Agenda - Planning Commission - 10/02/2008

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Zoning Bulletin The coUrt also held that the fact that Terra Nova's failure to :file the CO was not raised prior to or during the BZA hearing did. not deny Terra Nova due process of law. The court reiterated that as a property owner Terra Nova was charged with knowledge of the zoning ordinance that affected its property and therefore should have known that it was rc;quired to file an application for a CO with its ILP application. More- over, the court said that the evidence the BZA could consider was not limited to the spoken word. The court found that the BZA properly re- viewed the documents filed by Terra Nova and found there was no CO. See also: Story Bed & Breakfast, LLP v. Brown County Area Plan Com'n, 819 N.E.2d 55 (Ind. 2004). Case Note: Likely significant to why Terra Nova appealed the denial . of its application rather than re-file were the facts that: (1) two days after it filed the application, the county boatd of commissioners established new setback requirements for CAFOs effective on that date; and (2) the Plan Commission had recommended a moratorium on new CAFO applications. Automatic Approval-Planning board fails to act on development application within statutory time period Developer seeks automatic approval Citation: Amerada Hess Corp. v. Burlington County Planning Bd., 195 N.]. 616,951 A.2d 970 (2008) NEW JERSEY (07/16/08)-Hess Corporation operated a gasoline sta- tion in the township. Hess acquired the development rights to the adja~ cent parcel. It sought to demolish the existing structures on that parcel and construct a Hess Express Minimart. Because Hess's development plan included a one-way egress driveway onto a county road, it needed t,o obtain county and township approval. 'In regard to obtaining county approval, Hess filed a development application with the county planning board (the Board) on August 10,2005. On February 12, 2006, having obtained no forinal action by the' Board on its applicatIon, and having received no communications from the Board for four months; Hess filed a legal action against the Board. Hess asked the court to declare that because of the Board's inaction its application was automatically approved under New Jersey's County Planning Act (the CPA). 8 @ 2008 Thomson Reuters/West 80 ,.-'''' 'j .....-, \ }