[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 3-28-1988 by Ord. No. 88-4.
Amendments noted where applicable.]
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.[1]
All definitions found in the MLUL and the Zoning Ordinance of the Borough
of New Providence[1] shall apply to this chapter.
A.
Establishment. A Planning Board is hereby established
pursuant to the MLUL, N.J.S.A. 40:55D-23 and 55D-23.1, consisting of seven
members and two alternate members.
B.
Members.
(1)
The membership of the Planning Board shall consist of,
for convenience in designating the manner of appointment, the four following
classes:
(2)
The members of Class IV shall hold no other borough office,
position or employment. Membership on a borough 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 borough
office. If there is established an Environmental Commission, a member of the
Commission shall be a Class IV member of the Planning Board as required by
Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), unless there is among
the alternate members both a member of the Board of Adjustment of Historic
Preservation Commission and a member of the Board of Education, in which case
the member common to the Planning Board and Environmental Commission shall
be deemed a Class II member.
C.
Alternate members.
(1)
An alternate member shall hold no other municipal office
except for membership on discretionary advisory boards as permitted for regular
Class IV members and except that one alternate may be a member of the Board
of Adjustment or Historic Preservation Commission and one alternate may be
a member of the Board of Education.
(2)
Alternate members shall be designated at the time of
appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The 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.
D.
Terms. Terms of the members shall be as follows and shall
run from January 1 of the year in which the appointment is made:
(1)
Class I: Correspond to official tenure.
(2)
Class II: One year or terminate at the completion of
the term in office.
(3)
Class III: One year or terminate at the completion of
the term in office.
(4)
Class IV: Four years, except for members of an Environmental
Commission, whose term shall be three years or terminate at the completion
of their term of office as a member of the Environmental Commission, whichever
occurs first.
(5)
Alternate member: two years.
E.
Removal. Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the Borough Council
for cause.
F.
Vacancies. If a vacancy in any class, including an alternate
member, shall occur otherwise than by expiration of the Planning Board term,
it shall be filled by appointment, as above provided, for the unexpired term.
G.
Organization. The Planning Board shall elect a chairman
and vice chairman from the members of Class IV.
H.
Staff.
(1)
Secretary. The Planning Board shall select a secretary,
who may or may not be a member of the Planning Board or a borough employee.
(2)
Attorney. There is hereby created the office of Planning
Board Attorney, who shall not be the Borough Attorney. The compensation of
the Planning Board Attorney shall be fixed annually.
(3)
Experts, staff and services. The Planning Board may also
employ or contract for the services of experts and other staff and services
as it may deem necessary. The compensation shall not exceed, exclusive of
gifts or grants, the amount appropriated by the Borough Council for the Board's
use.
A.
Establishment. A Zoning Board of Adjustments is hereby
established pursuant to the MLUL, N.J.S.A. 40:55D-69, consisting of seven
regular members and two alternate members.
B.
Members. Members shall be appointed by the Mayor with
the advice and consent of the Borough Council. No member may hold any elective
office or position under the borough.
C.
Alternate members. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The 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.
D.
Terms. The term of each regular member shall be four
years, and the term of the alternate members shall be two years.
E.
Removal. A member may, after public hearing if he requests
it, be removed by the Borough Council for cause.
F.
Vacancies. The Mayor shall nominate a candidate to fill
a vacancy within 30 days after a position on the Board becomes vacant. If
the Mayor fails to nominate within the 30 days or if the Borough Council fails
to confirm any nomination made by the Mayor, then, after the expiration of
the 30 days, the Council shall appoint the new member. No such appointment
shall be made except by the vote of a majority of the members of the Council
present at the meeting, provided that at least three affirmative notes shall
be required for such purpose, the Mayor to have no vote thereon except in
case of a tie. A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
G.
Organization. The Board of Adjustment shall elect a chairman
and vice chairman from its members.
H.
Staff.
(1)
Secretary. The Board of Adjustment shall select a secretary,
who may or may not be a member of the Board of Adjustment or a borough employee.
(2)
Attorney. There is hereby created the office of Zoning
Board of Adjustment Attorney who shall not be the Borough Attorney. The compensation
of the Board of Adjustment Attorney shall be fixed annually.
