This chapter shall be known and may be cited as the "Land Use Procedures
Ordinance" of the Borough of New Providence.
The purpose of this chapter is as follows: to establish a Planning Board
and Zoning Board of Adjustment, to define the powers and responsibilities
of each Board and to specify the procedures for making application to these
Boards in accordance with the Municipal Land Use Law (MLUL), the Zoning Ordinance
and the Subdivision and Site Plan Ordinance of the Borough of New Providence.
All definitions found in the MLUL and the Zoning Ordinance of the Borough
of New Providence shall apply to this chapter.
The period of time in which an appeal of a decision may be made shall
run from the first publication of the decision.
A. To Planning Board or Board of Adjustment.
(1) Reasons. Appeals to the Planning Board or the Board of
Adjustment may be taken in accordance with the provisions of §
291-6
of this chapter by any interested party affected by any decision of the Borough
Zoning Officer, based on or made in the enforcement of the Zoning Ordinance
or Official Map; an application for a building or structure in the bed of
a mapped street or public drainage way, flood control basin or reserved public
area; or an application for a building or structure not related to a street.
Appeals may be made to the Board of Adjustment by applicants denied certification
of the existence of a nonconforming use or structure prior to the adoption
of the Zoning Ordinance which rendered the use or structure nonconforming. A developer
may file an application for development with the appropriate board for action
under any of its powers without prior application to the Zoning Officer.
(2) Filing procedures. Appeals shall be taken within 20 days
by filing a notice of appeal with the Zoning Officer specifying the grounds
of such appeal. The Zoning Officer shall immediately transmit to the Board
all the papers constituting the record upon which the action appealed from
was taken.
(3) Time for decision. The board receiving the appeal 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 submission of a complete application
for development if the developer files a direct application pursuant to Subsection
A(1) above. 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.
(4) Modification on appeal. The reviewing board may reverse
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.
(5) Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action in respect to which the decision appealed from
was made unless the Zoning Officer from whose action 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 case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice to
the Zoning Officer from whom the appeal is taken and on due cause shown.
B. To Borough Council.
(1) Right of appeal. Any interested party may appeal to the
Borough Council any final decision of the Board of Adjustment approving an
application for development which requires a D variance. Such appeal shall
be made within 10 days of the date of publication of such final decision.
The appeal to the Borough Council shall be made by serving the Borough Clerk
in person or by certified mail with a notice of appeal specifying the grounds
thereof and the name and address of the appellant and name and address of
his attorney, if represented. Such appeal shall be decided by the Borough
Council only upon the record established before the Board of Adjustment.
(2) Notice of meeting. Notice of the meeting to review the
record shall be given by the Borough Council by personal service or certified
mail to the appellant, to all those who requested a copy of the decision and
to the Board of Adjustment at least 10 days prior to the date of the meeting.
The parties may submit oral and written argument on the record at such meeting,
and the Borough Council shall provide for verbatim recording and transcripts
of such meeting.
(3) Responsibilities of applicant. The appellant shall, within
five days of service of the notice of the appeal, arrange for 10 copies of
a transcript of the hearing before the Board of Adjustment for use by the
Borough Council and pay a deposit of $50 or the estimated cost of such transcription,
whichever is less, or within 35 days of service of the notice of appeal, submit
10 copies of a transcript as otherwise arranged to the Borough Clerk; otherwise,
the appeal may be dismissed for failure to prosecute.
(4) Period for review. The Borough Council shall conclude
a review of the record not later than 95 days from the date of publication
of notice of the decision by the Board of Adjustment unless the applicant
consents, in writing, to an extension of such period. Failure of the Borough
Council to hold a hearing and conclude a review of the record and to render
a decision within such specified period shall constitute a decision affirming
the action of the Board.
(5) Result of review. The Borough Council may reverse, remand
or affirm, with or without the imposition of conditions, the final decision
of the Board of Adjustment approving a D variance. The review shall be made
on the record made before the Board of Adjustment.
(6) Majority vote required. The affirmative vote of a majority
of the full authorized membership of the Borough Council shall be necessary
to reverse, remand or affirm, with or without conditions, any final action
of the Board of Adjustment.
