A.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq.,
in Upper Deerfield Township, a Planning Board of nine members, consisting
of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor with the
approval of the Township Committee, provided that, if there is an
Environmental Commission, the member of the Environmental Commission
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1 shall be deemed to be the Class II Planning Board member
if there are both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members.
(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 with the approval of the Township Committee.
B.
The members of Class IV shall hold no other municipal office, except
that one member may be a member of the Board of Education. A member
of the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member unless there are among the Class IV members of the Planning
Board both a member of the 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 a Class II member of the Planning
Board.
[Amended 12-30-2009 by Ord. No. 649]
C.
In addition to the foregoing, alternate members may be appointed
to the Planning Board in Classes II, III and IV. Such alternate members
shall not exceed one Class II, one in Class III and four in Class
IV. Alternate members of Classes II and III shall be appointed for
terms to expire at the same time as the terms of regular members of
their respective classes. Alternate members of Class IV shall serve
for terms of two years; provided, however, that the initial terms
of such members shall be one and two years, respectively. The term
of not more than two alternate members shall expire in one year. A
vacancy occurring other than by expiration of term shall be filled
by the appointing authority for the unexpired term only. Such alternate
members shall be designated by the Mayor as "Alternate No. 1," "Alternate
No. 2," "Alternate No. 3" and "Alternate No. 4" and shall serve during
the absence or disqualification of any regular member or members of
Class IV. Alternate members of each class shall be appointed by the
same appointing authority as regular members of that class.
[Amended 2-7-2019 by Ord. No. 796]
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 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 occurs 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 occurs
first.
[Amended 12-30-2009 by Ord. No. 649]
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 terms shall be distributed evenly 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 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 a term of four years or less, as needed to evenly
distribute expiration dates as provided above.
D.
All terms shall run from January 1 of the year in which the appointment
is made.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may or may
not be either a member of the Planning Board or a municipal employee
designated by it.[1]
[1]
Editor's Note: Former § 98-77, Experts and staff,
which immediately followed this section, was deleted 12-17-2009 by
Ord. No. 645.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A.
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.
B.
To administer provisions of all development regulations of the municipality
in accordance with the provisions of said regulations 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 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 Planning Board
by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as a zoning board of adjustment:
(1)
Variance pursuant to N.J.S.A. 40:55D-70c.
[Amended 10-28-1982 by Ord. No. 244]
(2)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood-control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(3)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of permit for
a building or structure not related to a street. 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.
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.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Added 12-30-2009 by Ord. No. 649[1]]
The powers of the Planning Board of the Township of Upper Deerfield
shall include and it may exercise such powers as a zoning board of
adjustment to the same extent and subject to the same restrictions
as permitted by N.J.S.A. 40:55D-25(c).
[1]
Editor's Note: This ordinance also repealed former Art. XIV,
Zoning Board of Adjustment, and incorporated provisions pertaining
to the assumption of the powers of the Zoning Board of Adjustment
by the Planning Board into this article.
[Added 12-30-2009 by Ord. No. 649]
The Planning Board may adopt such additional rules and regulations
as may be necessary to carry out and implement the provisions and
purposes of this chapter and may issue subpoenas, administer oaths,
and take testimony in accordance with the provisions of the County
and Municipal Investigations Law, N.J.S.A. 2A:67-1 et seq.
[Added 12-30-2009 by Ord. No. 649]
A.
The Planning Board shall have the power to perform such functions
of the Zoning Board of Adjustment with such limitations as may be
permitted or imposed by law, including:
(1)
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 enforcement
of the Zoning Ordinance.
(2)
Hear and decide, in accordance with the provisions of the Township
of Upper Deerfield development regulations, requests for interpretation
of the Zoning Map or Zoning Ordinance, or for decisions on other special
questions upon which the Board is authorized to pass by the Zoning
Ordinance or any other development regulation.
(3)
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 in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardship
upon the owner of such property, to grant, upon an application or
an appeal relating to such property, a variance from such strict application
so as to relieve such difficulties or hardship, including a variance
for a conditional use; 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-60a.
(4)
In particular cases and for special reasons, grant a variance to
allow departures from regulations of this chapter, including but not
limited to allowing a structure or use in a district restricted against
such structure or use, but only by the affirmative vote of at least
five members of the full authorized membership of the Board.
B.
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.
[Added 12-30-2009 by Ord. No. 649]
In exercising the above-mentioned powers, the Planning Board
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 such other 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.
[Amended 3-1-1990 by Ord. No. 346; 9-20-2007 by Ord. No. 598; 12-30-2009 by Ord. No. 649]
A.
The Planning Board shall, in addition to the powers specified in § 405-93 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 N.J.S.A. 40:55D-37 to 40:55D-58 or conditional use approval pursuant to N.J.S.A. 40:55D-67 and such additional powers as are set forth in N.J.S.A. 40:55D-76 whenever the Board is reviewing an application for approval of a use variance pursuant to § 405-93A(4) of this article.
C.
Pursuant to this chapter, any variance or other relief granted by
the Planning Board shall expire and become void if construction, alteration
or conversion has not been completed and the use thereof commenced
within two years from the date of the Board's approval.
[Amended 12-30-2009 by Ord. No. 649]
No member of the Planning Board shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
[Amended 12-30-2009 by Ord. No. 649]
A.
Meetings of the Planning Board shall be scheduled no less often than
once a month, and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to the Board's members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of the members of the
municipal agency present at the meeting except as otherwise required
by any provision of N.J.S.A. 40:55D-1 et seq.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6
et seq.). An executive session for the purpose of discussion and studying
any matters to come before the Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Amended 12-30-2009 by Ord. No. 649]
Minutes of every regular or special meeting shall be kept and
include the names of the persons appearing and addressing the Board
and of the persons appearing by attorney, the action taken by the
Board, the findings, if any, made by it and reasons therefor. The
minutes shall thereafter be made available for public inspection during
normal business hours at the office of the Municipal Clerk. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceeding concerning the subject matter
of such minutes. Such interested party may be charged a fee for reproduction
of the minutes for his use as provided for in the rules of the Board.
[Amended 12-30-2009 by Ord. No. 649]
Fees for applications or for the rendering of any service by
the Planning Board, or any member of its administrative staff, which
are not otherwise provided by ordinance may be provided for and adopted
as part of the rules of the Board, and copies of said rules or of
the separate fee schedule shall be available for the public.[1]
[1]
Editor's Note: Former Art. XIV, Zoning Board of Adjustment, as amended, and Art. XV, Provisions Applicable to Both Planning Board and Board of Adjustment, of Ch. 98, Zoning and Development, which previously followed this article, were deleted 12-30-2009 by Ord. No. 649. Ordinance No. 649 abolished the Zoning Board of Adjustment and transferred powers of the Zoning Board of Adjustment to the Planning Board. Ordinance No. 649 also amended and transferred several sections from former Arts. XIV and XV to former Art. XIII, Planning Board.