(3)
Experts, staff and services. The Board of Adjustment
may also employ or contract for the services of experts and other staff and
services as it may deem necessary. The compensation shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Borough Council for the
Board's use.
I.
Compensation. The compensation of the Zoning Board of
Adjustment members shall be fixed by the Borough Council annually.
A.
General.
(1)
Derivation. The powers of the Planning Board shall be
in accordance with the MLUL (N.J.S.A. 40:55D-23 et seq.) and amendments and
supplements thereto and with the provisions of this chapter. The powers of
the Zoning Board of Adjustment shall be in accordance with the MLUL (N.J.S.A.
40:55D-69 et seq.) and amendments and supplements thereto and with the provisions
of this chapter. It is the intent of this chapter to confer upon the Planning
Board and the Board of Adjustment as full and complete powers as may lawfully
be conferred upon these Boards, including, not by way of limitation, the authority,
in connection with any case, action or proceeding before either Board, to
interpret and construe the provisions of this chapter or any term, clause,
sentence or word thereof and the Zoning Map,[1] in accordance with the general rule of construction, applicable
to legislative enactments.
(2)
Power to grant variances. The Planning Board and the
Board of Adjustment may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in accordance
with the general or specific rules contained herein and with the general rules
hereby laid down so that equity will be done in cases where the strict construction
of the provisions of this chapter would work undue hardship.
B.
Joint powers. Both the Planning Board and the Board of
Adjustment shall have power over matters listed in this section except as
noted herein.
(1)
Subdivision and site plan review. The power to administer
the provisions of the Subdivision and Site Plan Ordinance of the Borough of
New Providence[3] in accordance with the provisions of said ordinance and the MLUL
(N.J.S.A. 40:55D-37 et seq.) is reserved to the Planning Board except when
the proposed development requires approval by the Board of Adjustment of a
D variance pursuant to § 291-6D(1) of this chapter (MLUL N.J.S.A.
40:55D-70d).
(2)
Conditional use. The power to approve conditional use
applications in accordance with the provisions of the Zoning Ordinance[4] and the MLUL (N.J.S.A. 40:55D-67) is reserved to the Planning
Board except when the proposed development requires approval by the Board
of Adjustment for a D variance pursuant to § 291-6D(1) of this chapter
(MLUL N.J.S.A. 40:55D-70d).
(3)
C variances. A variance to allow departure from the regulations
of the Zoning Ordinance may be granted:
(a)
Where:
[1]
By reason of exceptional narrowness, shallowness or shape
of a specific piece of property;
[2]
By reason of exceptional topographic conditions or physical
features uniquely affecting a specific piece of property; or
[3]
By reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures lawfully
existing thereon;
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the strict application of any regulation pursuant to the Zoning Ordinance
and Article 8 of the MLUL would result in peculiar and exceptional practical
difficulties or exceptional and undue hardship upon the developer of such
property. 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 may be granted.
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(b)
Where, in an application or an appeal relating to a specific
piece of property the purposes of the MLUL would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation would
substantially outweigh any detriment. A variance to allow departure from regulation
pursuant to the Zoning Ordinance and Article 8 of the MLUL may be granted;
provided, however, that no D variance from those departures enumerated in
the MLUL (N.J.S.A. 40:55D-70d) shall be granted under this subsection. This
power is reserved to the Board of Adjustment except when the proposed development
requires subdivision, site plan or conditional use approval in conjunction
with the granting of the a variance in accordance with this subsection, in
which case the Planning Board has exclusive power. No variance or other relief
may be granted under the terms of this subsection 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 Ordinance.
(4)
Location of buildings or structures in reserved areas.
Whenever one or more parcels of land upon which is located the bed of a mapped
street or public drainage way, flood control basin or public area reserved
pursuant to Chapter 310, Zoning, § 310-8, and the MLUL (N.J.S.A.
40:55D-32) cannot yield a reasonable return to the owner unless a building
permit is granted, the Board of Adjustment may, in a specific case, by an
affirmative vote of a majority of the full authorized membership of the Board,
direct the issuance of a permit for a building or structure in the bed of
such mapped street or public drainage way or flood control basin or public
area reserved pursuant to Chapter 310, Zoning, § 310-8, which will,
as little as practicable, increase the cost of opening such street or tend
to cause a minimum change of the Official Map, and the Board shall impose
reasonable requirements as a condition of granting the permit so as to promote
the health, morals, safety and general welfare of the public. The procedures
of this chapter shall apply to applications or appeals pursuant to this subsection.