(7) Stay of proceedings. An appeal to the Borough Council
shall stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the Board of Adjustment certifies
to the Borough Council that, by reasons of facts stated in the certificate,
a stay would, in its 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 Board of Adjustment and on good cause
shown.
(8) Publication of decision. The Borough Council shall mail
a copy of the decision to the appellant or, if represented, then to his attorney,
without separate charge, and for a reasonable charge to any interested party
who has requested it not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official newspaper
of the borough, if there is one, or in a newspaper of general circulation
in the borough. Such publication shall be arranged by the applicant. The period
of time in which an appeal to a court of competent jurisdiction may be made
shall run from the first publication.
C. To court. Nothing in this chapter or the MLUL shall be
construed to restrict the right of any party to obtain a review of the decision
of the Board of Adjustment on an application for development requiring a D
variance by any court of competent jurisdiction according to law.
All applications for development filed prior to the effective date of
this chapter may be continued, but any appeals arising out of decisions made
on any such application shall be governed by the provisions of this chapter.
[Added 10-12-2004 by Ord. No. 2004-13]
A. Creation. There is hereby created in and for the Borough
of New Providence a Historic Preservation Commission (the "Commission"). The
powers of the Commission shall be strictly limited to those expressly set
forth in this section. The section is enacted under the authority of the Borough
to regulate the use of land for the public health, safety and welfare pursuant
to N.J.S.A. 40:48-1, N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-107 through 40:55D-112.
B. Membership.
(1) The Commission shall consist of five regular members
and may have not more than two alternate members of the following three classes:
(a) Class A: a person who is knowledgeable in building design
and construction or architectural history and who may reside outside the Borough
of New Providence.
(b) Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the Borough.
(c) Class C: a citizen of the Borough of New Providence who
shall hold no other municipal office, position or employment except for membership
on the Planning Board or Board of Adjustment.
(d) There shall be at least one regular member from each
class.
(2) Alternate members shall meet the qualifications of Class
C members.
C. Appointment and terms of members; vacancies.
(1) The Mayor shall appoint all members of the Commission
and shall designate at the time of appointment the regular members by class
and the alternate members, if any, as "Alternate No. 1" and "Alternate No.
2."
(2) Terms. The terms of the members first appointed shall
expire in the following manner:
(a) The first appointed Class A member shall serve an initial
term of four years. Thereafter, the Class A member shall serve a term of four
years.
(b) The first Class B member shall serve an initial term
of three years. Thereafter, the Class B member shall serve a term of four
years.
(c) One Class C member shall serve an initial term of four
years, one Class C member shall serve an initial term of three years, one
Class C member shall serve an initial term of two years. Thereafter, each
Class C member shall serve a term of four years.
(d) One alternate member shall serve an initial term of two
years, and one alternate member shall serve an initial term of one year. Thereafter,
each alternate member shall serve a term of two years.
(3) A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only and done so by the Mayor within
30 days of the vacancy. Notwithstanding any other provision therein, the term
of any member common to the Commission and the Planning Board shall be for
the term of membership on the Planning Board, and the term of any member common
to the Commission and the Board of Adjustment shall be for the term of membership
on the Board of Adjustment.
D. Officers. The Commission shall annually elect a Chairman
and Vice Chairman from its members, and annually select a Secretary, who may
or may not be a member of the Commission or a municipal employee.
E. Rules and procedures. The Commission shall create rules
and procedures for the transaction of its business, subject to the following
regulations:
(1) A quorum for the transaction of business shall consist
of three of the Commission's members, including the Chairman or, in his
or her absence, the Vice Chairman.
(2) The Secretary shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions, findings,
determinations and decisions. All such material shall be public records.
(3) All meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-6, et seq.)
(4) Alternate members may participate in discussions of the
proceedings but may not vote except in the absence or disqualification of
a regular member. 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.
(5) No member of the Commission shall be permitted to act
on any matter in which he or she has, either directly or indirectly, any personal
or financial interest.
(6) A member of the Commission may, after public hearing
if he or she requests it, be removed by Borough Council for cause.
