[Amended 7-9-1987 by Ord. No. 22-87; 12-11-1997 by Ord. No.
34-97]
B.
The Planning Board shall consist of four classes of
members, plus alternates, as follows:
(1)
Class I: the Mayor of the Township of Hanover, or
the Mayor's designee in the absence of the Mayor.
(2)
Class II: one of the officials of the Township other
than a member of the governing body, 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 Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1),
shall be deemed to be the Class II Planning Board member for the purposes
of this chapter in the event that there are 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.
(3)
Class III: a member of the governing body to be appointed
by it.
(4)
Class IV: six citizens of the Township to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one such member may be
a member of the Zoning Board of Adjustment or Historic Preservation
Commission or Board of Education. If there is a Municipal Environmental
Commission, the member of the Environmental Commission who is also
a member of the Planning Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board Member,
unless there are among the Class IV or alternate members of the Planning
Board both a member of the Zoning Board of Adjustment or Historic
Preservation Commission and a member of the Board of Education, in
which case the member common to the Planning Board and Municipal Environmental
Commission shall be deemed a 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.
C.
Alternate members. There shall be two alternate members
of the Planning Board appointed by the Mayor. Alternate members shall
meet the qualifications of Class IV members of the Planning Board.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2."
[Amended 12-11-1997 by Ord. No. 34-97]
The terms of office for Planning Board members
shall be as follows:
A.
The term of the member composing Class I shall correspond
to the Mayor's official tenure. In the case of the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure.
B.
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, as set forth in Subsection C below.
C.
The term of a Class II or Class 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.
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment, Historic Preservation Commission
or Board of Education shall terminate when he is no longer a member
of such other body or at the completion of his Class IV term, whichever
occurs first.
E.
The terms of all Class IV members shall be for four years, except for Class IV members who are also members of the Zoning Board of Adjustment, Historic Preservation Commission, Board of Education or Environmental Commission as set forth in Subsections C and D above. The terms of all Class IV members first appointed under this chapter shall be so determined that, to the greatest practical extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
F.
The term of alternate members shall be for two years.
G.
Nothing contained herein shall affect the terms of
any present member of the Planning Board, all of whom shall continue
as members until the completion of the terms for which they were appointed.
H.
All terms shall run from January 1 of the year in
which the appointment is made.
If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above-provided, for the unexpired term.
The Planning Board shall adopt bylaws and such
other rules and regulations governing its procedural operation, which
bylaws, rules and regulations shall be consistent with the provisions
of this chapter and the New Jersey Municipal Land Use Law (P.L. 1975,
c. 291).[1] The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary, who may or may not
be a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance. It may employ
or contract for and fix the compensation of legal counsel, other than
the Municipal Attorney, and experts and other staff and services as
it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Planning Board shall be governed by and
shall have such powers as are conferred upon it by P.L. 1975. c. 291.[1] More specifically, the Planning Board shall:
A.
Prepare, adopt and, from time to time, amend or revise
a Master Plan for the Township of Hanover.
B.
Exercise control over the review of subdivisions and
site plans in accordance with this chapter.
C.
Assemble data on a continuing basis as part of a continuous
planning process.
D.
Exercise such control as may be conferred upon it
by this chapter over the granting of applications for conditional
uses.
E.
Approval of a subdivision, site plan or conditional
use.
(1)
Whenever the proposed development requires the approval
of a subdivision, site plan or conditional use, but not a variance
pursuant to Subsection d of Section 57 P.L. 1975, c. 291 (N.J.S.A.
40:55D-70), the Planning Board shall have the power to grant, to the
same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to Section 57c of P.L. 1975.
c. 291 (N.J.S.A. 40:55D-70c).
(2)
Whenever relief is requested pursuant to this subsection,
notice of the hearing on the application for development shall include
reference to the request for a variance or direction for the issuance
of a permit, as the case may be.
(3)
The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon the granting of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the Zone Plan and Zoning Ordinance.[5]
F.
Exercise such other duties as may be assigned to it
by ordinance or resolution of the governing body and perform such
other functions as may be authorized by the New Jersey Municipal Land
Use Law (P.L. 1975. c. 291) or any amendment or supplement thereto.
