a river, stream, water
course, or lake which has been or is likely to be flooded.
FLOODWAY-The channel of a river or other water course and the adjacent land
areas required to carry and discharge a flood.
FLOOR AREA-The sum of the gross area of the several floors of a building or
buildings, measured from the face of exterior walls or from center lines of
walls separating two (2) buildings.
4 -
GARAGE-Building used or designed for housing or storing of self-propelled
motor vehicles or unit portions thereof designed for use on public highways.
GARAGE, PRIVATE-A garage intended for and used by the motor vehicles of
the families resident upon the premises.
HEIGHT OF BUILDING-The vertical distance measured to the highest point from
the mean elevation of the finished grade five (5) feet away from the foun-
dation along the side(s) of the building facing a street or to the street
line, whichever is closer to the foundation. On a corner lot, the height
shall be measured on the street having the greatest slope.
HOME OCCUPATION-Any gainful employment or occupation of one (1) or more members
of the resident family, which employment or occupation shall constitute,
either entirely or partly, the means of livelihood of such member or members
and which shall be clearly secondary or accessory to the primary residential
use of the principal structure. Such occupation may be pursued in the prin-
cipal dwelling structure or in a secondary building which is accessory to
such principal structure. Home occupations are normally in the field of work
of the artisan and may include such activities as dressmaking, millinery,
watchmaking, electrical and radio repair and carpentry, where not more than
three (3) persons are employed full time. The retail sale of goods and
services in structures designed or altered to make such activities the primary
use of any structure shall not be construed to be a "home occupation" under
the terms of this Ordinance.
HOUSEKEEPING UNIT-One (1) or more persons living as a single, nonprofit house-.
hold, as distinguished from individuals or groups occupying a hotel, club,
fraternity or sorority house. The housekeeping unit shall be deemed to
5
include housekeeping facilities and services.
JUNKYARD-The use of any lot for the storage, keeping or abandonment of
junk, including scrap metals or other scrap material or building material,
or for the dismantling, demolition or abandonment of structures, auto-
mobiles or other vehicles, equipment and used machinery or parts thereof;
provided, however, that this definition shall not be deemed to include any
of the foregoing uses which are accessory and incidental to any agricul-
tural or industrial use permitted in any zone. The term "junkyard" as
herein defined includes automobile wrecking yards and the accumulation of
used building material that could be used in any structure.
LIMITED MANUFACTURING-The fabrication, assembly or processing of goods
or materials or the storage of bulk goods and materials where such activities
or materials create no hazard from fire or explosion or produce no toxic
or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
LOT-A designated parcel, tract or area of land established by a plat or
otherwise as permitted by law and to be used, developed, or built upon as
a unit.
LOT AREA-The total horizontal area included within lot lines. Where the
front lot line is the center line of a street or lies in part or in whole in
the street area, the lot area shall not include that part of the lot in
use or to be used as a street.
LOT DEPTH-The shortest horizontal distance between the front lot line, or
the boundary of the street right-of-way if the front lot line lies within an
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C
area used or to be used as a street, and the rear lot line. In the case
of a triangular lot having no rear line, the distance shall be measured
to a line parallel to the front lot line which shall not be less than
ten (10) feet in length measured between its intersections with the side
lot lines.
LOT FRONTAGE-That portion of a lot extending along a street line; in odd
shaped or triangular shaped lots, the length of the frontage may be considered
to be the same as the lot width, except that such length of frontage shall
not be less than one-half (1½) of any minimum frontage herein required and
that the actual length of the setback line shall be not less than forty
(40) feet.
LOT WIDTH-The mean horizontal width measured at right angles to the lot
depth.
MINOR SITE PLAN-A development plan of one or more lots which (1) proposes
new development within the scope of development specifically permitted by
this Ordinance as a minor site plan; (2) does not involve planned develop-
ment, any new street or extension of any off-tract improvement which is to
be prorated pursuant to Section 30 of the Municipal Land Use Law, 40:55D-42,
and (3) contains the information reasonably required in order to make an
informed determination as to whether the requirements established by this
Ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISION-A subdivision of land for the creation of the number of
lots specifically permitted by this Ordinance as a minor subdivision, pro-
vided that such subdivision does not involve (1) a planned development,
(2) any new street, or (3) the extension of any off-tract improvement, the
7-
cost of which is to be prorated pursuant to Section 30 of the Municipal
Land Use Law, 40:50D-42.
NONCONFORMING STRUCTURE-A structure the size, dimension, or location of
which was lawful prior to the adoption, revision, or amendment of a
zoning ordinance, but which fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption,
revision or amendment.
NONCONFORMING USE-A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform to
the requirements of the zoning district in which it is located by reasons
of such adoption, revision or amendment.