This power is reserved to the Board of Adjustment, except when the proposed
development requires approval, pursuant to the Subdivision and Site Plan Ordinance,
of a subdivision or site plan or, pursuant to the Zoning Ordinance, of a conditional
use but not a D variance, pursuant to the MLUL (N.J.S.A. 40:55D-70d), the
Planning Board shall have the power to grant building permits to the same
extent and subject to the same restrictions as the Board of Adjustment.
(5)
Location of buildings or structures not related to a
street. Where the enforcement of Chapter 310, Zoning, § 310-19 (MLUL,
N.J.S.A. 40: 55D-35), would entail practical difficulty or unnecessary hardship
or where the circumstances of the case do not require the building or structure
to be related to a street, the Board of Adjustment may, upon application or
appeal, vary the application of § 310-19 and direct the issuance
of a permit subject to conditions that will provide adequate access for fire-fighting
equipment, ambulances and other emergency vehicles necessary for the protection
of health and safety and that will protect any future street layout shown
on the Official Map or on a general circulation plan element of the Borough
Master Plan pursuant to § 291-11 of this chapter (MLUL, N.J.S.A.
40:55D-28b). The procedures of this chapter shall apply to applications or
appeals pursuant to this subsection. This power is reserved to the Board of
Adjustment except when the proposed development requires approval pursuant
to the Subdivision and Site Plan Ordinance of a subdivision or site plan or,
pursuant to the Zoning Ordinance, of a conditional use but not a D variance,
pursuant to MLUL (N.J.S.A. 40:55D-70d), the Planning Board shall have the
power to grant building permits to the same extent and subject to the same
restrictions as the Board of Adjustment.
C.
Planning Board. The following powers and duties are reserved
exclusively to the Planning Board:
(1)
Master Plan. To make and adopt and from time to time
amend a Master Plan for the physical development of the borough in accordance
with the provisions of § 291-11 of this chapter and the MLUL, Article
3 (N.J.S.A. 40:55D-28).
(2)
Official Map. Prior to the hearing on the adoption or
amendment of an Official Map by the Borough Council, the Planning Board shall
review said Map for conformance with the appropriate provisions of the Master
Plan.
(3)
Capital projects. Before the Borough Council or other
public agency having jurisdiction over the subject matter takes action necessitating
the expenditure of any public funds, incidental to the location, character
or extent of such project, the Council or agency shall refer the action involving
such specific project to the Planning Board for review and recommendation
in conjunction with the Master Plan and shall not act thereon without such
recommendation or until 45 days have elapsed after such reference without
receiving such recommendation. This requirement shall apply to action by a
housing, parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, state, county or municipal.
(4)
Ordinance review. Prior to the adoption of a development
regulation, revision or amendment thereto, the Planning Board shall make and
transmit to the Borough Council, within 35 days after referral, a report,
including identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the Master Plan and recommendations
concerning those inconsistencies and any other matters as the Board deems
appropriate. Failure of the Planning Board to transmit its report within the
thirty-five-day period shall relieve the Borough Council from the requirements
of the MLUL (N.J.S.A. 40:55D-26) to act upon the recommendations of the Planning
Board in regard to development regulations but not from these requirements
in connection with the approval of the Official Map or an amendment or revision
thereto nor to the approval of a zoning ordinance inconsistent with the land
use plan element or the housing plan element of the Master Plan or an amendment
or revision thereto.
(5)
Miscellaneous duties. The Planning Board may participate
in the preparation and review of programs or plans required by state or federal
law or regulation, assemble data on a continuing basis as part of a continuous
planning process and 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 Council or other agencies or officers. When the Borough Council, by
ordinance, provides for the reference of any matter or class of matters to
the Planning Board before final action thereon by a borough body or borough
official having final authority thereon and the Planning Board shall have
made a recommendation regarding a matter authorized by the MLUL[5] to another borough body, such recommendation may be rejected only
by a majority of the full authorized membership of such other body.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Board of Adjustment. The following powers and duties
are reserved exclusively to the Board of Adjustment:
(1)
D variance. In particular cases and for special reasons,
the Board of Adjustment shall have the power to grant a variance to allow
departure from regulations pursuant to Article 8 of the MLUL 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 pursuant to the MLUL (N.J.S.A. 40:55D-67) and the Zoning Ordinance[6] pertaining solely to a conditional use, an increase in the permitted
floor area ratio, as defined in the MLUL (N.J.S.A. 40:55D-4) and the Zoning
Ordinance, an increase in the permitted density as defined in the MLUL (N.J.S.A.
