[Amended 12-12-1991 by Ord. No. 274]
There is hereby established in Alloway Township a Planning Board
of nine members consisting of the following four classes pursuant
to N.J.S.A. 40:55D-23:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the municipality, other than a
member of the Township Committee, to be appointed by the Mayor.
C.
Class III: a member of the governing body to be appointed by it.
D.
Class IV: six other citizens of the municipality to be appointed
by the Mayor, holding no other municipal office, except that one member
may be a member of the Board of Education.
[Amended 5-20-2010 by Ord. No. 443 (Rev.)]
[Amended 12-12-1991 by Ord. No. 274; 5-20-2010 by Ord. No. 443 (Rev.)]
The term of the Class I member 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. The term of a Class IV member
who is also a member of the Board of Education shall terminate when
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first. 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 terms
shall be distributed evenly over the first four years after their
appointment as determined by resolution of the Township Committee;
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 Class IV 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.
[Added 4-11-1985 by Ord. No. 219]
A.
The Mayor shall appoint four citizens of the Township to serve as
alternate members of the Planning Board who 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 for two years, except
that the terms of the alternate members shall be such that the term
of not more than two alternate members shall expire in any one year;
provided, however, that in no instance shall the term of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only.
[Amended 5-20-2010 by Ord. No. 443 (Rev.)]
B.
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.
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. Any member other than a Class I member may be removed
by the Township Committee for cause, but only after a public hearing,
if requested by him.
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.
The Planning Board may employ or contract for and fix the compensation
of a Planning Board Attorney, other than the Municipal Attorney, and
other experts, staff personnel and other services as it may deem necessary.
The Board shall not exceed, however, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.
The Planning Board shall have the following powers and duties:
A.
To make, adopt or 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.
B.
To administer the land subdivision and site plan review and approval
provisions of this chapter, in accordance with N.J.S.A. 40:55D-1,
the Municipal Land Use Law of 1975.
C.
To consider and make report to the Township Committee within 35 days
on any proposed development regulation or Official Map adoption or
amendment referred to it pursuant to N.J.S.A. 40:55D-26a and upon
other matters specifically referred to the Planning Board pursuant
to N.J.S.A. 40:55D-26b.
D.
To annually participate in the preparation and review of a municipal
capital improvements program projected over a term of six years, and
amendments thereto, when requested by the Township Committee.
E.
To review and approve conditional use applications in accordance with the provisions of Part 2 of this chapter, the Zoning Ordinance, pursuant to N.J.S.A. 40:55D-67.
F.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant approvals, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment,[1] for:
[Amended 10-13-1983 by Ord. No. 208]
(1)
Variances pursuant to N.J.S.A. 40:55D-70c.
(2)
The issuance of building permits in the bed of an officially mapped
street, public drainageway, flood control basin or public reserved
area pursuant to N.J.S.A. 40:55D-34.
(3)
The issuance of building permits not related to a street pursuant
to N.J.S.A. 40:55D-36.
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Whenever relief is requested under this subsection, the hearing
notice on the development application shall include reference to the
type of relief requested.
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G.
To participate in the preparation and review of programs or plans
required by state or federal laws or regulations.
H.
To assemble data on a continuing basis as part of a continuous planning
process.
I.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies or offices.
J.
Pursuant to N.J.S.A. 40:55D-25c, the Planning Board shall exercise,
to the same extent and subject to the same restriction, all powers
of a Zoning Board of Adjustment, including but not limited to those
powers and duties prescribed by law to a Board of Adjustment pursuant
to N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-76. In exercising the powers
of the Board of Adjustment, the Class I and Class III members of the
Land Use Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of Section
57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70, as amended), including:
[Added 5-20-2010 by Ord. No. 443 (Rev.)[2]]
(2)
Hearing and deciding requests for interpretation of the Zoning Map
or Ordinance or for decision upon other special questions upon which
such Board is authorized to pass by any Zoning or Official Map Ordinance,
in accordance with N.J.S.A. 40:55D-1 et seq., as amended, or any other
development regulation;
(3)
Granting variance from regulations:
(a)
Where by reason of exception narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of such property,
grant, upon application or an appeal relating to such property, a
variance from such strict application of such regulation so as to
relieve such difficulties and hardship;
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from said regulations; provided, however, that no variance from those departures enumerated in Subsection J(4) of this section shall be granted under this subsection; and
(4)
In particular cases for special reasons, granting a variance to allow
departure from this chapter to permit:
(a)
A use or principal structure in a district restricted against
such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4;
(e)
An increase in the permitted density as defined in this chapter,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling-unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from a minor subdivision;
or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
(5)
A variance under this subsection shall be granted only by affirmative
vote of at least 2/3 of the full authorized membership of this Board.
