These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough. Any action
taken under the terms of this chapter shall give primary consideration
to the welfare of the entire community.
[Amended 11-2-2020 by Ord. No. 1692]
A. Powers and duties. The Planning Board shall adopt
such rules and regulations as are necessary to carry out its duties
as well as the provision and purposes of this chapter. The Planning
Board shall follow the provisions of N.J.S.A. 40:55D-69 et seq., including:
(1) To 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 officer based on or made in enforcement
of the zoning provisions of this chapter.
(2) To hear and decide, in accordance with the provisions
of this chapter, requests for interpretation of the Zoning Map or
zoning provisions of this chapter or for decisions upon other special
questions which such Board is authorized to pass by any other zoning
provisions of this chapter.
(3) Hardship and flexible variances.
(a)
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon the strict application
of any regulation pursuant to the zoning provisions of this chapter
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
to grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship.
(b)
Where, in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to the zoning provisions of this chapter; provided, however, that no variance from those departures enumerated in Subsection
A(4) of this section shall be granted under this subsection; and provided, further, 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 has power to review a request for a variance pursuant to §
141-6G(8).
(4) Use variances.
(a)
In particular cases and for special reasons,
to grant a variance to allow departure from regulations pursuant to
this chapter to permit: a use or principal structure in a district
restricted against such use or principal structure; an expansion of
a nonconforming use; deviation from a specification or standard pertaining
solely to a conditional use; an increase in the permitted floor area
ratio as defined in this chapter; an increase in the 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;
or a height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Planning Board.
(b)
If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection
A(4)(a) of this section, the decision on the requested variance or variances shall be rendered under §
141-7A(3).
(c)
No variance or other relief may be granted under the terms of this Subsection
A(4) or the preceding Subsection
A(3) unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning provisions of this chapter.
(5) The Planning Board, when hearing appeals and reviewing
applications, shall have the power, pursuant to N.J.S.A. 40:55D-76,
to:
(a)
Direct issuance of a permit pursuant to N.J.S.A.
40:55D-34 for a building or a structure in the bed of a mapped street
or public drainageway, flood control basin, or public area preserved
pursuant to N.J.S.A. 40:55D-32.
(b)
Direct issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(6) The Planning Board shall have the power to grant subdivision,
site plan approval or conditional use approval whenever the Planning
Board is reviewing an application for approval of a use variance.
(7) The Planning Board shall have the power to grant nonconforming
use certifications pursuant to the provisions of N.J.S.A. 40:55D-68.
B. Appeals and applications.
(1) Appeals to the Planning Board may be taken by any
interested party within 20 days of the action by the officer from
whom the appeal was taken. Three copies of the notice shall be filed
with the Borough Clerk specifying the grounds for the appeal. The
officer from whom the appeal is taken shall transmit to the Board
all the papers constituting the record.
(2) Applications to the Planning Board without prior application
to an administrative officer shall be filed with the Borough Clerk.
Three copies of the application shall be filed, along with all plot
plans, maps or other papers required by this chapter or any rule of
the Planning Board.
(3) An appeal stays all proceedings unless the officer
from whom the appeal is taken certifies to the Planning Board 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 otherwise than by 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.
(4) Any application may be referred to any person or agency
for its report, provided that such reference shall not extend the
period of time within which the Planning Board shall act.
C. Power to reverse or modify decisions. The Planning
Board may reverse or affirm, wholly or partly, or 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.
D. Time for decision. 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 not later than 120
days after the submission of a complete application for development
without prior application to the administrative officer. Failure of
the Board to render a decision within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
E. Expiration of variance. In the granting of bulk and
use variances, a time limit of one year from the date of the variance
approval shall be set, within which time the owner shall secure a
building permit; otherwise, the variance granted shall be null and
void. The approving authority may, for good cause shown, extend the
period for securing a building permit for an additional period not
exceeding six months.
[Amended 11-2-2020 by Ord. No. 1692]
A. Conflicts of interest. No member of the Planning Board
shall act on any matter in which he or she has, either directly or
indirectly, any personal or financial interest. Whenever any member
shall disqualify himself from acting on a particular matter, he or
she shall not continue to sit with the Board on the hearing of such
matter or participate in any discussion or decision relating thereto.