40:55D-4), except as applied to the required lot area for a lot or lots for
detached as one- or two-dwelling unit buildings which lot or lots are either
an isolated, undersized lot or lots resulting from a minor subdivision. A
variance under this subsection shall be granted only by affirmative vote of
at least five members. No variance or other relief may be granted under the
terms of this subsection 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 Ordinance.
(2)
Appeals. The Board of Adjustment shall have the power
to hear and decide appeals where it is alleged by the appellant that there
is error in any order, requirement, decision or refusal made by an administrative
officer based on or made in the enforcement of the Zoning Ordinance. It shall
also have the power to hear and decide requests for interpretation of the
Zoning Map or Zoning Ordinance[7] or for decisions upon other special questions upon which such
the Board of Adjustment is authorized to pass by the Zoning Ordinance in accordance
with the MLUL and the Zoning Ordinance. No variance or other relief may be
granted under the terms of this subsection 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
Ordinance. Section 291-10 of this chapter shall apply to appeals pursuant
to this subsection.
(3)
Report on variances heard. 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 of 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
Borough Council and Planning Board.
A.
Meetings.
(1)
Regular meetings. Meetings of both the Planning Board
and the Board of Adjustment shall be scheduled no less than once a month and
any meeting so scheduled shall be held as scheduled unless canceled for lack
of applications for development to process.
(2)
Special meetings. Special meetings, at the call of the
Chairman or on the request of any two of its members, shall be held on notice
to its members and the public in accordance with all applicable legal requirements.
(3)
Quorum. No actions shall be taken at any meeting without
a quorum being present.
(4)
Open to public. 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 Law,
Chapter 231 of the Laws of 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 and the MLUL.[2]
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, 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 Borough Clerk. Any interested party shall have
the right to compel production of the minutes for use as evidence in any legal
proceedings 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.
C.
Rules. The Planning Board and the Board of Adjustment
shall adopt and may amend reasonable rules and regulations not inconsistent
with the MLUL or this chapter, the Zoning or the Subdivision and Site Plan
Ordinances [3] for the administration of their functions, powers and duties and
shall furnish a copy thereof to any person upon request and may charge a reasonable
fee for such copy. In the issuance of subpoenas, administration of oaths and
taking of testimony, the provision of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. Copies of all such rules
and regulations and amendments thereto shall be maintained in the office of
the Borough Clerk.
D.
Fees. Fees to be charged an applicant for review of an
application for development by the Planning Board or the Board of Adjustment
and an appellant to the Borough Council pursuant to § 291-10 of
this chapter and the MLUL (N.J.S.A. 40:55D-17) shall be reasonable and shall
be established by ordinance. The ordinance may exempt, according to uniform
standards, charitable, philanthropic, fraternal and religious nonprofit organizations
holding a tax-exempt status under the Federal Internal Revenue Code of 1954
[26 U. S. C. § 501(c) or (d)] from the payment of any fee charged
under this chapter and the MLUL. A developer shall not be required to submit
any fees for an informal review of a concept plan for a development for which
the developer intends to prepare and submit an application for development.
E.
Referrals. An application to the Board of Adjustment
to hear and decide appeals or to hear and decide requests for interpretations
pursuant to § 291-6D(2), to grant D variances pursuant to § 291-6D(1),
or applications to the Planning Board or the Board of Adjustment to grant
C variances pursuant to § 291-6B(3) may be referred to any appropriate
person or agency for its report, provided that such reference shall not extend
the period of time within which the Board shall act.
F.
Approval.
