There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Paulsboro, a Planning Board of nine members
consisting of the following four classes:
A.
Class I: The Mayor, or the Mayor's designee in the
absence of the Mayor.
[Amended 7-15-2003 by Ord. No. 06.03]
B.
Class II: one of the officials of the municipality, other
than a member of the governing body, to be appointed by the Mayor.
[Amended 1-16-2001 by Ord. No. 0.03.01]
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal office,
position or employment. One Class IV member may be a member of the Board of
Education. 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. 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.
[Amended 11-18-1986 by Ord. No. 0.10.86; 1-16-2001
by Ord. No. 0.03.01]
[1]
See N.J.S.A. 40:55D-1 et seq.
A.
The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of their respective
terms of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class II or
a Class IV member who is also a member of the Environmental Commission shall
be for three years or terminate at the completion of his term of office as
a member of the Environmental Commission, whichever comes first.
B.
The term of a Class IV member who is also a member of
the Board of Education shall terminate whenever he is no longer a member of
such other body or at the completion of his Class IV term, whichever comes
first.
[Amended 1-16-2001 by Ord. No. 0.03.01]
C.
The terms of all Class IV members first appointed pursuant
to this ordinance shall be so determined that to the greatest practicable
extent the expiration of such terms shall be evenly distributed over the first
four years after appointment; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein shall affect
the terms of any present members of the Planning Board, all of whom shall
continue in office until the completion of the terms for which they were appointed.
Thereafter, all Class IV members shall be appointed for terms of four years,
except as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
[Amended 3-18-1980 by Ord. No. 0.4A.80]
D.
Appointment of alternate members.
[Added 3-18-1980 by Ord. No. 0.4A.80; 1-16-2001
by Ord. No. 0.03.01
(1)
Alternate members shall be appointed by the Mayor and
shall meet the qualifications of Class IV members. Alternate members shall
be designated at the time of appointment by the Mayor as "Alternate No. 1,"
"Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the
alternate members shall be two years, except that the terms of the alternate
members shall be such that the terms of not more than two alternate members
shall expire in any one year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of a term shall be filled by the Mayor
for the unexpired term only.
(2)
No alternate member is permitted to act on any matter
in which he or she has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he or she requests
one, be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular member
of any class. Participation of alternate members shall not be deemed to increase
the size of the Planning Board. 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.
If a vacancy of any class shall occur otherwise than by expiration of
term, it shall be filled by appointment, as above provided, for the unexpired
term.
No 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.
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.
The Planning Board shall elect a Chairman and Vice Chairman from the
members of Class IV and select a Secretary who may be either a member of the
Planning Board or a municipal employee designated by it.
There is hereby created the office of Planning Board Attorney. The Planning
Board may annually appoint and fix the compensation of or agree upon the rate
of compensation of the Planning Board Attorney, who shall be an attorney other
than the Municipal Attorney.
The Planning Board may also employ or contract for the services of experts
and other staff and services as it may deem necessary. The Board shall not,
however, exceed, exclusive of gifts or grants, the amount appropriated by
the governing body for its use.
[Amended 1-16-2001 by Ord. No. 0.03.01; 7-15-2003
by Ord. No. 06.03]
A.
The Board shall adopt such rules and regulations as may
be necessary to carry into effect the provisions and purposes of this ordinance.
In the issuance of subpoenas, administration of oaths and taking of testimony,
the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A.
2A:67A-1 et seq.) shall apply. The Board's zoning powers shall be in
accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements
thereto, and with the provisions of this ordinance.
B.
The Board shall also have the following powers and duties:
(1)
To make and adopt and from time to time amend a Master
Plan for the physical development of the municipality, including any areas
outside its boundaries which in the Board's judgment bear essential relation
to the planning of the municipality, in accordance with the provisions of
N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance to be hereafter adopted by the Borough
of Paulsboro in accordance with the provisions of said ordinances and the
Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of a continuous
planning process.
(6)
To prepare a program of municipal capital improvements
projects projected over a term of six years, and amendments thereto, when
authorized by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29.
(7)
To consider and make a report to the governing body within
35 days after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon
other matters specifically referred to the Planning Board by the governing
body pursuant to the provisions of N.J.S.A. 40:55D-26b.
(8)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant variances. Whenever relief
is requested pursuant to this subsection, notice of a hearing on the application
for development shall include reference to the request for variance.
(10)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
(11)
Hear and decide requests for interpretation of the Zoning
or Zoning Ordinance or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
(12)
Grant variances from the requirements of the Zoning Ordinance
when appropriate and in accordance with the Municipal Land Use Law.