NURSING HOME-Any building in which more than one (1) room or an area ex-
ceeding four hundred (400) square feet is used for the accomodation, reception
or treatment of the aged or sick who are residents therein, excluding members
of the resident's family.
PARKING SPACE, AUTOMOBILE-That area required for the parking or storage of
one (1) automobile, including necessary aisle or driveway space providing
access thereto. For the purpose of this chapter, the minimum gross area
per automobile parking space shall not be less than two hundred (200) square
feet, which shall be deemed to include not less than two hundred (200) square
feet for each dead-storage bay and not less than one hundred (100) square feet
for the necessary aisle or driveway space accessory thereto.
8-
!
PORCH-A roofed open structure projecting from the front, side or rear wall
of a building. A porch may be screened, or glass enclosed.
PROFESSIONAL OFFICE-The office of a member of a recognized profession.
When conducted in a residential district, a professional office shall be
incidental to the residential occupation, shall be conducted by a member
of the resident family entirely within a residential building, and shall
include only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors, musicians and such other similar professional
occupations as may be so designated by the Planning Board, upon finding
by such Board that such occupation is truly professional in character, by
virtue of the need for similar training and experience as a condition for
the practice thereof and that practice of such occupation shall in no way
adversely affect the safe and comfortable enjoyment of property rights in
any zone to a greater extent than for the professional activities listed
herein. The issuance of a state or local license for regulation of any
gainful occupation need not be deemed indicative of professional standing.
SERVICE STATION-Lands and buildings where motor fuel, lubricants, misc-
ellaneous accessories and minor repair services for motor vehicles are
dispensed, but where no vehicular painting and/or bodywork is done and
where no junked or unregistered motor vehicles are kept or stored.
9
!
SETBACK LINE-A line within any lot, usually marking the limits of a required
yard space, parallel to any street line between which line and the street
line no building or portion thereof may be erected, except as provided in
this chapter.
SIGHT TRIANGLE-A triangular area abutting two intersecting streets where
vision is unobstructed. The sight triangle is formed by the intersecting
street sidelines and a line connecting a point on each sideline a set dis-
tance from the intersection.
SIGN-Any outdoor advertising sign or outdoor advertising structure.
A. BILLBOARD or COMMERCIAL ADVERTISING SIGN-An advertising sign,
structure or symbol erected and maintained by an individual or corporation
engaged in the sale or rental of space thereon to a clientele of manufac-
turing, service or commercial enterprises, upon which space there is dis-
played, by means of painting, posting or other means, advertising copy
describing a wide variety of products or services which are not made, pro-
duced, assembled or sold from the lot or premises upon which advertisement
is displayed.
B. ENTERPRISE IDENTIFICATION SIGN-Any sign, symbol, trademark, structure
or similar device used to identify the product made or the activity being
pursued by any industry, business service or commercial enterprise, which
sign is displayed upon the lot or premises occupied by such an enterprise
for the purpose of apprising the passerby of the location of said enterprise
and the type of activity in which it is engaged.
STORY-That portion of a building included between the surface of any floor
and the surface of the floor next above it, or, if there is no floor above
!
it, then the space between the floor and the ceiling next above it. No
story shall be deemed to be a first story if its floor level is more than
six (6) feet above the level from which the height of the building is
measured. A mezzanine floor shall be counted as a story if it covers
over one-third (1/3) of the area of the floor next below it. For the
purpose of this Ordinance, a split-level dwelling shall be considered a
one-story structure.
STORY, HALF-A story of which any two (2) exterior sides meet a sloping
roof not more than two (2) feet above the floor of such story, or that
portion of any structure herein defined as a basement.
STREET-Any street, avenue, boulevard, road, parkway, viaduct, drive or
other way (1) which is an existing State, county or municipal roadway, or
(2) which is shown upon a plat heretofore approved pursuant to law, or (3)
which is approved by official action as provided by this Ordinance, or (4)
which is shown upon a plat duly filed and recorded in the office of the
County Recording Officer prior to the appointment of a planning board and
the grant to such board of the power to review plats; and includes the land
between the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street lines.
STREET LINE-The dividing line between the lot and the street.
STRUCTURAL ALTERATIONS-Any change in the supporting members of a building,
such as bearing walls, columns, beams or girders, or in the utility system
or mechanical equipment of a structure which change materially alters its
usability or capacity of function.
STRUCTURE-A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface of
a parcel of land.
TRAILER CAMP OR COURT-An area devoted to or designed for the accomodation
of one (1) or more wheeled vehicles or portion thereof in use or capable
of use as residential facilities, which vehicles are commonly known as
"house trailers". Any such house trailer which has been rendered incapable
of immediate removal to another site shall be considered a residential
structure and shall meet allthe requirements of this chapter for a re-
sidential structure.