(1)
Votes required for approval. All actions of the Planning
Board and the Board of Adjustment shall be taken by a majority vote of the
members of the Board present at the meeting, except that a majority of the
full authorized membership is required to approve applications for relief
from the provisions of this chapter and the Zoning Ordinance[4] pertaining to building of structures in the bed of any street
or public drainage way, flood control basin or public area [§ 291-6B(4)];
and the rejection of recommendations of the Planning Board when an application
has been referred to said Board, [§ 291-6C(5)]; and except that
approvals of D variances require the affirmative vote of at least five members.
Failure of a motion to receive the number of votes required to approve an
application for development shall be deemed an action denying the application.
(2)
Voting eligibility. A member of a Board who was absent
for one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that such
Board member has available to him the transcript or recording of all of the
hearing from which he was absent and certifies, in writing, to the Board that
he has read such transcript or listened to such recording.
G.
Conflict of interest. No member of the Planning Board
or the Board of Adjustment shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
A.
Type.
(2)
These forms and checklists are hereby made a part of
this section, and the forms and required plats, plans and engineering documents
shall, when applicable, be completed and submitted in the number and type
of copies specified of the forms as part of an application. The applicant
shall obtain application forms and associated checklists from the Borough
Clerk. A written request for waiver of one or more of the checklist submission
requirements may be submitted with the application.
B.
Time.
(1)
Documents on file. Any maps and documents for which approval
is sought at a hearing on an application for development or adoption, revision
or amendment of the Master Plan shall be on file and available for public
inspection at least 10 days before the date of the public hearing during normal
business hours in the office of the Borough Clerk. The applicant may produce
other documents, records or testimony at the hearing to substantiate or clarify
or supplement the previously filed maps and documents.
(2)
Review period. All complete applications for development,
as defined in Subsection C following, shall be granted or denied approval
by the Planning Board or the Board of Adjustment within the time period specified
in Chapter 305, Subdivision of Land and Site Plan Review, § 305-8,
unless an extension of the period to act has been granted, in writing, by
the applicant. Failure to act within the prescribed period will constitute
approval as defined in Chapter 305, Subdivision of Land and Site Plan Review, § 305-8B(3).
(3)
Effect of legal action. In the event that, during the
period of approval heretofore or hereafter granted to an application for development,
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 and the MLUL[1] or under any ordinance repealed by this chapter, as the case may
be, shall be suspended for the period of time any legal action is pending
or such directive or order is in effect.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Completeness. An application for development shall be
complete for purposes of commencing the applicable time period for action
by the Planning Board or Board of Adjustment when so certified by the Construction
Official. In the event that the Construction Official does not certify the
application to be complete within 45 days of the date of its submission, the
application shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless the application
lacks information indicated on the checklist specified in Subsection A above
which shall be provided to the applicant and the Construction Official has
notified the applicant, in writing, as to the deficiencies in the application
within 45 days of submission of the application. The applicant may request
that one or more of the submission requirements be waived, in which event
the Board shall grant or deny the request within 45 days. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application. The
Board may subsequently require correction of any information found to be in
error and submission of additional information not specified in this chapter
or any revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the Board.
D.
Application by corporation or partnership.
(1)
List of stockholders or partners. A corporation or partnership
applying to the Planning Board or the Board of Adjustment for permission to
subdivide a parcel of land into six or more lots or applying for a variance
to construct a multiple dwelling of 25 or more family units or for approval
of a site to be used for commercial purposes shall list the names and addresses
of all stockholders or individual partners owning at least 10% of its stock
of any class or at least 10% of the interest in the partnership, as the case
may be.
(2)
Corporation or partnership ownership. If a corporation
or partnership owns 10% or more of the stock of a corporation or ten-percent
or greater interest in a partnership, subject to disclosure pursuant to Subsection
D(1) above, then that corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or of ten-percent
or greater interest in the partnership, as the case may be; and this requirement
shall be followed by every corporate stockholder or partner in a partnership,
until the names and addresses of the noncorporate stockholders and individual
partners exceeding the ten-percent ownership criterion established in the
section have been listed.
(3)
Failure to comply. The Planning Board and the Board of
Adjustment shall not approve the application of any corporation or partnership
which does not comply with this section.
(4)
Penalties. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of the individual
partners owning a ten-percent or greater interest in the partnership, as the
case may be, shall be subject to a fine of $1,000 to $10,000, which shall
be recovered in the name of the borough in any court of record in the state
in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.).
