[Amended 5-11-1989 by Ord. No. 89-4[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VI, Zoning Board of Adjustment, which immediately followed this article. Pursuant to Ord. No. 89-4, relevant provisions from former Art. VI were transferred to this Art. V, and all references to the "Zoning Board of Adjustment" were changed to "Planning Board."
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.[1]
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.
A.
All members of the Planning Board shall serve without
compensation.
B.
The term of the member of Class I shall correspond
to his official tenure. The terms of the members of Class II and Class
III shall be for one year, or terminate at the completion of their
respective terms of office, whichever comes first. The terms of the
members of Class IV, first appointed, shall be one, two, three, and
four years. Thereafter, the term of each such member shall be four
years. The terms of alternate members of Class IV, first appointed,
shall be one and two years, respectively, and thereafter for two years.
If a vacancy in any class shall occur otherwise than by expiration
of the term, it shall be filled by appointment, as above provided,
for the unexpired term.
C.
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 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.[1]
(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.[2]
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.[3]
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
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]
A.
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of C. 291, P.L.
1975, shall be filed with the Secretary of the Planning Board. The
applicant shall file, at least 14 days before the date of the monthly
meeting of the Board, three copies of a sketch plat, three copies
of an application for minor subdivision approval, three copies of
an application for major subdivision approval, or three copies of
an application for site plan review, conditional use approval, or
six copies of an application for planned unit development.
B.
At the time of filing the 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 chapter or any rule of the Planning
Board.
C.
The applicant shall obtain all necessary forms from
the Secretary of the Planning Board. The Secretary of the Board shall
inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
A.
Minor subdivision and minor site plans.
(1)
Approval of minor subdivisions and of minor site plans,
as defined by this chapter, shall be granted or denied within 45 days
of submission of a complete application to the Planning Board, or
within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision or minor site plan approval. Minor
subdivision or minor site plan approval shall be deemed to be final
approval of the subdivision or site plan by the Board.
(2)
Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless within such period
a plat in conformity with such subdivision approval and the provisions
of the "Map Filing Law," or a deed clearly describing the approved
minor subdivision, is filed by the developer with the County Recording
Officer, the Municipal Engineer, and the Tax Assessor. Approval of
a minor site plan shall expire two years from the date of Planning
Board approval unless a building permit shall have been issued.
B.
Major subdivision, preliminary approval.
(1)
Upon submission of a complete application for a subdivision
of 10 or fewer lots, the Planning Board 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 completed application for a major subdivision of more than 10
lots the Planning Board 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 be the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for either size
subdivision.
(2)
Preliminary approval of a major subdivision shall
extend for three years from the date of Planning Board approval, or
longer if extensions are granted by the Board, pursuant to Section
37c and d of C. 291, P.L. 1975.
C.
Major subdivision, final approval.
(1)
Application for final subdivision approval shall be
granted or denied by the Planning Board within 45 days of submission
of a complete application, or within such further time as may be consented
to by the developer.
(2)
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 Planning Board 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.
D.
Site plans, preliminary approval. Upon the submission
of a completed application for a site plan for 10 acres of land or
less, and 10 dwelling units or less, the Planning Board 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 of land, or more than 10 dwelling units, the Planning
Board 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 Planning Board shall be deemed
to have granted preliminary approval of the site plan.[1]
E.
Site plans, final approval. Final site plan approval
shall be granted or denied within 45 days after submission of a complete
application, or within such further time as may be consented to by
the developer. Failure of the Planning Board to act within the period
prescribed shall constitute final approval.
F.
Variances and conditional uses. The Planning Board
shall grant or deny approval of an application for a variance or relief
for a subdivision plat, site plan or conditional use 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 Planning Board to act within the period prescribed shall constitute
approval. The time limits for applications for conditional uses shall
be the same as those specified above.[2]
G.
Reviews by the County Planning Board. Whenever review
or approval of the application by the County Planning Board is required
by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3) in the case
of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6)
in the case of a site plan, the Planning Board shall condition any
approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
H.
Reviews by the Pinelands Commission. Notwithstanding the provisions of this section, where any approval results from the failure of the Planning Board, or other approving authority, to act within the prescribed time period, the applicant shall provide notice to the Pinelands Commission, and the approval shall not become effective until the requirements of § 285-8 of this chapter are met.
[Amended 11-10-1988 by Ord. No. 88-10]
I.
Time limit for decisions.
(1)
The Board shall render its decision not later than 120 days after the date: 1) an appeal is taken from the decision of an administrative official; or 2) the submission of a complete application for development to the Board, pursuant to § 285-16K of this article.
(2)
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.
A.
Appeals to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the Borough, based on or made in the enforcement of Article XIII of this chapter or the Official Map. Such appeal shall be taken within 20 days of such decision by filing a notice of appeal with the officer from whom the appeal is taken and also with the Board, and specifying the grounds for said appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.[1]
B.
A developer may file an application for development
with the Board for action under any of the Board's powers, without
prior application to an administrative officer.
C.
An appeal to the Board shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the 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 fact 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 of
New Jersey, upon notice to the officer from whom the appeal is taken
and on due cause shown.
D.
The Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, or decision appealed
from, and, to that end, have all the powers of the administrative
officer from whom the appeal is taken.[2]
[2]
Editor's Note: Original § 603E,
regarding appeals to the governing body, which immediately followed
this subsection, was repealed 8-8-1985 by Ord. No. 85-7.
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.