TRANSITION STRIP-A concentration of massed trees and shrubbery not less
than ten (10) feet wide, placed parallel to a property line for the purpose
of screening unsigntly uses, dust and noise. Such strip shall be composed
of evergreen plants and trees planted with specimens having an initial
height of not less than five (5) feet and planted at intervals of not
more than ten (10) feet on center. The low-level screen shall consist
of evergreen shrubs planted at an initial height of not more than five
(5) feet on center. The low-level screen shall be placed in alternating
rows to produce a more effective barrier.
12
USE-The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
YARD-An open space, as may be required by this Ordinance of uniform width or
depth on the same lot with a building or group of buildings, which open
space lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground up-
ward except as herein permitted.
YARD, FRONT-A yard extending across the full width of the lot and lying
between the front or street line of the lot and the nearest wall of part
of the building. The depth of the front yard shall be measured at right
angles to the front line of the lot.
YARD, REAR-A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest wall or part of the
building. The depth of a rear yard shall be measured at right angles to
the rear of the lot in the same manner as specified herein for the measure-
ment of lot depth.
YARD, SIDE-An open, unoccupied space between the side line of the lot and
the nearest wall or part of the building and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the front
or rear lot lines as the case may be. The width of a side yard shall be
measured at right angles to the side line of the lot. No dwelling or
building shall be constructed on any lot or parcel of land less than
eight (8) feet from each side building line. Each dwelling or building
shall be built in conformity with the established front building line of
the presently existing dwelling or building, and each dwelling or building
shall consist of at least nine hundred (900) square feet of ground floor space.
13
ZONING BOARD-Zoning Board of Adjustment, as established under this
Ordinance.
ZONING OFFICER-The Zoning Officer shall be the Building Inspector,
unless another official is designated by the Mayor and Borough Council
of the Borough of Woodlynne.
14
SECTION 68-5. Administrative Procedure.
The Borough Council, Planning Board, and Zoning Board of
Adjustment shall adopt, and may amend reasonable rules and regu-
lations, not inconsistent with the Municipal Land Use Law of 1975,
P. L. 1975, c. 291 or this Ordinance for the administration of their
functions, powers and duties, and shall furnish a copy thereof to any
person upon request and may charge a reasonable fee, as established
by Chapter 53 of the Code of the Borough of Woodlynne for such copy.
Copies of all such rules and regulations and amendments thereto shall
be maintained in the office of the Borough Clerk.
SECTION 68-6. Meetings; quorums. Alternate Members.
A. Meetings of both the Planning Board and Zoning Board of Adjust-
ment shall be scheduled no less than once a month, and any meet-
ing so scheduled shall be held as scheduled unless cancelled for
lack of applications for development to process.
B. Special meetings may be provided for at the call of the Chair-
man or on the request of any two (2) Board members, which shall
be held on notice to its members and the public in accordance
with the requirements of the Open Public Meeting Law, c. 231, P.L.
1975.
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 present
at the meeting, except as otherwise required by any provision of
P. L. 1975, c. 291.
15
E. 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 the matter upon which the hearing was conducted, notwith-
standing his absence from one or more of the meetings; provided
however, that such board member has available to him the trans-
cript 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.
F. The Borough Council may, by ordinance, provide for the
appointment to the Planning Board of not more than two alter-
nate members. Alternate members shall be appointed by the Mayor,
and shall meet the qualifications of Class IV members pursuant
to Section 68-36D of this Ordinance, except that one such member
may be a member of the Zoning Board of Adjustment. Alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1" and "Alternate No. 2". The terms of the al-
ternate members shall be for two (2) years, except that the terms
of the alternate members shall be such that the term of not more
than one alternate member shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two (2) years. A vacancy occurring other-
wise than by expiration of term shall be filled by the appointing
authority for the unexpired term only.
Alternate members may participate in discussions of the pro-
ceedings 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.
SECTION 68-7. Public Meetings and Minutes.
A. 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 requirements of the Open Public Meetings
Law, Chapter 231 of the Laws of 1975. An executive session for
the purpose of discussing and studying any matters to come be-
fore either Board shall not be deemed a regular or special meeting
in accordance with the provisions of NJS.A. 40:55D-9.
B. Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action
taken by the Board, the findings, if any, made by it and reasons
therefore. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of
the Municipal Clerk. Any interested party shall have the right
to compel the production of the minutes for use as evidence in
any legal proceeding concerning the subject matter of such minutes.
Such interested party shall be charged a fee as established by
Chapter 53 of the Code of the Borough of Woodlynne, for the
reproduction of the minutes for his use.
17
SECTION 68-8. Hearings.
A. Public hearings and personal notice are required on each appli-
cation for development and on all variances before the Board of
Adjustment and the Planning Board and shall follow the require-
ments of the Municipal Land Use Law.
B. The Planning Board and Zoning Board of Adjustment may make rules
governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A.