E.
Payment of taxes. Pursuant to the provisions of this
MLUL (N.J.S.A. 40:55D-39e and 55D-65h), every application for development,
appeal or interpretation shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property for which any
application is made.
A.
Notices.
(1)
Who. Notices for development pursuant to this section
shall be given by the applicant. Notices concerning the Master Plan and development
regulations pursuant to this section shall be given by the Secretary of the
Planning Board.
(2)
When. Notices pursuant to this section shall be given
at least 10 days prior to the date of the hearing.
(3)
Content. Notices pursuant to this section shall state
the date, time and place of the hearing, the nature of the matters to be considered
and, in the case of an application for development, an 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
Assessor's office and the location and times at which any maps and documents
for which approval is sought are available.
(4)
When required:
(a)
Development application. Public notice of a hearing on
an application for development shall be given except that the reviewing agency
may waive the notice requirements of this chapter for minor applications
and no notice shall be required for informal applications, provided that public
notice shall be given in the event that relief is requested as part of an
application for development otherwise excepted herein from public notice for:
(b)
Master Plan. Public notice of a hearing on adoption,
revision or amendment of the Master Plan is required.
(c)
Development regulation. Public notice of a hearing on
the adoption, revision or amendment of a development regulation is required.
(5)
To whom:
(a)
Development application. Notices for applications for
development shall be given to adjoining property owners, including adjoining
municipalities. Notice shall be given 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 situated within 200 feet of a borough
boundary.
(b)
Master Plan. Notice of all hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200 feet
of an adjoining municipality shall be given to such municipality and to the
County Planning Board, and in the latter case, such notice shall include a
copy of any such proposed Master Plan or any revision or amendment thereto.
(c)
Development regulation. Notice of all hearings on the
adoption, revision or amendment of a development regulation involving property
situated within 200 feet of another municipality shall be given to such municipality
and to the County Planning Board, and in the latter case, such notice shall
include a copy of the proposed development regulation or any proposed revision
or amendment thereto, as the case may be.
(6)
How:
(a)
Newspaper. Public notice shall be given by publication
in the official newspaper of the borough, if there is one, or in a newspaper
of general circulation in the borough.
(b)
Personal service or certified mail.
[1]
Notice shall be given to adjoining property owners, adjoining
municipalities and the County Planning Board, when required by this section,
by personal service or certified mail. This requirement shall be satisfied,
as regards adjoining property owners, by serving a copy of the notice on the
property owner as shown on 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 as shown on said current tax duplicate.
[2]
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, a vice president or secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation. 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. Notice to adjoining municipalities shall be to the Municipal Clerk.
(7)
Adjoining property owners.
(a)
Definition. For the purposes of this section, "adjoining
property owners" shall be defined as the owners of all real property as shown
on the current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of such hearing, 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.
(b)
List. Upon the written request of an applicant, the Borough
Assessor shall, within seven days, make and certify a list from said current
tax duplicates of the names and addresses of the adjoining property owners
to whom the applicant is required to give notice. The applicant shall be entitled
to rely upon the information contained in such list, and failure to give notice
to any owner not on the list shall not invalidate any proceeding. A sum not
to exceed $10 may be charged for such list.
(8)
Conditional use applications. Whenever approval of a
conditional use is requested by the developer pursuant to the Zoning Ordinance,
the Subdivision and Site Plan Ordinance[1] and this chapter, notice of the hearing on the application shall
include a reference to the request for such conditional use.
(9)
Variance applications and direction for issuance of permits.
Whenever relief is requested for the issuance of a permit for a building or
structure in the bed of a mapped street or public drainage way, flood control
basin or reserved public area or for a building or structure not related to
a street, notice of the hearing on the site plan or subdivision application
shall include a reference to the request for a variance or direction for issuance
of a permit, as the case may be.
(10)
Effect of mailing notice. Any notice made by certified
mail pursuant to this section shall be deemed complete upon mailing.
(11)
Affidavit. If notice is required by this section, the
applicant shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
B.
Hearings.
(1)
Required. The Planning Board or Board of Adjustment shall
hold a hearing on each application for development, and the Planning Board
shall hold a hearing on the adoption, revision or amendment of the Master
Plan or on the adoption, revision or amendment of a development regulation.