B. Meetings.
(1) Meetings for both Boards shall be scheduled no less
than once a month, and any meeting shall be held as scheduled unless
canceled for lack of applications for development to process.
(2) Special meetings may be called by the Chairman or
on request of any two Board members, provided that there is notice
to the members and public in accordance with all applicable legal
requirements.
(3) No action shall be taken at any meeting without a
quorum being present. All actions shall be by majority vote of a quorum,
except where a specified portion of the full authorized membership
is required by N.J.S.A. 40:55D-26, 40:55D-34 and 40:55D-70d.
(4) All meetings shall be open to the public. Notice of
meetings shall be given in accordance with the Open Public Meetings
Law, P.L. 1975, c. 231.5.
C. Minutes. Minutes of regular and special meetings shall
be kept and shall include the names of persons appearing and addressing
the Board and of persons appearing by attorney, the action taken,
the findings, if any, and the reasons therefor. The minutes shall
be made available for public inspection during normal business hours
at the office of the Borough Clerk. Any interested party shall have
the right to compel production of the minutes and shall be charged
a fee for their reproduction.
D. Hearings.
(1) Rules. The Planning Board shall make rules governing
the conduct of hearings before such bodies, which rules shall not
be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or
of this chapter.
(2) Oaths. 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
production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.),
shall apply.
(3) Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(4) Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5) Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, 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.
E. Notice requirements for hearings. Whenever a hearing
is required: on an application for development pursuant to N.J.S.A.
40:55D et seq.; on an appeal or application to the Planning Board
under the provisions of N.J.S.A. 40:55D-70a or b; pursuant to the
determination of the municipal agency in question; or for nonconforming
use certifications pursuant to the provisions of N.J.S.A. 40:55D-68,
the applicant shall give notice thereof as follows:
(1) Public notice shall be given by publication in the
official newspaper of the Borough at least 10 days prior to the date
of the hearing.
(2) Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located in the
state and within 200 feet in all directions of the property which
is the subject of such hearing and whether located within or without
the municipality in which the applicant's land is located. Such notice
shall be given by serving a copy thereof on the owner as shown on
the said current tax duplicate or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address shown on the current tax duplicate. A return receipt
is not required. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, vice president, secretary or other persons authorized
by appointment or by law to accept service on behalf of the corporation,
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice to a condominium association, horizontal property
regime, community trust or homeowners' association because of its
ownership of common elements or areas located within 200 feet of the
property which is the subject of the hearing may be made in the same
manner as to a corporation without further notice to unit owners,
co-owners or homeowners on account of such common elements or areas.
(3) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) Notice shall be given by personal service or by certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road, shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
(5) Notice shall be given by personal service or by certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6) Notice shall be given by personal service or by certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Borough Clerk pursuant to Section 6b of P.L.
1975, c. 291.11.
(7) All notices herein above specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
(8) Any notice made by certified mail as herein above
required shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
(9) Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing; the nature of the matters to be considered; the 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 Borough 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.
F. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate administrative officer of the municipality, being the Borough Assessor or his or her designee, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
E(2) of this section of this section.
G. Decisions.
(1) Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
shall include findings of fact and legal conclusions based thereon.
(2) A copy of the decision shall be mailed by the Board,
within 10 days of the date of decision, to the applicant 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 prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Borough 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
fees established for copies of other public documents in the municipality.
H. Publication of decisions. A brief notice of every
final decision shall be published in the official newspaper of the
municipality. Such publication shall be arranged by the Secretary
of the Planning Board without separate charge to the applicant. Said
notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
I. Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and 40:55D-65, every application for development submitted
to the Planning Board shall be accompanied by proof that no taxes
or assessments for local improvements are due or delinquent on the
property which is the subject of such application; or if it is shown
that taxes or assessments are delinquent on said property, the Planning
Board, in its sole discretion, may elect to proceed with the application,
and any approvals or other relief granted by either Board shall be
conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
J. Appeals. All appeals of any final decision of the
the Planning Board on any class of application for development shall
be made to the New Jersey Superior Court.