(13)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
(14)
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(15)
To grant subdivision or site plan approval pursuant to
Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the Board is reviewing an application for approval of the
use variance pursuant to § 40A-90 of this ordinance.
C.
The powers of the Board shall be in accordance with N.J.S.A.
40:55D69 et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements
thereto, and with the provisions of this ordinance.
D.
It is further the intent of this ordinance to confer
upon the Board as full and complete powers as may lawfully be conferred upon
any zoning board of adjustment, including, but not by way of limitation, the
authority in connection with any case, action or proceeding before the Board
to interpret and construe the provisions of this ordinance or any term, clause,
sentence or word thereof, and the Zoning Map, in accordance with the general
rules of construction applicable to legislative enactments.
E.
The Board shall have such powers as are granted by law
to hear and decide appeals where it is alleged by the appellant that there
is an error in any order, requirement, decision or refusal made by an administrative
official or agency based on or made in the enforcement of the Zoning Ordinance.[3]
[Added 11-18-1986 by Ord. No. 0.10.86;
amended 5-29-2001 by Ord. No. 08.01]
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by the Planning
Board when so certified by that Board or its authorized committee or designee.
In the event that the Board, its agency, committee or designee 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:
B.
The applicant may request that one or more of the submission
requirements be waived, in which event the Board or its authorized committee
shall grant or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicants 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 the ordinance or any revisions
in the accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for the 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 Planning Board.
[1]
Editor's Note: Former § 40A-10, Time limit for decisions,
as amended 11-18-1986 by Ord. No. 0.10.86, was repealed 7-15-2003 by Ord.
No. 06.03.
[1]
Editor's Note: Former § 40A-11, Procedure for filing
applications, was repealed 7-15-2003 by Ord. No. 06.03.
[Added 1-16-2001 by Ord. No. 0.03.01]
A.
Appeals to the Board may be taken by any interested party.
Each appeal shall be taken within the 20 days prescribed by the statute of
filing a notice of appeal with the officer from whom the appeal was taken,
together with three copies of said notice with the Secretary of the Board.
Said notice of appeal shall specify the grounds for said appeal. The officer
from whom the appeal is taken shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction of
the Board without prior application to an administrative officer shall be
filed with the Secretary of the Board. Three copies of the application shall
be filed. At the time of filing the appeal or application, but in no event
less than 10 days prior to the date set for the hearing, the applicant shall
also file all plot plans, maps or other papers required by virtue of any provision
of this ordinance or any rule of the Board. The applicant shall obtain all
necessary forms from the Secretary of the Board. The Secretary of the Board
shall inform the applicant of the steps to be taken to initiate a proceeding
and of the regular meeting dates of the Board.
C.
An appeal stays all proceedings in furtherance of the
action in respect to which the decision appealed from was made, unless the
officer from whom 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 cases, proceedings shall not be stayed otherwise than by
a restraining order which may be granted by the Board or by the Superior Court
of New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
[Added 1-16-2001 by Ord. No. 0.03.01]
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of P.L. 1975, c. 291, or amendments thereto or subsequent
statutes applying, reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination as ought to be made, and to that end
have all the powers of the administrative officer from whom the appeal was
taken.
[Added 1-16-2001 by Ord. No. 0.03.01]
Any variance from the terms of this ordinance hereafter granted by the
Board permitting the erection or alteration of any structure or structures
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 one year from the date of publication
of the notice of the 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 from the decision of the Board to the governing
body or to a court of competent jurisdiction, until the termination of any
manner of such appeal or proceeding.
[Added 1-16-2001 by Ord. No. 0.03.01]
A.
The Board shall, in addition to the powers specified in § 40A-9 of this article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
B.
The Board shall have the power to grant subdivision or
site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional
use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing
an application for approval of the use variance pursuant to § 40A-9O
of this ordinance.
[Added 1-16-2001 by Ord. No. 0.03.01]
A.
The Board shall render its decision not later than 120
days after the date an appeal is taken from the decision of an administrative
officer or not later than 120 days after the date of submission of a complete
application for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70b.
B.
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.
[Added 1-16-2001 by Ord. No. 0.03.01]
The Board 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 amendments or revisions,
if any. The Board shall send copies of the report and resolution to the Borough
of Paulsboro Council.
[Amended 11-18-1986 by Ord. No. 0.10.86]
Whenever the Environmental Commission has prepared and submitted to
the Planning Board an index of the natural resources of the Borough of Paulsboro,
the Planning Board shall make available to the Environmental Commission an
informational copy of every application for development to the Planning Board.