(2)
Rules. The Planning Board and the Board of Adjustment
shall make rules governing such hearings.
(3)
Power of presiding officer. The officer presiding at
the hearing or such person as he may designate shall have 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.
(4)
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.
(5)
Rules of evidence. Technical rules of evidence shall
not be applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(6)
Recording. The Board shall provide for the verbatim recording
of the proceedings by either stenographer or 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, provided that the Borough
Council may provide by ordinance for the borough to assume the expense of
any transcripts necessary for appeal to the Borough Council of a decision
by the Zoning Board of Adjustment pursuant to D variances, up to a maximum
amount as specified by the ordinance. The Board, in furnishing a transcript
of the proceedings to an interested party at his expense, shall not charge
such interested party more than the maximum permitted in N.J.S.A. 2A:11-15.
Said transcript shall be certified, in writing, by the transcriber to be accurate.
C.
Decisions. The Planning Board or the Board of Adjustment
shall include findings of fact and conclusions based thereon in each decision
on any application for development and shall reduce the decision to writing.
The Board shall provide the findings and conclusions through a resolution
adopted at a meeting held within the time period provided in the Subdivision
and Site Plan Ordinance[2] for action by the Board on the application for development or
a memorializing resolution adopted at a meeting held not later than 45 days
after the date of the meeting at which the Board voted to grant or deny approval.
Only the members of the Board who voted for the action taken may vote on the
memorializing resolution, and the vote of a majority of such members present
at the meeting at which the resolution is presented for adoption shall be
sufficient to adopt the resolution. The failure of a vote to approve an application
shall be memorialized by resolution as provided above, with those members
voting against the motion for approval being the members eligible to vote
on the memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the Board and not to be an
action of the Board; however, the date of the adoption of the resolution shall
constitute the date of the decision for purposes of the mailing, filings and
publications required by this section. If the Board fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested party
may apply to the Superior Court in a summary manner for an order compelling
the Board to reduce its findings and conclusion to writing within a stated
time, and the cost of the application, including attorney's fees, shall
be assessed against the borough.
D.
Publication.
(1)
Copies.
(a)
Development application. A copy of the decision on an
application for development shall be mailed by the Board within 10 days of
the date of decision to the applicant of, if represented, then to his attorney,
without separate charge, and to all who request a copy of the decision for
a reasonable fee. A copy of the decision shall also be filed by the Board
in the Borough Clerk's office. The Borough Clerk shall make a copy of
such filed decision available to any interested party for a reasonable fee
and available for public inspection at his office during reasonable hours.
(b)
Master Plan. A copy of the Master Plan adopted, revised
or amended shall be provided to the County Planning Board by personal service
or certified mail not more than 30 days after the date of such adoption, revision
or amendment.
(c)
Development regulation. Development regulations, except
for the Official Map, shall not take effect until a copy thereof shall be
filed with the County Planning Board. The Zoning Ordinance[3] or amendment or revision thereto which, in whole or in part, is
inconsistent with or not designed to effectuate the land use element of the
Master Plan shall not take effect until a copy of the resolution by the Borough
Council required by the MLUL (N.J.S.A. 40:55D-62) shall be filed with the
County Planning Board. The Official Map of the borough shall not take effect
until filed with the County Recording Officer.
(2)
Notice. A brief notice of the decision on an application
for development 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.
E.
Conditional approvals.
(1)
With legal action pending. In the event that a developer
submits an application for development proposing a development that is barred
or prevented, directly or indirectly, 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
and welfare, the Board shall process such application for development in accordance
with this chapter and the MLUL, and if such application for development complies
with borough development regulations, the Board shall approve such application
conditioned on removal of such legal barrier to development.
(2)
Requiring additional approval. In the event that development
proposed by an application for development requires an approval by a governmental
agency other than the Planning Board or the Board of Adjustment, the Board
shall, in appropriate instances, condition its approval upon the subsequent
approval of such governmental agency, provided that the Board shall make a
decision on any application for development within the time period provided
in the Subdivision and Site Plan Ordinance or within an extension of such
period as has been agreed to by the applicant, unless the Board is prevented
or relieved from so acting by the operation of law.