[1]
Editor's Note: See N.J.S.A. 40:55D-25.
[Amended 12-11-1997 by Ord. No. 34-97]
No regular, alternate or temporary member of
the Planning Board shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited from acting on a matter due to a conflict
of interest, regular members of the Zoning Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board. Regular members of the Zoning Board of Adjustment
shall be called in order of seniority of continuous service to the
Zoning Board of Adjustment. If a choice has to be made between regular
members of equal seniority, the, Chairman of the Zoning Board of Adjustment
shall make the choice. There shall be called only the minimum number
of members of the Zoning Board of Adjustment as are necessary to establish
a quorum of the Planning Board to act on the matter.
Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the governing
body for cause.
A.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Planning Board shall make and transmit
to the governing body, within 35 days after referral, a report including
recommendations concerning the proposed development regulation, revision
or amendment. The governing body, when considering the adoption of
a development regulation, revision or amendment thereto, shall review
the report of the Planning Board and may disapprove or change any
recommendation by a vote of a majority of its full authorized membership
and shall record in its minutes the reasons for not following such
recommendations. Failure of the Planning Board to transmit its report
within the thirty-five-day period provided herein shall relieve the
governing body of the requirements of this subsection in regard to
the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
B.
The governing body may, by ordinance, provide for
the reference of any matter or class of matters to the Planning Board
before final action thereon by a municipal body or municipal officer
having final authority thereon, except for any matter under the jurisdiction
of the Board of Adjustment. Whenever the Planning Board shall have
made a recommendation regarding a matter authorized by this Act[1] to another municipal body, such recommendation may be
rejected only by a majority of the full authorized membership of such
other body.
[1]
Editor's Note: "This Act" refers to the Municipal
Land Use Act, N.J.S.A. 40:55D-1 et seq.
[Amended 5-8-2014 by Ord.
No. 17-14]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 166-9E of this article, the Planning Board shall grant or deny approval of the application within 120 days after the submission by a developer of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variances or direction for the issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in the Municipal Land Use Law. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer's being
required to make further application to the Planning Board or the
Planning Board's being required to hold further hearings. The longest
time period for action by the Planning Board, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
section, notice of the hearing on the plat shall include reference
to the request for such conditional use.
[Amended 12-11-1997 by Ord. No. 34-97]
Pursuant to P.L. 1975, c. 291,[1] as amended, there is hereby established a Zoning Board
of Adjustment consisting of seven members and not more than two alternate
members. No member may hold any elective office or position under
the municipality. Both the members and alternate members shall be
appointed by the Township Committee. Alternate members shall be designated
by the Township Committee as "Alternate No. 1" and "Alternate No.
2." In the event that a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote. The term of each alternate
member shall be two years.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
If a vacancy on the Board of Adjustment shall
occur otherwise than by expiration of the Board of Adjustment term,
it shall be filled by appointment, as above-provided, for the unexpired
term.
[Amended 7-9-1987 by Ord. No. 22-87]
A.
The Zoning Board of Adjustment shall adopt bylaws
and such other rules and regulations governing its procedural operation,
which bylaws, rules and regulations shall be consistent with the provisions
of this chapter and P.L. 1975, c. 291.[1] The Board shall elect a Chairman and Vice Chairman from
its members and select a Secretary who may or may not be a member
of the Board of Adjustment or a municipal employee. The Board may
employ, or contract for, and fix the compensation of legal counsel,
other than the Municipal Attorney, and experts and other staff and
services as it may deem necessary, not exceeding, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The Board of Adjustment shall, at least once a year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report on its findings on Zoning
Ordinance provisions which were the subject of variance requests and
its recommendations for Zoning Ordinance amendment or revision, if
any. The Board of Adjustment shall send copies of the report and resolution
to the governing body and Planning Board.
The Board of Adjustment shall have the power
to:
B.
Hear and decide requests for interpretation of the
Zoning Map or regulations or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning regulation
or Official Map regulation, in accordance with this chapter or P.L.
1975, c. 291, as amended.