(6)
In exercising the above-mentioned powers, the Planning Board, as
the Board of Adjustment, may, in conformity with the provisions of
N.J.S.A. 40:55D-1 et seq., or amendments thereto or subsequent statutes
applying, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and make sure
other requirements, decisions 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.
[2]
Editor's Note: This ordinance also provided for the abolishment
of the Zoning Board of Adjustment, the repeal of former Art. XIII,
Zoning Board of Adjustment, as amended, and the deletion of any references
to the "Zoning Board of Adjustment" in the Township Code inconsistent
with said ordinance.
K.
Powers granted by law.
[Added 4-21-2016 by Ord.
No. 485[4]]
(1)
The Planning Board shall have such powers as are granted by law to:
(a)
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 official or agency based on or made in the
enforcement of the Zoning Ordinance. The Planning 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 administrative officer from whom the
appeal was taken.
(b)
Hear and decide requests for interpretation of the Zoning Map
or Zoning Ordinance or requests for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance or Official
Map to pass.
(c)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situations
or conditions of such piece of property, the strict application of
any regulation in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardship
upon the owner of such property, grant, upon an application relating
to such property, a variance from such strict application, 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 or use, and
further provided 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 pursuant to N.J.S.A. 40:55D-60.
(d)
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 the affirmative vote of at least 2/3 of the fully
authorized membership of the Board. The Planning Board shall have
the power to grant subdivision, site plan or conditional use approval
whenever the Board is reviewing an application for approval of a use
variance pursuant to N.J.S.A. 40:55D-76.
(e)
Direct the issuance of building permits for:
(2)
No variance or other relief may be granted under the provisions of
this section 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 zone plan and Zoning Ordinance.
Any application under any subsection of this section 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
Planning Board shall act.
[4]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection K as Subsection L.
L.
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 and officers of the municipality.
[Added 5-20-2010 by Ord. No. 443 (Rev.)]
A.
Application procedure.
[Amended 3-9-1995 by Ord. No. 302]
(1)
Any applicant for subdivision, site plan or conditional use review
and approval within the jurisdiction of the Planning Board shall obtain
all necessary forms from the Planning Board Secretary.
(2)
In order for an application for development to be complete for purposes
of commencing the applicable time period for action by the Board pursuant
to N.J.S.A. 40:55D-10.3, the items set forth in Schedules A and B[1] must be submitted for the type of application being made.
Said schedules shall serve as checklists and be provided to each applicant.
If the applicant has submitted all information required by this chapter
and that set forth on the checklists, the Secretary shall advise of
the date the Board will hear the request, but in no event shall such
date be earlier than the 21st day following the determination of completeness.
Further, any resubmission or revision of the plan proposal by the
applicant or requested by the Board shall likewise be submitted on
the 21st day prior to any continued hearing date. The applicant shall,
if required, provide the necessary public notice of said hearing.
If any item on the checklist or any other item required by this chapter
is not provided, the application shall be deemed incomplete and not
heard. However, the applicant may request that the Board Secretary
schedule a hearing, at which time the applicant may request a waiver
from any of the items required to be submitted pursuant to the checklists.
If a waiver(s) is/are granted, a hearing date shall be scheduled and
the applicant shall advise the public thereof. However, even though
a waiver from any item is granted, the Board may subsequently require
the submission thereof, together with any other information reasonably
necessary to make an informed decision.
[Amended 9-18-2008 by Ord. No. 417]
[1]
Editor's Note: Schedules A and B are included at the end of
this chapter.
B.
Minor subdivision approval.
(1)
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete sketch application which is found by the Planning Board to conform to the definition of minor subdivision or within such further time as may be consented to by the applicant. Said application shall not be subject to notice and public hearing, and minor subdivision approval shall be the final action of the Board, which approval may be conditioned upon improvement provisions pursuant to N.J.S.A. 40:55D-38, and as specified in Part 3, Article XVII. Failure of the Planning Board to act within the prescribed period shall constitute minor subdivision approval.
(2)
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),
the Municipal 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.
(3)
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 approval and the Map Filing Law or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Clerk, Township Engineer and Township Tax Assessor. Any such
plat or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Clerk. The
zoning requirements and approval terms and conditions shall not be
changed for a period of two years after the date of minor subdivision
approval provided the subdivision has been duly recorded.
C.
Major subdivisions and site plans.