40:550-1 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 Municipal Clerk. The appli-
cant 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 the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the produc-
tion of relevant evidence, including witnesses and documents
presented by the parties, and the provisionsof the County and
Municipal Investigations Law, P. L. 1953, c. 38 (N.J.S.A. 2A:67A-1
et.seq.) shall apply.
18
E. The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the pre-
siding officer, and the right of cross-examination shall be per-
mitted to all interested parties through their attorneys, if re-
presented, or directly, if not represented, subject to the discret-
ion of the presiding officer and to reasonable limitations as to
time and number of witnesses.
F. Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetit-
ious evidence.
G. Each Board shall provide for the verbatim recording of the
proceedings either by stenographer or by mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his expense;
provided that the Borough Council may provide by ordinance for the
municipality to assume the expense of any transcripts necessary for
appeal to the governing body pursuant to Section 68-16 of this
Ordinance of decisions by the Zoning Board of Adjustment pursuant
to Section 68-26A4 of this Ordinance, up to a maximum amount as
specified by the Ordinance.
The municipal agency in furnishing a transcript of the proceedings
to an interested party at his expense shall not charge such interes-
ted party more than the maximum permitted in N.J.S.A. 2A:11-15,
pursuant to N.J.S.A. 40:55D-10(f). Said transcript shall be certi-
fied in writing by the transcriber to be accurate.
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SECTION 68-9. Informal Review.
At the request of the developer, the Planning Board shall
grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an appli-
cation for development. The developer shall not be required
to submit any fees for such an informal review. The developer
shall not be bound by any concept plan for which review is re-
quested, and the Planning Board shall not be bound by any such
review.
SECTION 68-10. Form of Decision; Copies; Publication of
Decision.
A. Each decision on any application for development shall
be set forth in writing as a resolution of the Board,
which shall include findings of fact and legal conclu-
sions based thereon.
Failure of a motion to approve an application for devel-
opment to receive the numbers of votes required for app-
roval shall be deemed an action denying the application.
The Board may provide such written decision and findings
and conclusions either on the date of the meeting at
which the Board takes to grant or deny approval, or, if
the meeting at which such action is taken occurs within
the final 45 days of the applicable time period for ren-
dering a decision on the application for development,
within 45 days of such meeting by the adoption of a
20
resolution of memorialization setting forth the deci-
sion and the findings and conclusions of the Board
thereon. An action resulting from the failure of
a motion to approve an application shall be memorial-
ized by the resolution as provided above, notwithstanding
the time at which such action occurs within the applic-
able time period for rendering a decision on the applica-
tion.
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the
applicable time period for rendering a decision on the
application for development. Such resolution shall be
adopted by a vote of a majority of the members of the
Board who voted for the action previously taken, and no
other members of the Board shall vote thereon. The vote
on such resolution shall be deemed to be a memorializa-
tion if an action of the Board; except that failure to
adopt such a resolution within the 45 day period shall
result in the approval of the application for develop-
ment, notwithstanding any prior action taken thereon.
Whenever a resolution of memorialization is adopted in
accordance with this subsection, the date of such adop-
tion shall constitute the date of the decision for purposes
of the mailings, filings, and publications required by
subsections B and C of this section.
B. A copy of the decision shall be mailed by the Board with-
in ten (10) days of the date of decision to the applicant
21
or, if represented, then to his 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 established by Chapter 53 of
the Code of the Borough of Woodlynne.
decision shall also be filed in the office of the Mun-
A copy of the
icipal Clerk, who shall make a copy of such filed
decision available to any interested party upon pay-
ment of the fee established by Chapter 53.
C. A brief notice of the decision shall be published in the
official newspaper of the municipality.
tion shall be arranged by the Municipal Clerk, provided
Such publica-
that the applicant may in any case provide for publica-
tion of the decision. The applicant shall pay a fee as
designated by Chapter 53 for publication of said notice,
unless applicant submits proof acceptable to the Munici-
pal Clerk within ten (10) days of the decision that he
has provided for the required publication.
The period
of time in which an appeal of the decision may be made
shall run from the first publication of the decision
whether arranged by the Borough or the applicant.
SECTION 68-11. Notice Requirements for Hearings on Applica-
tions for Development.
Whenever a hearing is required on an application for devel-
opment pursuant to Subsection B of this section, the applicant
shall give public notice thereof in the official newspaper of
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22 -
the municipality at least ten (10) days prior to the date
of the hearing, and the applicant shall file an affidavit of
proof of service with the Board holding the hearing.
A. All notices as hereinunder required shall state the
date, time, and place of a 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.
B. Public notice of a hearing on an application shall be
given except for (1) conventional site plan review, if
the Planning Board finds that the application for devel-
opment conforms to the definition of a "Minor Site Plan"
pursuant to Section 68-4 of this Ordinance, (2) review
of applications for