C.
Where, by reason of the 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 Article 8 of the New Jersey Municipal Land Use Law (P.L.
1975, c. 291)[2] 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 of such regulation so as to relieve such difficulties or hardship. 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 Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Zoning Board of Adjustment shall have the power to grant a variance to allow departure from regulations pursuant to Article 8, of the New Jersey Municipal Land Use Law (P.L. 1975. c. 291); provided, however, that no variance from these departures enumerated in Subsection D, as hereinafter outlined, 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 Section 47a of P.L. 1975, c. 291.[3]
D.
In particular cases and for special reasons, grant a variance to allow departure from regulations, pursuant to Part 5 of this chapter, to permit:
[Amended 12-11-1997 by Ord. No. 34-97]
(1)
A use or principal structure in a district restricted
against such use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pertaining
solely to a conditional use;
(4)
An increase in the permitted floor area ratio as defined
in this chapter;
(5)
An increase in the permitted density as defined in
this chapter, 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
minor subdivision; or
(6)
A height of a principal structure which exceeds by
10 feet or 10% the maximum height permitted in the district for a
principal structure.
E.
G.
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Part 4 or conditional use approval pursuant to Part 5 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection D of this section. The developer may elect to submit a separate application requesting approval of the variance and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Map and Zoning Regulations.[7] The number of votes of Board of Adjustment members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the specific vote required pursuant to Subsection D of this section shall not be required.
H.
No variance or other relief may be granted under the terms of Subsections A, B, C and D above unless such variance or other relief can be granted without substantial detriment to the public good and unless such variance or other relief will not substantially impair the intent and purposes of the Zone Plan and Zoning Ordinance.
[Added 12-11-1997 by Ord. No. 34-97]
The governing body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment. The Board may employ experts and legal advice as set forth in § 166-18 above.
[Amended 5-8-2014 by Ord.
No. 17-14]
A.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of the Zoning Officer or Township Engineer
of the Township based on or made in enforcement of the Zoning Ordinance
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken,
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board of Adjustment all
papers constituting the record upon which the action appealed from
was taken.
B.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to the Zoning Officer or Township Engineer.
A.
The Board of Adjustment shall render a decision not
later than 120 days after the date an appeal is taken from the decision
of the Zoning Officer or the date of the submission of a complete
application for development to the Board of Adjustment pursuant to
Section 59b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-72.
B.
In the event that the developer elects to submit separate consecutive applications for a use variance as provided in § 166-19D of this chapter, the one-hundred-twenty-day provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent site plan approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the prescribed period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
The Board of Adjustment may reserve or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and, to that end, have
all the powers of the Zoning Officer from whom the appeal is taken.
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the officer from whose action
the appeal is taken certifies to the Board of Adjustment, after the
notice of appeal shall have been filed with him, that, by reason of
facts stated in the certificate, to stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court, on application,
upon notice to the officer from whom the appeal is taken and on due
cause shown.
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968. c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Board of Adjustment shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time.
An application under this section may be referred
to any appropriate person or agency, including the Planning Board,
pursuant to Section 17 of P.L. 1975, c. 291,[1] for its report, provided that such reference shall not
extend the period of time within which the Zoning Board of Adjustment
shall act.
[1]
Editor's Note: See N.J.S.A. 40:55-26.
[Amended 12-11-1997 by Ord. No. 34-97]
No regular, alternate or temporary member shall
be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest. If the Zoning Board
of Adjustment lacks a quorum because any of its regular or alternate
members is prohibited from acting on a matter due to a conflict of
interest, Class IV members of the Planning Board shall be called upon
to serve, for that matter only, as temporary members of the Zoning
Board of Adjustment. Class IV members of the Planning Board shall
be called in order of seniority of continuous service to the Planning
Board. If a choice has to be made between Class IV members of equal
seniority, the Chairman of the Planning Board shall make the choice.
There shall be called only the minimum number of Class IV members
of the Planning Board as are necessary to establish a quorum of the
Zoning Board of Adjustment to act on the matter.