(1)
Sketch plat submission. Any applicant for subdivision approval may
submit a sketch application for purposes of classification as a major
subdivision and informal discussion or for minor subdivision review,
whichever is determined applicable by the Planning Board. If a sketch
submission results in classification as a major subdivision, the application
shall not be deemed to be complete until all preliminary application
requirements have been met. Notwithstanding this procedure for sketch
submission, nothing shall prohibit an applicant from initially submitting
to the Planning Board for preliminary major subdivision approval.
(2)
Preliminary approval.
(a)
Upon submission of a complete preliminary application for a
subdivision of 10 or fewer lots or a site plan of 10 acres or less,
the Planning Board shall grant or deny preliminary approval within
45 days of submission or within such time as may be consented to by
the developer. Upon submission of a complete preliminary application
for a subdivision of more than 10 lots or a site plan of more than
10 acres or a planned development application, the Planning Board
shall grant or deny preliminary approval within 95 days or within
such further time as may be consented to by the developer. All such
applications shall be subject to a public hearing after proper notice.
Failure to act within the period prescribed shall constitute preliminary
approval for the subdivision or site plan.
(b)
Preliminary approval of a subdivision plat or site plan shall
confer upon the developer the following rights:
[1]
That the zoning requirements and the general terms and conditions
on which preliminary approval was granted shall not be changed for
a three-year period from the date of preliminary approval unless modified
by ordinance provisions relating to public health or safety.
[2]
That the developer may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary subdivision plat or site plan.
[3]
That the applicant may apply for and the Planning Board may
grant extensions of one year or longer as provided in N.J.S.A. 40:55D-49.
(3)
Final approval.
(a)
Application for final major subdivision or site plan approval
shall be granted or denied within 45 days of submission of a complete
final application or within such further time as consented to by the
developer. Failure of the Planning Board to act within the prescribed
period shall constitute final approval.
(b)
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 Municipal
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.
(c)
Final approval of a major subdivision shall expire 95 days from
the date of the signing of the plat unless, within such period, a
plat meeting the Map Filing Law and bearing the signatures of the
Chairman and Secretary of the Planning Board shall have been duly
filed with the County Clerk. The Planning Board may, for good cause,
shown, extend the period for recording for an additional period not
exceeding 190 days from the date of the signing of the plat.
(d)
Final approval of a major subdivision or site plan shall confer
upon the developer the following rights:
[1]
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection C(2) of this section shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly and properly recorded. The Planning Board may extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection C(2) of this section for any portion granted final approval.
[2]
In the case of a subdivision or site plan for planned development
or residential cluster of 50 acres or more or a conventional subdivision
or site plan for 150 acres or more, the Planning Board may extend
the period of protection as provided in N.J.S.A. 40:55D-52.
D.
General approval requirements.
(1)
No approval shall be granted until payment of all appropriate Township
fees.
(2)
No subdivision or site plan shall be finally approved until proof
has been submitted that no taxes or assessments for local improvements
are due or delinquent on the property for which the application is
made.
(3)
Deeds for all required easements, as approved by the Municipal Engineer
as to content and by the Municipal Attorney as to form, shall be delivered
prior to final approval.
E.
Distribution of approved plats or plans. Upon final approval, copies
of the approved plat or plans shall be distributed by the Planning
Board Secretary to the Planning Board Files, Township Engineer, Zoning
Officer, Tax Assessor, County Planning Board and the applicant.
F.
Exception in application of regulation. The Planning Board, when
acting upon application for a preliminary or minor subdivision approval
or preliminary site plan approval, shall have the power to grant such
exceptions from the requirements for approval as may be reasonable
and within the general purpose and intent of the provisions for review
and approval of this article if the literal enforcement of one or
more provisions of this article is impractical or will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that such exceptions and the reasons therefor shall
be recorded in the minutes.
G.
Simultaneous review and approval. The Planning Board shall have the
power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board or
the Planning Board being required to hold further hearings. The longest
time period for action by the Planning Board, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
H.
Conditional use approval. In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and § 75-6E of this chapter, the Planning Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Said application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning Board to act within the prescribed period shall constitute approval of the application.
I.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before granting approval for a variance or for the issuance of building permits as set forth in § 75-6F of this chapter, the Planning Board 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 Planning Board to act within the period prescribed shall constitute approval.
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board 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.
It is the intent of this chapter that no appeal of any action
of the Planning Board shall be taken to the Township Committee, and
that recourse from the decision of the Planning Board shall be to
any court of competent jurisdiction according to law, except for appeal
or petition of a public utility in certain cases to the Board of Public
Utility Commissioners, pursuant to N.J.S.A. 40:55D-19.
