[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
[1]
Editor's Note: Former § 360-13, Establishment; composition;
term of office; restrictions; vacancies; removal, § 360-14,
Organization of Board, § 360-15, Board of Adjustment Attorney,
and § 360-16, Experts and staff, were repealed 4-1-2014
by Ord. No. O:2014-09.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall
apply.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
A.
The powers of the Planning Board shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer
upon the Planning Board as full and complete powers as may lawfully
be conferred upon such Planning Board, including, not by way of limitation,
the authority, in connection with any case, action or proceeding before
the Planning Board, to interpret and construe the provisions of this
chapter, or any term, clause, sentence or word hereof, and the Zoning
Map in accordance with the general rules of construction applicable
to legislative enactments.
C.
The Planning Board may, in appropriate cases and subject
to appropriate conditions and safeguards, grant variances from the
terms of this chapter in accordance with the general or specific rules
contained herein and with the general rules hereby laid down that
equity shall be done in cases where the strict construction of the
provisions of this chapter would work undue hardship. The powers and
duties of the Planning Board having been delegated to and imposed
upon it by statute, the Planning Board shall in all cases follow the
provisions applicable to it in said P.L. 1975, c. 291, or subsequent
statutes in such case made and provided, and it shall from time to
time furnish to any person requesting the same a copy of its rules
and information as to how appeals or applications may properly be
filed with the Planning Board for its decision thereon.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
A.
Appeals to the Planning Board may be taken by any
person aggrieved or by any officer, department, board or bureau of
the municipality affected by any decision of the administrative officer.
Each appeal shall be taken within the 65 days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
was taken, together with 11 copies of said notice with the Secretary
of the Planning Board. Said notice of appeal shall specify the grounds
for said appeal. The officer from whom the appeal is taken shall forthwith
transmit to the Planning Board all the papers constituting the record
upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction
of the Planning Board without prior application to an administrative
officer shall be filed with the Secretary of the Planning Board. Eleven
copies of the application shall be filed. At the time of filing the
appeal or application, but in no event less than 10 days prior to
the date set for hearing, the applicant shall also file all plot plans,
maps or other papers required by virtue of any provision of this chapter
or any rule of the Planning Board. The applicant shall obtain all
necessary forms from the Secretary of the Planning Board. The Secretary
of the Planning Board shall inform the applicant of the steps to be
taken to initiate proceedings and of the regular meeting dates of
the Planning Board.
C.
An appeal stays all proceedings in furtherance of
the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Planning Board 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 otherwise than by a restraining
order, which may be granted by the Planning Board or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
In exercising the above-mentioned power, the
Planning Board may, in conformity with the provisions of P.L. 1975,
c. 291, or amendments thereto or subsequent statutes applying, reverse
or affirm wholly or partly or may modify the order, requirement, decision
or determination appealed from and make such other requirement, decision
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
Any variance from the terms of this chapter
hereafter granted by the Planning Board permitting the erection or
alteration of any structure or structures or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by said variance or unless such permitted use
has actually been commenced within nine months from the date of entry
of the judgment or determination of the Planning Board; except, however,
that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
Planning Board to the governing body, or to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
The Planning Board shall have such powers as
are granted by law to:
A.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 625, Zoning.
C.
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Chapter 625, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law, P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-60.
D.
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the full authorized membership of the Planning Board.
E.
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Chapter 625, Zoning. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
A.
The Planning Board shall, in addition to the powers specified in § 360-22 of this article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the Official
Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
B.
The Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Planning Board is reviewing an application for approval of a use variance pursuant to Article II, § 360-22D, of this chapter.
[Amended 4-1-2014 by Ord.
No. O:2014-09]
A.
The Planning Board shall render its decision not later
than 120 days after the date an appeal is taken from the decision
of an administrative officer or after the submission of a complete
application for development to the Planning Board pursuant to the
provisions of N.J.S.A. 40:55D-70b.
B.
Failure of the Planning 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.
