A.
There is hereby established pursuant to N.J.S.A. 40:55D-1
et seq. (c. 291, P.L. 1975) in the Borough of Alpha, Warren County,
New Jersey, a Planning Board of nine members, consisting of the following
four classes:
(1)
Class I: the Mayor or the Mayor's designee.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor; provided, however, that if there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed
to be the Class II Planning Board member if there are both a member
of the Historic Preservation Commission and a member of the Board
of Education among the Class IV members.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one may be a member of the Board
of Education. A member of the Environmental Commission who is also
a member of the Planning Board, as required by N.J.S.A. 40:56A-1,
shall be a Class IV Planning Board member unless there are among the
Class IV members or alternate members of the Planning Board both a
member of the Historic Preservation Commission and a member of the
Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board. For the purpose of this section, membership on a municipal
board or commission whose function is advisory in nature, and the
establishment of which is discretionary and not required by statute,
shall not be considered the holding of municipal office.
B.
There shall be two alternate members in Class IV.
Alternate members of Class IV shall serve for terms of two years;
provided, however, that in the event that two alternate members of
Class IV are appointed, the initial terms of such members shall be
one and two years, respectively. Such alternate members shall be designated
by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall
serve in rotation during the absence or disqualification of any regular
member or members of Class IV.
C.
If a vacancy of any class shall occur otherwise than
by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
A.
Class I, II and III members. The term of the Mayor
or the Mayor's designee shall correspond with his official tenure.
The term of the member composing Class II and Class III shall be for
one year or shall terminate at the completion of the respective term
of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission.
B.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years, except as otherwise
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
C.
Environmental Commission members. The term of the
Class II or IV member who is also a member of the Environmental Commission
shall be for three years or shall terminate at the completion of his
term of office as a member of the Environmental Commission, whichever
occurs first.
D.
Board of Education members. The term of a Class IV
member who is also a member of the Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
A.
Officers. The Board shall elect a Chairman and Vice
Chairman from the members of Class IV and shall select a Secretary,
who may be either a member of the Board or a municipal employee designated
by it.
B.
Attorney. There is hereby created the office of Planning
Board Attorney. The Board may annually appoint and fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
C.
Experts and staff. The Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
No member of the Planning Board shall act on
any matter in which he has, either directly or indirectly, any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter, nor participate in any discussion
or decision relating thereto.
A.
Meetings.
(1)
Meetings of the Board shall be scheduled no less often
than once a month, and any meetings so scheduled shall be held as
scheduled unless canceled for lack of applications for development
to process.
(2)
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
shall be held on notice to the Board's members and the public, in
accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present.
(4)
All actions shall be taken by majority vote of a quorum,
except as otherwise required by the statutory provisions enumerated
in N.J.S.A. 40:55D-9, Subsection a, or this chapter.
(5)
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 Act,
c. 231, P.L. 1975.[1] An executive session for the purpose of discussing and
studying any matters to come before the Board shall not be deemed
a regular or special meeting within the meaning of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Minutes. 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 and the findings, if any, made by it
and reasons therefor. 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 production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his use, as provided for in the rules of the Board.
The 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.
Said Board shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the municipality, including any
areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the municipality, in accordance
with the provisions of N.J.S.A. 40:55D-28.
C.
To approve conditional use applications in accordance with the provisions of Chapter 410, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuous planning process.
F.
To prepare a program of municipal capital improvement
projects projected over a term of six years, and amendments thereto,
and recommend same to the governing body in accordance with the provisions
of N.J.S.A. 40:55D-29 et seq.
G.
To consider and make a report to the governing body,
within 35 days after referral, as to any proposed development regulations
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26,
Subsection a, and also pass upon other matters specifically referred
to the Planning Board by the governing body pursuant to the provisions
of N.J.S.A. 40:55D-26, Subsection b.
H.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment,
variances and related relief in accordance with the provisions of
N.J.S.A. 40:55D-60 et seq.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body, for the aid
and assistance of the governing body or other agencies or officers.
J.
To report and make recommendations concerning an Official
Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
A.
Appeals and applications.