F. Compensation for members. The Commission members shall
serve without compensation.
G. Powers and duties. The Commission shall have the responsibility
to:
(1) Prepare, maintain and update from time to time a survey
of historic sites of the Borough.
(2) Make recommendations to the Planning Board on the historic
preservation plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
(3) Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement plan.
(4) Advise Borough Council, the Planning Board and Board
of Adjustment on applications for development or other matters concerning
historic preservation when requested or directed by Borough Council, the Planning
Board or Board of Adjustment.
(5) Report annually to the Mayor and Borough Council on the
state of historic preservation in the Borough and recommend measures to improve
same.
(6) Provide written reports on the application of Zoning
Ordinance provisions concerning historic preservation.
(7) Advise the Construction Code Official (or other designated
administrative officer) on applications for construction permits.
(8) Carry out such other advisory, educational and informational
functions as will promote historic preservation in the municipality.
H. Advice on certain applications. The Planning Board and
Board of Adjustment shall refer to the Historic Preservation Commission every
application for development submitted to either Board for development in historic
zoning districts or on historic sites designated on the Zoning or Official
Map or identified in any component element of the Master Plan. This referral
shall be made when the application for development is deemed complete or is
scheduled for a hearing, whichever occurs sooner. Failure to refer the application
as required shall not invalidate any hearing or proceeding. The Historic Preservation
Commission may provide its advice, which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing on the application
and to explain any written report which may have been submitted.
I. Reports on certain applications.
(1) Applications to the Construction Code Official (or other
designated administrative officer) for the issuance of permits for development,
including demolition, renovation, alteration, reconstruction or additions
to existing buildings and structures within historic areas, historic districts
or historic sites, shall be referred by the Officer to the Historic Preservation
Commission for a written report prior to the issuance of such permits.
(2) The Historic Preservation Commission shall review applications
for the above-mentioned permits for compliance with the Borough's Land
Use Development and/or Zoning Ordinance provisions concerning historic preservation
with respect to any of those aspects of the change proposed, pursuant to the
Municipal Land Use Law (N.J.S.A. 40:55d-1 et seq.).
(3) The Historic Preservation Commission shall advise the
Construction Code Official (or other designated administrative officer) by
way of written report as to whether or not the application for the permit
is in compliance.
(4) In the case of an application for a construction permit,
the Historic Preservation Commission shall report, in writing, to the Construction
Code Official (or other designated administrative officer) within 45 days
of his/her referral of the application to the Historic Preservation Commission.
The Historic Preservation Commission shall give the applicant written notice
of date, time and place of meeting prior to the Historic Preservation Commission
meeting. if the Historic Preservation Commission recommends to the Construction
Code Official (or other designated administrative officer) against the issuance
of the permit or recommends conditions to the permit to be issued, the Construction
Code Official (or other designated administrative officer) shall deny issuance
of the permit or include the conditions in the permit as the case may be.
(5) In the case of a referral by the Planning Board or Board
of Adjustment, the Historic Preservation Commission shall report to the particular
Board in question, in writing, within 45 days of the referral by the Board
to the Historic Preservation Commission.
(6) Failure of the Historic Preservation Commission to report
within the time periods specified in this section shall be deemed to constitute
a report in favor of issuance of the permit and without the recommendations
of conditions to the permit.
(7) Appeals of the decisions of the Construction Code Official
(or other designated administrative officer) based on the recommendations
of the Historic Preservation Commission shall be made to the Zoning Board
of Adjustment in accordance with the Municipal Land Use Law and the New Providence
Land Use Ordinance.
(8) Appeals of the decisions of the Board of Adjustment or
Planning Board based on the recommendations of the Historic Preservation Commission
may be made as provided by law.
J. Historic areas. The requirements of this section shall
apply to all development, including demolition, renovation, reconstruction
and additions to existing buildings or structures that may be situated within
those areas designated as "historic sites" on the Community Facilities Plan
Map included in the 1978 Master Plan and as referenced and incorporated in
the Master Plan adopted on May 6, 2004, and potentially eligible sites of
historical significance.