A.
There is hereby established pursuant to P.L. 1975,
c. 291,[2] in the Borough of Runnemede a Joint Planning/Zoning Board
of Adjustment of nine members, consisting of the following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor. The Mayor shall name his or her designee each
year. The term of the designee shall be for one year or any remaining
part thereof, said term beginning January 1 of each year ending on
December 31 of the same year.
[Amended 11-8-1995 by Ord. No. 95-13]
(2)
Class II: one of the officials of the municipality,
other than a member of the governing body, to be appointed by the
Mayor, provided that, if there is an Environmental Commission,[3] the member of the Environmental Commission who is also
a member of the Joint Planning/Zoning Board of Adjustment as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Joint Planning/Zoning
Board of Adjustment member if there is both a member of the Joint
Planning/Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
[Amended 11-8-1995 by Ord. No. 95-16]
(3)
Class III: a member of the governing body to be appointed
by it.
(4)
Class IV: six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Joint
Planning/Zoning Board of Adjustment and one may be a member of the
Board of Education. A member of the Environmental Commission who is
also a member of the Joint Planning/Zoning Board of Adjustment as
required by N.J.S.A. 40:56A-1 shall be a Class IV Joint Planning/Zoning
Board of Adjustment member unless there is among the Class IV members
of the Joint Planning/Zoning Board of Adjustment both a member of
the Joint Planning/Zoning Board of Adjustment and a member of the
Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Joint
Planning/Zoning Board of Adjustment.
[Amended 11-8-1995 by Ord. No. 95-16]
[2]
Editor's Note: See N.J.S.A 40:55D-1 et seq.
B.
The governing body may appoint to the Joint Planning/Zoning
Board of Adjustment not more than two alternate members. Alternate
members shall be appointed by the appointing authority for Class IV
members and shall meet the qualifications of Class IV members of nine-member
Joint Planning/Zoning Boards of Adjustment. Alternate members shall
be designated at the time of appointment by the Mayor as Alternate
No. 1 and Alternate No. 2.
A.
The term of the member composing Class I shall correspond
with his official tenure or the designee shall serve at the pleasure
of the Mayor during the Mayor's 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 shall terminate at the completion of his term
of office as a member of the Environmental Commission, whichever comes
first.[1]
B.
The term of a Class IV member who is also a member
of the Joint Planning/Zoning Board of Adjustment or 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 occurs first.
[Amended 11-8-1995 by Ord. No. 95-16]
C.
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that, to the greatest
practicable extent, the expiration of such term shall be evenly distributed
over the first four years after their appointment as determined by
resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the term of any present member of the Joint Planning/Zoning
Board of Adjustment, all of whom shall continue in office until the
completion of the term for which they were appointed. Thereafter all
Class IV members shall be appointed for terms of four years except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
D.
The terms of the alternate members shall be for two
years, except that the terms of the alternate members shall not expire
in any one year; provided, however, that in no instance shall the
terms of the alternate members first appointed exceed two years.
E.
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. 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.
F.
A member of a municipal agency 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.
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.
The Joint Planning/Zoning Board of Adjustment
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 Joint
Planning/Zoning Board of Adjustment or a municipal employee designated
by it.
There is hereby created the office of Joint
Planning/Zoning Board of Adjustment Attorney. The Joint Planning/Zoning
Board of Adjustment may annually appoint, fix the compensation of
or agree upon the rate of compensation of the Joint Planning/Zoning
Board of Adjustment Attorney who shall be an attorney other than the
Municipal Attorney.
The Joint Planning/Zoning Board of Adjustment
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.
The Joint Planning/Zoning Board of Adjustment
is authorized to adopt bylaws governing its procedural operation.
It shall also have the following powers and duties to:
A.
Make and adopt and, from time to time, amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
Administer the provisions of Chapter 331, Subdivision of Land and Site Plan Review, of the Code of the Borough of Runnemede, in accordance with the provisions of said chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
Assemble data on a continuing basis as part of a continuous
planning process.
E.
Annually prepare a program of municipal capital improvement
projects projected over a term of six years and amendments thereto
and recommend the same to the governing body.
F.
Consider and make report to the governing body within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass
upon other matters specifically referred to the Joint Planning/Zoning
Board of Adjustment by the governing body pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G.
Variance or direction.
(1)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, grant to the same extent and
subject to the same restrictions as the Joint Planning/Zoning Board
of Adjustment:
[Amended 11-8-1995 by Ord. No. 95-16]
(a)
Variances pursuant to Subsection 57c of Chapter
291 of the Laws of New Jersey 1975.
