Pursuant to the authority of N.J.S.A. 40:55D-25c,
the Planning Board shall exercise all powers of the Zoning Board of
Adjustment, but the Class I (Mayor) and the Class III (Township Committeeperson)
members shall not participate in the consideration of applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
The Planning Board shall have the powers listed
below in addition to other powers established by law:
A. Prepare, maintain and administer the Master Plan for
the physical development of the Township, including any areas outside
its boundaries which, in the Board's judgement, bear essential relation
to the planning of the Township.
B. Administer the provisions of this chapter.
C. Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D. Assemble data on a continuing basis as part of a continuous
planning process.
E. Prepare a capital improvements program if authorized
by the Township Committee.
F. Consider and make report to the governing body within
35 days after referral as to any proposed development regulation submitted
to it and also pass upon other matters specifically referred to the
Planning Board by the governing body.
G. The Planning Board shall have such other powers as
prescribed by law, including, but not limited to, the power to grant
the following variances, to the same extent and subject to the same
restrictions as the Zoning Board of Adjustment, when the Planning
Board is reviewing applications for approval of subdivisions, plans
or conditions uses:
[Amended 7-20-2004 by Ord. No. O-2004-6]
(1) Variances pursuant to §
96-8H(3) of this chapter from lot area, lot dimension, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted if there is an increase in the permitted density requiring a variance pursuant to §
96-8H(4).
(2) Direct issuance of a building permit for the construction
of a building or structure within the bed of a mapped street or public
drainageway, flood control basin or public area as shown on the adopted
Official Map (N.J.S.A. 40:55D-34).
(3) Direct issuance of a building permit for the construction
of a building or structure on a lot not abutting a street which is
shown on the adopted Official Map (N.J.S.A. 40:55D-36).
H. The Planning Board shall also exercise, to the same extent and subject to the same restrictions, all the powers described below which were previously exercised by the Board of Adjustment; however, the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d [Subsection
H(4) below].
[Added 7-20-2004 by Ord. No. O-2004-6]
(1) 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 enforcement of this chapter (N.J.S.A. 40:55D-70a).
(2) Hear and decide requests for interpretation of the
Zoning Map or this chapter or for decisions upon other special questions
upon which such Board is authorized by this chapter to pass (N.J.S.A.
40:55D-70b).
(3) Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property, the strict application of
any regulation in this chapter would result in peculiar and exceptional
practical difficulties to or exceptional and undue hardship upon the
owner 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
of 1975, c. 291, P.L. 1975 (N.J.S.A. 40:55D-70c).
(4) Grant a variance 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 Board for any of the following (N.J.S.A.
50:55D-70d):
(a)
A structure or use in a district restricted
against such structure or use.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pertaining
solely to a conditional use.
(d)
An increase in permitted floor area ratio.
(e)
An increase in permitted density, except as
applied to the required lot area for a lot or lots for detached one-
or two-dwelling unit buildings, which lot or lots are either an isolated
undersized lot or lots resulting from a minor subdivision.
(f)
A height of a principal structure which exceeds
10 feet or 10% of the maximum height permitted in the district for
a principal structure.
(5) 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
this chapter. Any application under any subsection of this section
may be referred to any appropriate person or agency, provided that
such reference shall not extend the period of time within which the
Board shall act.
Notice of the hearing on an amendment to this
chapter proposing a change to the classification or boundaries of
a zoning district, exclusive of classification or boundary changes
recommended in a periodic general reexamination of the Master Plan
by the Planning Board pursuant to Section 76 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-89), shall be given prior to adoption in accordance
with the provisions of Section 2 of P.L. 1995, c. 249 (N.J.S.A. 40:55D-62.1).
A protest against any proposed amendment or revision of a zoning ordinance
may be filed with the Municipal Clerk, signed by the owners of 20%
or more of the area either of the lots or land included in such proposed
change, or of the lots or land extending 200 feet in all directions
therefrom inclusive of street space, whether within or without the
municipality. Such amendment or revision shall not become effective
following the filing of such protest except by the favorable vote
of 2/3 of all the members of the governing body of the municipality.
Notice of any decision of the Planning Board
or Zoning Board of Adjustment when acting upon an application for
development and any decision of the governing body when voting upon
an appeal shall be given in the following manner:
A. A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or appellant,
or, if represented, to his or her attorney without separate charge.
A copy of the decision shall also be mailed within 10 days to any
interested party who has requested it and who has paid the required
fee.
B. A brief notice of the decision shall be published
in the official newspaper of the Township. The cost for such publication
shall be charged to the applicant and arranged by either the Secretary
of the Planning Board or Zoning Board of Adjustment. The notice shall
be sent to the official newspaper for publication within 10 days of
the date of decision.
C. A copy of the decision shall also be filed in the
office of the Township Clerk, who shall make a copy of such filed
decision available to any interested party upon payment of a fee calculated
in the same manner as those established for copies of other public
documents in the Township and shall also make the copy of the decision
available for public inspection during normal business hours.
[Added 8-3-2006 by Ord. No. O-2006-2]
A. Time limit on variances.
(1)
Applicable time limit. Any variance granted
by the Zoning Board of Adjustment or the Planning Board pursuant to
N.J.S.A. 40:55D-70, subsection c or d, shall expire and become null
and void two years from the date such variance is granted unless within
said period the applicant obtains a building permit or otherwise avails
himself of the said approval; provided, however, that in the event
that such variance is approved in conjunction with a major subdivision
or site plan approval, then such variance shall not expire and become
null and void until three years after the preliminary approval for
such site plan and/or subdivision is granted and any approved extensions
thereof, or if final approval is granted for such development, two
years from the date of the final approval and any approved extensions
thereof.
(2)
Varying time periods. Nothing contained herein shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than noted in Subsection
A(1) above pursuant to approvals granted to variance applications under N.J.S.A. 40:55D-70, subsection c or d, that are not in conjunction with a major subdivision or site plan approval.
B. Commencement of time periods. For the purpose of calculating
the times provided for in this section, such time periods shall commence
on the date the municipal agency memorializes its approval by written
resolution.