(1)
Appeals to the Board shall be taken within 20 days
of the action appealed from by filing a notice of appeal with the
officer from whom the appeal was taken and copies of said notice with
the Secretary of the Board. The notice of appeal shall specify the
grounds for appeal. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from was taken.[1]
(2)
Applications addressed to the original jurisdiction
of the Board without prior application to an administrative officer
shall be filed with the Secretary of the Board 14 days prior to the
date set for hearing. Four copies of the application and eight copies
of a plot plan shall be filed.
(3)
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 rules of the Board.
The applicant shall obtain all necessary forms from the Secretary
of the Board. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board. Whenever a subdivision approval or site
plan approval is sought incidental to a Board of Adjustment application,
completed applications shall include all information required for
subdivision or site plan approval, and the Borough Engineer shall
determine when the application is complete with respect to the subdivision
or site plan.
(4)
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
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 cases,
proceedings shall not be stayed other than by a restraining order,
which may be granted by the Superior Court of New Jersey on notice
to the officer from whom the appeal is taken and on due cause shown.
B.
Authority. The powers of the 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.
C.
Power to reverse or modify decisions. In exercising
the above-mentioned power, the Board may reverse or affirm, wholly
or partly, or may modify the action, order, requirement, decision,
interpretation 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 is taken.
D.
Powers granted by law. The Board shall have such powers
as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency, based on or made in the enforcement of Chapter 410, Zoning.
(3)
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 situations or conditions of such piece of property, the strict application of any regulation in Chapter 410, Zoning, 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 N.J.S.A. 40:55D-60.
(4)
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
two-thirds of the full authorized membership of the 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 421, 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.[2]
F.
Additional powers. The Board shall have additional
powers as 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
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.
(3)
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to § 57-9D(4) of this chapter.
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Board or within such further time as may
be consented to by the applicant. Failure of the Board to act within
the period prescribed shall constitute minor subdivision approval.
Approval of a minor subdivision shall expire 190 days from the date
of approval unless, within such period, a plat in conformity with
such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Board before it will
be accepted for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval.
(1)
Major subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
applicant. Upon submission of a complete application for a subdivision
of more than 10 lots, the Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the applicant. Otherwise, the Board
shall be deemed to have granted preliminary approval for the subdivision.
(2)
Site plans. Upon submission of a complete application
for a site plan of 10 or fewer acres or 10 or fewer dwelling units,
the Board shall grant or deny preliminary approval within 45 days
of the date of such submission or within such further time as may
be consented to by the applicant. Upon submission of a complete application
for a site plan of more than 10 acres or more than 10 dwelling units,
the Board shall grant or deny preliminary approval within 95 days
of the date of such submission or within such further time as may
be consented to by the applicant. Otherwise, the Board shall be deemed
to have granted preliminary approval for the site plan.
(3)
Effect of preliminary approval. Preliminary approval
of a major subdivision or a site plan pursuant to this section shall,
except as provided in N.J.S.A. 40:55D-49, Subsection d, confer upon
the applicant the rights set forth in N.J.S.A. 40:55D-49.
C.
Ancillary powers. Whenever the Board is called upon
to exercise its ancillary powers before the granting of a variance
as set forth hereinabove, the Board shall grant or deny approval of
the application within 95 days after submission by the developer of
a complete application or within such further time as may be consented
to by the applicant. Failure of the Board to act within the period
prescribed shall constitute approval of the application.
D.
Final approval.
(1)
Application for final subdivision or site plan approval
shall be granted or denied within 45 days of submission of a complete
application or within such further time as may be consented to by
the applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless, within such period,
the plat shall have been duly filed by the developer with the county
recording officer. The Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
(3)
Effect of final approval of a site plan or major subdivision.
Final approval of a major subdivision or of a site plan shall confer
upon the applicant the rights set forth in N.J.S.A. 40:55D-52.
E.
Incomplete application. If the application for development
is found to be incomplete, the developer shall be notified thereof
within 45 days of submission of such application, or it shall be deemed
to be properly submitted.
F.
Time limit for decision when acting as the Board of
Adjustment.
(1)
The 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 not later than 120 days after the submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-72, Subsection b.
(2)
Failure of the 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.