(b)
Direction pursuant to Section 25 of said Act
for issuance of permit for building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to Section 23 of said Act.
(c)
Direction pursuant to Section 27 of said Act
for issuance of a permit for a building or structure not related to
a street.
(2)
Whenever relief is required pursuant to this subsection,
notice of a hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit as the case may be.
H.
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.
A.
Minor subdivision. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Joint Planning/Zoning Board of Adjustment
or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the date
of Joint Planning/Zoning Board of Adjustment approval, unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Joint Planning/Zoning
Board of Adjustment before it will be accepted for filing by the county
recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval, major subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Joint Planning/Zoning Board of Adjustment shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than 10 lots,
the Joint Planning/Zoning Board of Adjustment shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer;
otherwise, the Joint Planning/Zoning Board of Adjustment shall be
deemed to have granted preliminary approval for the subdivision.
C.
Minor site plan. Minor site plan approvals shall be
granted or denied within 45 days of the date of submission of a complete
application to the Joint Planning/Zoning Board of Adjustment or within
such further time as may be consented to by the applicant. Failure
of the Joint Planning/Zoning Board of Adjustment to act within the
period prescribed shall constitute minor site plan approval.
D.
Preliminary approval major site plans. Upon submission
of a complete application for a site plan of 10 acres or less or 10
dwelling units or less, the Joint Planning/Zoning Board of Adjustment
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a site plan of more than 10 acres or more than 10 dwelling units,
the Joint Planning/Zoning Board of Adjustment shall grant or deny
preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer;
otherwise, the Joint Planning/Zoning Board of Adjustment shall be
deemed to have granted preliminary approval for the site plan.
E.
Ancillary powers. Whenever the Joint Planning/Zoning Board of Adjustment is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 230-7G, of this chapter, the Joint Planning/Zoning Board of Adjustment shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Joint Planning/Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Joint Planning/Zoning Board of Adjustment to act shall be issued on request of the applicant.
F.
Final approval. Application for final subdivision
approval shall be granted or denied within 45 days of submission of
a complete application or within such further time as may be consented
to by the applicant. Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Joint Planning/Zoning Board of Adjustment may,
for good cause shown, extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
A.
Applications for development within the jurisdiction
of the Joint Planning/Zoning Board of Adjustment pursuant to the provisions
of P.L. 1975, c. 291, shall be filed with the Zoning Officer. For
all applications for major subdivision approval and other major applications,
the applicant shall file at least 21 days before the date of the monthly
meeting of the Board five copies of the application. For all applications
for minor subdivision approval, or for an application for site plan
review, conditional use approval or planned development, the applicant
shall file at least 14 days before the date of the monthly meeting
of the Board five copies of the application. It shall be the responsibility
of the applicant to forward a filed copy of the application directly
to the engineer for the Board. At the time of filing the application
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Joint Planning/Zoning Board of Adjustment. The applicant shall
obtain all necessary forms from the Zoning Officer. The Zoning Officer
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[Amended 7-13-2006 by Ord. No. 06-21]
B.
At the request of the developer, the Joint Planning/Zoning
Board of Adjustment shall grant an informal review of a concept plan
for a development for which the developer intends to prepare and submit
an application for development. The developer shall not be required
to submit any fees for such an informal review. The developer shall
not be bound by any concept plan for which review is requested, and
the Joint Planning/Zoning Board of Adjustment shall not be bound by
any such review.
The Mayor may appoint one or more persons as
a Citizens' Advisory Committee to assist or collaborate with the Joint
Planning/Zoning Board of Adjustment in its duties, but such person
or persons shall have no power to vote or take other action required
of the Board. Such person or persons shall serve at the pleasure of
the Mayor.
Whenever the Environmental Commission has prepared
and submitted to the Joint Planning/Zoning Board of Adjustment an
index of the natural resources of the municipality, the Joint Planning/Zoning
Board of Adjustment shall make available to the Environmental Commission
an informational copy of every application for development to the
Joint Planning/Zoning Board of Adjustment. Failure of the Joint Planning/Zoning
Board of Adjustment to make such informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Added 11-8-1995 by Ord. No. 95-16]
The Joint Planning/Zoning Board of Adjustment
shall exercise, to the same extent and subject to the same restrictions,
all the powers of a Board of Adjustment; but the Class I (Mayor) and
the Class III (Borough Committee Person) members shall not participate
in the consideration of applications for development which involve
relief pursuant to N.J.S.A. 40:55D-70d.