F.
Approval because of failure to act. An applicant shall
comply with the provisions of this subsection whenever the applicant wishes
to claim approval of his application for development by reason of the failure
of the Planning Board or the Board of Adjustment to grant or deny approval
within the time period provided in the MLUL and Chapter 305, Subdivision of
Land and Site Plan Review, § 305-8.
(1)
Notice. The applicant shall provide notice of the default
approval to the Planning Board or the Board of Adjustment and to all those
entitled to notice by personal service or certified mail of the hearing on
the application for development; but for purposes of determining who is entitled
to notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to § 291-9A (MLUL, N.J.S.A.
40:55D-12) of this chapter.
(2)
Publication. The applicant shall arrange publication
of a notice of the default approval in the official newspaper of the borough,
if there is one, or in a newspaper of general circulation in the borough.
(3)
Proof of service. The applicant shall file an affidavit
of proof of service and publication with the Borough Clerk.
G.
Separate applications. The developer may elect to submit
a separate application requesting approval of a variance or direction of the
issuance of a permit for a building or structure in the bed of a mapped street
or public drainage way, flood control basin or reserved public area or for
a building or structure not related to a street 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 grant of all required subsequent approvals by the
Board. No 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 purposes of the Zone Plan and Zoning Ordinance.
In the case of a D variance, 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 special vote pursuant
to § 291-7F(1) shall not be required.
H.
Expiration of variances. Any variance from the terms
of the Zoning Ordinance, the Subdivision and Site Plan Ordinance[4] or this chapter granted by the Planning Board or the Board of
Adjustment permitting the erection or alteration of any structure or building
or permitting a specified use of any premises shall expire by limitation unless
such construction or alteration shall have been actually commenced on each
and every structure permitted by said variance or unless such permitted use
has actually been commenced within six months from the date of publication
of the notices of judgment or determination of the Board, except, however,
that the running of the period of limitation herein provided shall be tolled
from the date of filing an appeal of a decision until the termination in any
manner of such appeal.
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[1] 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.
A.
Preparation; contents; modification.
(1)
Preparation. The Planning Board may prepare and, after
public hearing adopt or amend a Master Plan, or component parts thereof, to
guide the use of lands within the Borough in a manner which protects public
health and safety and promotes the general welfare.
(2)
Zoning Ordinance.[1] The Zoning Ordinance shall be adopted after the Planning Board
has adopted the land use element and the housing plan element of the Master
Plan, and all of the provisions of the Zoning Ordinance or any amendment or
revision thereto shall either be substantially consistent with the land use
plan element and the housing plan element of the Master Plan or designed to
effectuate such plan elements.
(3)
Content. The Master Plan shall generally comprise a report
or statement and land use and development proposals, with maps, diagrams and
text, presenting, where appropriate, the elements specified in Article 3 of
the MLUL (N.J.S.A. 40:55D-28).
(4)
Relation to other master plans. The Master Plan shall
include a specific policy statement indicating the relationship of the proposed
development of the borough as developed in the Master Plan to the master plans
of contiguous municipalities, the Master Plan of Union County and any comprehensive
guide plan pursuant to Section 15 of P.L. 1961, c. 47 (N.J.S.A. 13:1B-15.52).
B.
Periodic examination. The Borough Council shall, at least
every six years, provide for a general reexamination of the Master Plan and
development regulations by the Planning Board, which shall prepare and adopt,
by resolution, a report on the findings of such reexamination, a copy of which
report and resolution shall be sent to the County Planning Board and the Municipal
Clerks of each adjoining municipality. A reexamination shall be completed
by August 1, 1988. Thereafter, a reexamination shall be completed at least
once every six years from the previous reexamination. The reexamination report
shall contain information as specified in the MLUL (N.J.S.A. 40:55D-89). The
absence of the adoption by the Planning Board of a reexamination report pursuant
to this subsection shall constitute a rebuttable presumption that the borough
development regulations are no longer reasonable.
C.
Stormwater management plan. If the borough is required
to prepare a stormwater management plan and a stormwater control ordinance
pursuant to sections of the MLUL covering such areas (N.J.S.A. 40:55D-93 to
55D-99), such a stormwater management plan shall be an integral part of the
Master Plan.
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.