[Amended 9-10-2020 by Ord. No. 22-2020]
Variances granted by the Planning Board or the Zoning Board
of Adjustment shall expire unless the development that was the subject
of the variance is substantially commenced in accordance with the
following:
A.
"Substantial commencement" defined. As used in this section, "substantial
commencement" shall be interpreted to mean actual material construction
and/or alteration of the improvements, or the issuance of a certificate
of occupancy and/or habitability in the case of changes of use, that
were the subject of the variance application, but shall not include
demolition of existing structures, removal of debris, clearing, tree
removal, installation of silt fencing or other such preconstruction
activities that would be permitted without such variance.
B.
Variances not subject to site plan, subdivision or conditional use
approval. Variance approvals from the Zoning Board of Adjustment which
do not also require subdivision, site plan or conditional use approval
shall expire one year after the date of the adoption of a resolution
or memorializing resolution of approval, unless there has been substantial
commencement of the development, unless such period is tolled or extended
as set forth below.
C.
Variances granted with subdivision, site plan or conditional use
approval. Variances from the Planning Board or the Zoning Board of
Adjustment which were granted with associated subdivision, site plan
and/or conditional use approvals shall expire on the same date as
the expiration of the period of statutory protection against changes
in the zoning regulations, unless construction or alteration of the
improvements, and/or the use, as applicable, that were the subject
of the development application have substantially commenced, unless
such period is tolled or extended as set forth below. In addition,
any variances which were a prerequisite for subdivision approval shall
also expire if the plat or deed for the subdivision has not been filed
with the County Recording Officer within the time frames required
by law.
D.
Bifurcated variance applications. Variances from the Planning Board
or the Zoning Board of Adjustment which are bifurcated from all required
subsequent subdivision, site plan and/or conditional use approvals
from the Board shall expire unless the following conditions are complied
with:
(1)
Such subsequent applications shall be filed within six months of
the date of adoption of the resolution or memorializing resolution
approving the variance.
(2)
The developer shall obtain all required site plan and/or subdivision
approvals, as applicable, within one year of the filing date of the
application therefor, or the variance will expire. For purposes of
administering this provision, "approvals" shall be construed to mean
the vote by the Planning Board or Board of Adjustment, as applicable,
in favor of the application, and not the adoption of resolution memorializing
such decision.
E.
Extension of variances. The Planning Board or the Zoning Board of Adjustment, as applicable, may, upon good cause shown in writing, extend the expiration terms for variances specified in Subsections B, C, and D above. The following procedures shall apply:
(1)
Variances granted without site plan or subdivision. In considering
requests for extensions of bifurcated variances or variances that
were not granted as part of an application for site plan or subdivision
approval, the following shall apply:
(a)
The developer may apply for an extension either before or after
what would otherwise be the expiration date. Whenever the Board grants
a variance extension pursuant to this subsection and the variance
has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date.
(b)
The developer may apply for and the Board may grant extensions
of variances for a time period not to exceed one year for each extension.
A new application shall be required for each subsequent request for
a variance extension.
(c)
The reviewing board shall have the discretion to grant or deny
variance extensions. In considering extension requests, the reviewing
board shall determine if the reasons for the grant of the original
variance remain valid, in which case the board shall grant the extension.
If the reviewing board determines, however, that circumstances have
changed since the original grant, and that due to such circumstances
the basis for the original grant is no longer valid, the board shall
deny the extension.
(2)
Variances granted with site plan or subdivision. In considering requests
for extensions of variances that were granted as part of an application
for site plan or subdivision approval, the Planning Board or Board
of Adjustment, as applicable, shall follow the applicable procedures
and requirements for extensions of the period of approval and/or period
of protection from changes in zoning regulations for such development
applications as set forth in this chapter.
F.
Tolling of variances. Notwithstanding the foregoing expiration provisions,
in the event that, during the period of approval heretofore or hereafter
granted to a variance, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with said development, the running of
the period of approval under this chapter shall be suspended for the
period of time said legal action is pending or such directive or order
is in effect.
The Board of Adjustment shall hold a hearing on each application of development. Said hearing shall be conducted in a manner consistent with the requirements of Article VI of this chapter.
