[Amended 3-5-1979]
A.
There is hereby established pursuant to c. 291, P.L.
1975, in the Borough a Planning Board of nine members consisting of
the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the Borough other
than a member of the Borough Council to be appointed by the Mayor;
provided 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 is both a member of the Zoning Board
of Adjustment and a member of the Board of Education among Class IV
members.
(3)
Class III: a member of the Borough Council to be appointed
by it.
(4)
Class IV: six other citizens of the Borough to be
appointed by the Mayor. The members of Class IV shall hold no other
Borough office, except that one member may be a member of the Zoning
Board of Adjustment and 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 be among the Class IV members of
the Planning Board both a member of the Zoning Board of Adjustment
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.
B.
Alternate members.
[Amended 12-3-2001]
(1)
There shall be two alternate members, who shall be
municipal residents. Alternate members shall be appointed by the appointing
authority for Class IV members, and shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
(2)
No alternate member shall be permitted to act on any
matter in which he/she has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he/she requests one, be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class. Participation of alternate members shall not
be deemed to increase the size of the Planning Board established by
this chapter pursuant to N.J.S.A. 40:55D-23. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
C.
If the Planning Board lacks a quorum because any of
its regular or alternate members are prohibited by N.J.S.A. 40:55D-23
or 40:55D-23.1 from acting on a matter due to the member's personal
or financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest therein, whether direct
or indirect. If a choice has to be made between regular members of
equal seniority, the Chair of the Board of Adjustment shall make the
choice.
[Added 12-3-2001]
[Amended 3-5-1979]
A.
The term of the member composing Class I shall correspond
with his/her official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his/her term of office as a member of the Environmental
Commission, whichever comes first.
B.
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he/she is no longer a member of such other body or at the
completion of his/her Class IV term, whichever occurs first.
C.
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 term shall be evenly distributed
over the first four years after their appointment as determined by
resolution of the Borough Council, provided however, that no term
of any member shall exceed four years and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the term for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member,
after a public hearing if he/she requests one, may be removed by the
governing body for cause.
The Planning Board shall elect a Chair and Vice
Chair from the members of Class IV and select a secretary who may
be either a member of the Planning Board or a Borough employee designated
by it.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney.
The Planning 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, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Borough Council for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. It 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 Borough including any areas
outside its boundaries, which in the Board's judgment, bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
C.
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the Borough Council.
F.
To consider and make report to the Borough Council
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the Mayor and Borough Council, pursuant to the provisions
of N.J.S.A. 40:55D-26(b).
G.
Variances and permits.
(1)
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:
(b)
Direction pursuant to Section 23 of said act
for issuance of permit for building or structure in the bed of a mapped
street or public drainage way, flood control basin or public area
reserved pursuant to Section 23 of said act.
(c)
Direction pursuant to Section 27 of said act
for issuance of a permit for a building or structure not related to
a street.
(2)
Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit as the case may be.
H.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council for the aid
and assistance of the Borough Council or other agencies or officers.
[Added 12-5-2005 by Ord. No. 7-2005]
A.
Findings. The Zoning Board of Adjustment was created
by ordinance pursuant to the terms of N.J.S.A. 40:55D-69. The aforementioned
statute mandates the creation of a Zoning Board of Adjustment upon
the adoption of a zoning ordinance unless the municipality is eligible
for the option provided by N.J.S.A. 49:55D-25c which allows the Planning
Board to exercise the powers of the Zoning Board of Adjustment in
a municipality having a population of 15,000. The population of the
Borough of Hamburg is less than 15,000.
B.
Authority of Planning Board to exercise powers of
Board of Adjustment. The Planning Board shall hereafter exercise to
the same extent and subject to the same restrictions all the powers
granted by law to the Zoning Board of Adjustment. Except for applications
for development, appeals or other matters pending before the Zoning
Board of Adjustment at the date of the adoption of this section, said
Board shall not hear, consider or decide any applications for development,
appeals or other matters.
C.
Abolishment of Board of Adjustment; discharge of members.
The Zoning Board of Adjustment shall be abolished upon the conclusion
of all applications for development, appeals and other matters which
were pending before it on the date of the adoption of this section,
and all members, officers and employees shall be discharged from their
position, offices or employment.
D.
Restrictions on Class I and Class III members of Planning
Board. Class I and Class III members of the Planning Board shall not
participate in the consideration of any application for development
which involve relief pursuant to N.J.S.A. 40:55D-70d.
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 Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of the Planning Board
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the County Recording Officer, the Borough Engineer and Borough
Tax Assessor. Any such plat or deed must be signed by the Chair and
secretary of the Planning Board before it will be accepted for filing
by the County Recording Officer.
B.
Preliminary approval, major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning 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 developer. Upon submission of a complete
application for a subdivision of more than 10 lots the Planning 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 developer. Otherwise the Planning Board shall be deemed
to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 28-7G, the Planning 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 Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval. Application for final subdivision
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. 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 Planning 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.
[Amended 11-5-2007 by Ord. No. 10-2007]
Applications for development shall be filed with the Secretary of the Planning Board at least 21 days before the date of hearing and in accordance with the requirements of the General Submission Checklist set forth on the attached schedule.[1] The applicant shall obtain all necessary forms from the
Secretary of the Land Use Board.
[1]
Editor's Note: The General Submission Checklist is included at the end of this chapter.
The Mayor may appoint one or more persons as
a citizens advisory committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the Borough, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
to the Planning Board. Failure of the Planning Board to make such
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
[Added 6-1-2009 by Ord.
No. 07-2009]
The Historic Preservation Commission shall receive a copy of
the application. The Land Use Board shall forward to the Historic
Preservation Commission a copy of any application for development
at least 21 days before conducting any hearing thereon.
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.
