There is hereby established, pursuant to C.
291, P.L. 1975, in the Borough of Chesilhurst, a Planning Board of
nine members, consisting of the following four classes:
A. Class I: The Mayor of the Borough.
B. Class II: One of the officials of the Borough, other
than a member of the Borough Council, to be appointed by the Mayor.
C. Class III: A member of the Borough Council, to be
appointed by the Council.
D. Class IV: Six other citizens of the Borough, to be
appointed by the Mayor. The Class IV members shall hold no other municipal
office, except that one may be a member of the Chesilhurst Board of
Education.
E. The Mayor may appoint two additional Class IV members
as alternates to the Planning Board to serve during the absence or
disqualification of any regular member or members of the Board.
The Planning Board is authorized to adopt bylaws
governing its procedural operation, such bylaws being in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq. It shall elect a
Chairman and Vice Chairman from the members of Class IV, and Select
a secretary who may or may not be a member of the Planning Board or
an employee of the Borough. The Board may employ, or contract for,
and fix the compensation of legal counsel, other than the Borough
Attorney, a planning consultant, a professional engineer, and other
staff and services as it may deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Borough Council
for its use.
The Planning Board shall have the following
powers and duties:
A. To make, adopt, and from time to time amend a Master
Plan for the physical development of the Borough which in the Board's
judgment bears essential relation to the planning of the Borough,
in accordance with the provisions of N.J.S.A. 40:55D-28;
B. To administer the provisions of the Land Development
Ordinance of the Borough in accordance with the provisions of said
ordinance and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1
et seq.;
C. To participate in the preparation and review of programs
or plans required by state or federal law or regulations;
D. To assemble data on a continuing basis as part of
a continuous planning process;
E. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body;
F. To consider and make a 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-26(a),
and also to pass upon other matters specifically referred to it by
the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b);
G. Variances; relief from certain requirements.
(1) When reviewing applications for approval of subdivision
plats, site plans, or conditional uses, to grant variances, pursuant
to Section 57c of C. 291, P.L. 1975, from lot area, lot dimensional,
setback, and yard requirements, provided that such relief from lot
area requirements shall not be granted for more than one lot.
(2) Whenever relief is requested, 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. 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.
I. To exercise all the powers and duties set forth in N.J.A.C. 7:50-6.153(a), including making recommendations to the Borough Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to §
285-66 of this chapter.
[Amended 11-10-1988 by Ord. No. 88-10]
J. 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 officer based on or made in the enforcement of Article
XIII of this chapter.
K. To hear and decide in accordance with the provisions of this chapter, requests for interpretation of the
Zoning Map or Article
XIII of this chapter or for decisions upon other special questions upon which this Board is authorized to pass.
L. Bulk variance.
(1) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation, pursuant to Article
XIII of this chapter, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or appeal relating to such property, a variance from such strict application of the regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection, to allow a structure or use in a district restricted against such structure and use; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board shall review a request for a variance.
M. Use variance.
(1) To grant a variance to allow a structure or use in
a district restricted against such structure or use in particular
cases and for special reasons, but only by affirmative vote of at
least two-thirds of the full authorized membership of the Board.
(2) 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 purpose of the
Zoning Map and Article
XIII of this chapter. An application under this subsection may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
N. Direct the 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.
O. Direct the issuance of a permit, pursuant to N.J.S.A.
40:55D-36, for a building or structure not related to a street; and
P. Grant subdivision or site plan approval, pursuant to Article
IV of this chapter, or conditional use approval, pursuant to N.J.S.A. 40:55D-67.
Q. Pinelands development credits.
[Added 3-12-1998 by Ord. No. 98-1]
(1) Any municipal variance approval which grants relief from the density or minimum lot area requirements set forth in Article
XIII for the R-1, R-2, R-3, SC or MH Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
(2) Any municipal variance or other approval for the development
of a residential use in the NC, HC or I Districts shall require that
Pinelands development credits be used for 50% of the authorized units
for parcels under 10 acres in size; for 75% of the authorized units
for parcels between 10 acres and 20 acres in size; and for 100% of
the authorized units for parcels over 20 acres in size.
[Amended 4-12-2001 by Ord. No. 2001-1]
(3) Any municipal variance or other approval for the development
of a nonresidential use not otherwise permitted in the R-1, R-2, SC
or MH Districts shall require that Pinelands development credits be
used at 50% of the maximum rate permitted for Pinelands development
credit use in the zone in which the nonresidential use will be located
for parcels under 10 acres in size; at 75% of the maximum rate for
parcels between 10 acres and 20 acres in size; and at 100% of the
maximum rate for parcels over 20 acres in size. This requirement shall
not apply to a variance or other approval which authorizes the expansion
of or changes to existing nonresidential uses in accordance with N.J.A.C.
7:50-5.2.
[Amended 4-12-2001 by Ord. No. 2001-1]
Any variance from the terms of this chapter
hereafter granted by the Planning 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 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 entry 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 to the governing body, or to a court of competent
jurisdiction, until the termination in any manner of such appeal or
proceeding.